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Community Empowerment (Scotland) Act 2015

Type Act of the Scottish Parliament

Publication 2015-07-24

Last updated 2021-02-24

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

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(h) how any benefits such as are mentioned in paragraph (f) relate to other matters the authority considers relevant (including, in particular, the functions and purposes of the authority),

(i) any obligations imposed on the authority, by or under any enactment or otherwise, that may prevent, restrict or otherwise affect its ability to agree to the request, and

(j) such other matters (whether or not included in or arising out of the request) as the authority considers relevant.

(4) The authority must exercise the function under subsection (2) in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements.

(5) The authority must agree to the request unless there are reasonable grounds for refusing it.

(6) In subsection (3)(f), an “alternative proposal” includes—

(a) another asset transfer request,

(b) a proposal made by the authority or any other person.

(7) The authority must, within the period mentioned in subsection (8), give notice (in this Part, a “decision notice”) to the community transfer body of—

(a) its decision to agree to or refuse the request, and

(b) the reasons for its decision.

(8) The period is—

(a) a period prescribed in regulations made by the Scottish Ministers, or

(b) such longer period as may be agreed between the authority and the community transfer body.

(9) The Scottish Ministers may by regulations make provision about—

(a) the information (in addition to that required under this Part) that a decision notice is to contain, and

(b) the manner in which a decision notice is to be given.

Agreement to asset transfer request

83

(1) This section applies where a relevant authority decides to agree to an asset transfer request made by a community transfer body.

(2) The decision notice relating to the request must—

(a) specify the terms on which, and any conditions subject to which, the authority would be prepared to transfer ownership of the land, lease the land or (as the case may be) confer rights in respect of the land to which the request relates (whether or not such terms and conditions were specified in the request),

(b) state that, if the community transfer body wishes to proceed, it must submit to the authority an offer to acquire ownership of the land, lease the land or (as the case may be) assume rights in respect of the land, and

(3) The period specified under subsection (2)(c) must be a period of at least 6 months beginning with the date on which the decision notice is given.

(4) An offer such as is mentioned in subsection (2)(b)—

(a) must reflect any terms and conditions specified in the decision notice,

(b) may include such other reasonable terms and conditions as are necessary or expedient to secure—

(i) the transfer of ownership, the lease or (as the case may be) the conferral of rights, and

(ii) that such a transfer, lease or (as the case may be) conferral of rights takes place within a reasonable time,

(5) Subsection (6) applies where no contract is concluded on the basis of such an offer before the end of the period mentioned in subsection (7).

(6) The community transfer body may appeal to the Scottish Ministers under section 90 (except in a case where the relevant authority is the Scottish Ministers).

(7) The period is—

(a) the period of 6 months beginning with the date of the offer, or

(b) such longer period—

(i) as may be agreed between the authority and the community transfer body, or

(ii) in the absence of any such agreement, as may be specified in a direction by the Scottish Ministers.

(8) A direction under subsection (7)(b)(ii) may be made only on the application of the community transfer body.

(9) An application under subsection (8) may be made on more than one occasion.

(10) The Scottish Ministers may by regulations make provision about—

(a) the form of, and procedure for making, an application such as is mentioned in subsection (8),

(b) the manner in which a direction under subsection (7)(b)(ii) is to be given,

Prohibition on disposal of land

84

(1) Subsection (2) applies where an asset transfer request is made by a community transfer body to a relevant authority.

(2) During the relevant period, the authority must not sell, lease or otherwise dispose of the land to which the request relates to any person other than the community transfer body.

(3) In subsection (2), the “relevant period” is the period beginning on the day on which the asset transfer request is made and ending on the day on which the request is disposed of.

(4) For the purposes of subsection (3), a request is disposed of—

(a) if the request is refused by the relevant authority and no appeal under section 85 or 88, or application for review under section 86 or 87, is made by the community transfer body within the time limit applicable to the making of such an appeal or review,

(b) if the request is refused after—

(i) an appeal under section 85 or 88 is determined, or

(ii) a review under section 87 is carried out,

(i) the request is agreed to,

(ii) no offer as mentioned in section 83(2) is made within the time limit applicable to the making of such an offer,

(iii) no appeal under section 85 is made within the time limit applicable to the making of such an appeal, and

(iv) no application for a review under section 86 or 87 is made within the time limit applicable to the making of such an application,

(d) if—

(i) the request is agreed to after an appeal under section 85 or 88 is determined, and

(ii) no offer as mentioned in section 85(8) is made within the time limit applicable to the making of such an offer,

(e) if—

(i) the request is agreed to after a review under section 86 is carried out,

(ii) no offer as mentioned in section 83(2) is made within the time limit applicable to the making of such an offer, and

(iii) no appeal under section 88 is made within the time limit applicable to the making of such an appeal,

(f) if—

(i) the request is agreed to after a review under section 87 is carried out, and

(ii) no offer as mentioned in section 83(2) is made within the time limit applicable to the making of such an offer, or

(g) if—

(i) the request is agreed to (including after an appeal under section 85 or 88 is determined, or a review under section 86 or 87 is carried out),

(ii) an offer as mentioned in section 83(2) or 85(8) is made within the time limit applicable to the making of such an offer, and

(iii) subsection (5), (6), (7) or (8) applies.

(5) This subsection applies where, before the expiry of the period mentioned in paragraph (a) or (where applicable) paragraph (b) of subsection (7) of section 83, a contract is concluded on the basis of an offer as mentioned in subsection (2) of that section or in section 85(8).

(6) This subsection applies where—

(a) the period mentioned in paragraph (a) or (where applicable) paragraph (b) of subsection (7) of section 83 expires,

(b) no contract is concluded on the basis of an offer as mentioned in subsection (2) of that section or in section 85(8), and

(i) is not made within the time limit applicable to the making of such an appeal, or

(ii) is timeously made but dismissed.

(7) This subsection applies where—

(a) the relevant authority to whom the request is made is the Scottish Ministers,

(b) the period mentioned in paragraph (a) or (where applicable) paragraph (b) of subsection (7) of section 83 expires, and

(c) no contract is concluded on the basis of an offer as mentioned in subsection (2) of that section or in section 85(8).

(8) This subsection applies where—

(a) the period mentioned in paragraph (a) or (where applicable) paragraph (b) of subsection (7) of section 83 expires,

(b) no contract is concluded on the basis of an offer as mentioned in subsection (2) of that section or in section 85(8),

(d) a condition mentioned in any of paragraphs (a) to (f) of subsection (9) is satisfied.

(9) The conditions are—

(a) no offer as mentioned in subsection (4) of section 90 is submitted within the period specified in the appeal decision notice under subsection (3) of that section relating to the appeal,

(b) such an offer is submitted within that period and a contract is concluded on the basis of the offer—

(i) before the expiry of the period of 28 days beginning on the day on which the offer is submitted, or

(ii) within such period as is specified in a direction under subsection (5) of that section (including such period as extended under subsection (6) of that section),

(c) no application under subsection (5) of that section is made within the time limit applicable to the making of such applications,

(d) such an application is refused,

(e) following the giving of a direction under subsection (5) of section 90 in relation to an offer as mentioned in subsection (4) of that section—

(i) the offer is withdrawn, or

(ii) the community transfer body and the relevant authority conclude a contract on terms and conditions different from those in the offer,

(f) the relevant authority is deemed, under subsection (7) of that section, to have accepted such an offer and have concluded a contract with the community transfer body.

(10) A reference in this section to—

(a) subsection (2), (6) or (7) of section 83 includes a reference to those subsections as applied—

(i) by sections 85(10), 86(9) and 87(9), and

(ii) by virtue of section 89(2),

(b) section 85 includes a reference to that section as applied by section 88(3),

(c) section 86 includes a reference to that section as applied by subsection (2) of, and modified in such application by virtue of subsection (4) of, section 89.

(11) Where, by virtue of subsection (2), a relevant authority is prevented from selling, leasing or otherwise disposing of any land, any contract by virtue of which the authority is obliged to sell, lease or otherwise dispose of the land to a person other than the community transfer body referred to in that subsection is void.

(12) Subsection (2) does not apply where, before the date on which the asset transfer request referred to in that subsection is made, the relevant authority or a person acting on behalf of the authority—

(a) has, in relation to the land to which the request relates, advertised or otherwise exposed the land for sale or lease,

(b) has, in relation to the land, entered into negotiations with another person with a view to transferring or leasing the land, or

(c) proceeds further with a proposed transfer or lease of the land which was initiated before the date on which the asset transfer request is made.

(13) The Scottish Ministers may direct that subsection (2) does not apply to such land to which an asset transfer request relates as may be specified in the direction.

Appeals and reviews

Appeals

85

(1) Subsection (2) applies where—

(a) an asset transfer request is refused by a relevant authority,

(b) an asset transfer request is agreed to by a relevant authority but the decision notice relating to the request specifies material terms or conditions which differ to a significant extent from those specified in the request, or

(c) a relevant authority does not give a decision notice relating to an asset transfer request to the community transfer body making the request within the period mentioned in paragraph (a) or (where applicable) paragraph (b) of section 82(8).

(2) The community transfer body making the request may appeal to the Scottish Ministers unless the relevant authority is—

(a) the Scottish Ministers,

(b) a local authority, or

(c) a person, or a person that falls within a class of persons, specified in an order made by the Scottish Ministers for the purposes of this section.

(3) The Scottish Ministers may by regulations prescribe—

(a) the procedure to be followed in connection with appeals under subsection (2),

(b) the manner in which such appeals are to be conducted, and

(4) The provision that may be made by virtue of subsection (3) includes provision that the manner in which an appeal, or any stage of an appeal, is to be conducted is to be at the discretion of the Scottish Ministers.

(5) On an appeal under subsection (2), the Scottish Ministers—

(a) may allow or dismiss the appeal,

(b) may reverse or vary any part of the decision of the relevant authority (whether the appeal relates to that part of it or not),

(c) must, in the circumstances mentioned in either paragraph (a) or (b) of subsection (6), issue a direction to the authority requiring the authority to take such steps, or achieve such outcomes, as are specified in the direction within such time periods as are so specified,

(d) may, in any other circumstances, issue such a direction, including a direction relating to any aspects of the asset transfer request to which the appeal relates (whether or not the authority's decision relates to those aspects).

(6) The circumstances are—

(a) that the appeal is allowed,

(b) that any part of the decision of the relevant authority is reversed or varied to the effect that the authority is required to—

(i) transfer ownership of any land, lease any land or confer rights in respect of any land, or

(ii) agree to the asset transfer request subject to such terms and conditions as may be specified in the direction.

(7) The references in subsections (5)(b) and (6)(b) to any part of the decision includes any terms and conditions specified in the decision notice relating to the asset transfer request.

(8) A direction issued under subsection (5)(c) must require the relevant authority to issue a further decision notice—

(a) specifying the terms on which, and any conditions subject to which, the authority would be prepared to transfer ownership of the land, lease the land or (as the case may be) confer rights in respect of the land, including any terms and conditions required to be included by virtue of the direction,

(b) stating that, if the community transfer body wishes to proceed, it must submit to the authority an offer to acquire ownership of the land, lease the land or (as the case may be) assume rights in respect of the land, and

(c) specifying the period within which such an offer is to be submitted (which must be at least 6 months beginning with the date on which the further decision notice was issued).

(9) A further decision notice issued by virtue of a direction mentioned in subsection (8) replaces any decision notice relating to the asset transfer request in respect of which the appeal was made.

(10) Subsections (4) to (10) of section 83 apply in relation to a further decision notice issued by virtue of a direction mentioned in subsection (8) as they apply in relation to a decision notice referred to in that section; but as if in subsection (4) of that section—

(a) the reference to an offer such as is mentioned in subsection (2)(b) of that section were a reference to an offer such as is mentioned in subsection (8)(b) of this section, and

(b) the reference to the period specified in the decision notice under subsection (2)(c) of that section were a reference to the period specified in a further decision notice by virtue of subsection (8)(c) of this section.

Review by local authority

86

(1) Subsection (2) applies in a case where—

(a) an asset transfer request is made to a local authority by a community transfer body, and

(b) the authority—

(i) refuses the request,

(ii) agrees to the request but the decision notice relating to the request specifies material terms or conditions which differ to a significant extent from those specified in the request, or

(iii) does not give a decision notice relating to the request to the community transfer body within the period mentioned in paragraph (a) or (where applicable) paragraph (b) of section 82(8).

(2) On an application made by the community transfer body, the local authority must carry out a review of the case.

(3) The Scottish Ministers may by regulations prescribe—

(a) the procedure to be followed in connection with reviews under subsection (2),

(b) the manner in which such reviews are to be carried out, and

(4) The provision that may be made by virtue of subsection (3) includes provision that the manner in which a review, or any stage of a review, is to be carried out by a local authority is to be at the discretion of the authority.

(5) A local authority may, in relation to a decision reviewed under subsection (2)—

(a) confirm its decision,

(b) modify its decision, or any part of its decision (including any terms and conditions specified in the decision notice to which the asset transfer request relates), or

(6) Following a review under subsection (2), the local authority must—

(a) issue a decision notice as respects the asset transfer request to which the review relates, and

(b) provide in the decision notice the reasons for its decision.

(7) A decision notice issued under subsection (6)––

(a) replaces any decision notice relating to the asset transfer request in respect of which the review was carried out, and

(b) must be issued within—

(i) a period prescribed in regulations made by the Scottish Ministers, or

(ii) such longer period as may be agreed between the local authority and the community transfer body that made the asset transfer request.

(8) Subsections (3) to (5) of section 82 apply in relation to a decision relating to an asset transfer request in a review under subsection (2) of this section as they apply in relation to a decision relating to the request under subsection (2) of that section.

(9) Section 83 applies in relation to a decision to agree to an asset transfer request (including a decision to confirm such an agreement) following a review under subsection (2) as it applies in relation to a decision mentioned in subsection (1) of that section.

(10) In section 56 of the Local Government (Scotland) Act 1973 (arrangements for the discharge of functions by local authorities), after subsection (6A) insert—

(6B) The duty to carry out a review of a case imposed on an authority under section 86(2) of the Community Empowerment (Scotland) Act 2015 (reviews by local authorities of asset transfer requests) must be discharged only by the authority or a committee or sub-committee of the authority; and accordingly no such committee or sub-committee may arrange for the discharge under subsection (2) of the duty by an officer of the authority. (6C) In subsection (6B), the reference to section 86(2) of the Community Empowerment (Scotland) Act 2015 includes a reference to that section as applied by subsection (2) of, and modified in such application by virtue of subsection (4) of, section 89 of that Act.

Review of decisions by the Scottish Ministers

87

(1) Subsection (2) applies in a case where—

(a) an asset transfer request is made to the Scottish Ministers by a community transfer body, and

(b) the Scottish Ministers—

(i) refuse the request,

(ii) agree to the request but the decision notice relating to the request specifies material terms or conditions which differ to a significant extent from those specified in the request, or

(iii) do not give a decision notice relating to the request to the community transfer body within the period mentioned in paragraph (a) or (where applicable) paragraph (b) of section 82(8).

(2) On an application made by the community transfer body, the Scottish Ministers must carry out a review of the case.

(3) The Scottish Ministers may by regulations make provision about reviews carried out under subsection (2) including, in particular, provision in relation to—

(a) the procedure to be followed in connection with reviews,

(b) the appointment of such persons, or persons of such description, as may be specified in the regulations for purposes connected with the carrying out of reviews,

(c) the functions of persons mentioned in paragraph (b) in relation to reviews (including a function of reporting to the Scottish Ministers),

(d) the manner in which reviews are to be conducted, and

(e) the time limits within which applications for reviews must be brought.

(4) The provision that may be made by virtue of subsection (3) includes provision that—

(a) the manner in which a person appointed by virtue of paragraph (b) of that subsection carries out the person's functions in relation to a review, or any stage of a review, is to be at the discretion of the person,

(b) the manner in which a review, or any stage of a review, is to be carried out by the Scottish Ministers is to be at the discretion of the Scottish Ministers.

(5) Having regard to any report they receive by virtue of subsection (3)(c), the Scottish Ministers may, in relation to a decision reviewed under subsection (2)—

(a) confirm the decision,

(b) modify the decision, or any part of the decision (including any terms and conditions specified in the decision notice to which the asset transfer request relates), or

(6) Following a review under subsection (2), the Scottish Ministers must—

(a) issue a decision notice as respects the asset transfer request to which the review relates, and

(b) provide in the decision notice the reasons for their decision.

(7) A decision notice issued under subsection (6) replaces any decision notice relating to the asset transfer request in respect of which the review was carried out.

(8) Subsections (3) to (5) of section 82 apply in relation to a decision relating to an asset transfer request in a review under subsection (2) of this section as they apply in relation to a decision relating to the request under subsection (2) of that section.

(9) Section 83 applies in relation to a decision to agree to an asset transfer request (including a decision to confirm such an agreement) following a review under subsection (2) as it applies in relation to a decision mentioned in subsection (1) of that section.

Appeals from reviews under section 86

88

(1) Subsection (2) applies in a case where, following a review carried out under section 86(2), a local authority—

(a) refuses the asset transfer request to which the review relates,

(b) agrees to the request but the decision notice issued under section 86(6) specifies material terms or conditions which differ to a significant extent from those specified in the request, or

(c) does not issue the decision notice within the prescribed period mentioned in sub-paragraph (i) or (where applicable) (ii) of paragraph (b) of subsection (7) of section 86.

(2) The community transfer body making the asset transfer request may appeal to the Scottish Ministers.

(3) Subsections (3) to (10) of section 85 apply to an appeal under subsection (2) of this section as they apply to an appeal under subsection (2) of that section, subject to the modification that any references to the relevant authority in the subsections so applied are to be read as references to the local authority mentioned in subsection (1) of this section.

(4) In subsection (1), references to section 86 include references to the provisions of that section as applied by subsection (2) of, and modified in such application by virtue of subsection (4) of, section 89.

Decisions by relevant authority specified under section 85(2)(c): reviews

89

(1) Subsection (2) applies in a case where—

(a) an asset transfer request is made to a relevant authority specified in an order under section 85(2)(c), and

(b) the relevant authority—

(i) refuses the request,

(ii) agrees to the request but the decision notice relating to the request specifies material terms or conditions which differ to a significant extent from those specified in the request, or

(iii) does not give a decision notice relating to the request to the community transfer body within the period mentioned in paragraph (a) or (where applicable) paragraph (b) of section 82(8).

(2) Subsections (2) to (9) of section 86 apply to the case mentioned in subsection (1) (and, for the purposes of that application, references in that section to any of those subsections are to be read as references to those subsections as so applied and modified in such application by virtue of subsection (4)).

(3) Subsection (2) is subject to subsection (4).

(4) The Scottish Ministers may by order—

(a) make provision for subsections (2) to (9) of section 86 to apply as mentioned in subsection (2) subject to such modifications (if any) as they think appropriate,

(b) specify, in relation to an application for a review under section 86(2) applied as mentioned in subsection (2)—

(i) the local authority to which the application is to be made,

(ii) factors determining the local authority to which the application is to be made.

No concluded contract: appeals

90

(1) Subsections (2) to (11) apply where—

(a) no contract is concluded as mentioned in subsection (5) of section 83 between a relevant authority and a community transfer body, and

(b) the community transfer body appeals under subsection (6) of that section.

(2) The Scottish Ministers may allow or dismiss the appeal.

(3) If the Scottish Ministers allow the appeal, they must issue a notice (an “appeal decision notice”) that specifies—

(a) sufficient and precise details of the terms and conditions of an offer which may be made by the community transfer body to the relevant authority in relation to the asset transfer request made by the body, and

(b) the period within which any such offer is to be submitted.

(4) Subsection (5) applies where—

(a) the community transfer body submits an offer to the relevant authority containing all and only those terms and conditions the details of which are specified in the appeal decision notice,

(b) the offer is submitted within the period so specified,

(c) no contract is concluded on the basis of the offer before the end of the period of 28 days beginning with the day on which the offer is submitted, and

(d) the offer is not withdrawn before the expiry of that 28 day period.

(5) The Scottish Ministers may, on an application made by the community transfer body, give the relevant authority a direction requiring the authority to conclude a contract with the community transfer body on the terms and conditions the details of which are specified in the appeal decision notice within such period as may be specified in the direction.

(6) The Scottish Ministers may, on more than one occasion, extend the period mentioned in subsection (5) (including that period as extended by a direction given under this subsection) by giving a further direction to the relevant authority.

(7) Where a direction under subsection (5) is given to a relevant authority, and the authority does not within the period specified in the direction (or that period as extended under subsection (6)) conclude the contract as mentioned in subsection (5), the authority is deemed to have accepted the offer and accordingly to have concluded a contract with the community transfer body.

(8) Subsection (7) does not apply where—

(a) the community transfer body and the relevant authority have entered into a contract on terms and conditions different from those the details of which are specified in the appeal decision notice, or

(b) the offer is withdrawn before the end of the period specified in the direction (or that period as extended by a direction under subsection (6)).

(9) The asset transfer request in relation to which an appeal mentioned in subsection (1) is made is to be treated, for the purposes of this Part (other than section 93), as if it had not been made if the appeal is allowed but—

(a) the community transfer body does not submit an offer as mentioned in subsection (4)(a),

(b) the community transfer body does not submit such an offer within the period specified in the appeal decision notice,

(c) the community transfer body has not, before the expiry of any time limit for making applications under subsection (5) by virtue of regulations under subsection (14), applied for a direction under subsection (5), or

(d) any application for such a direction is refused.

(10) Where the appeal is dismissed by the Scottish Ministers, the decision to agree to the asset transfer request in relation to which the appeal is made is of no effect (but that is not to be taken to mean that the asset transfer request is to be treated as having been refused for the purposes of any appeal or review under this Part).

(11) In subsection (1), references to any subsections of section 83 include references to those subsections as applied—

(a) by sections 85(10), 86(9) and 87(9), and

(b) by virtue of section 88(3).

(12) The Scottish Ministers may by regulations make provision about appeals under section 83(6) including, in particular, provision in relation to—

(a) the procedure to be followed in connection with appeals,

(b) the appointment of such persons, or persons of such description, as may be specified in the regulations for purposes connected with appeals,

(c) the functions of persons mentioned in paragraph (b) in relation to appeals (including a function of reporting to the Scottish Ministers),

(d) the manner in which appeals are to be conducted, and

(e) the time limits within which appeals must be brought.

(13) The provision that may be made by virtue of subsection (12) includes provision that—

(a) the manner in which a person appointed by virtue of paragraph (b) of that subsection carries out the person's functions in relation to an appeal, or any stage of an appeal, is to be at the discretion of the person,

(b) the manner in which an appeal, or any stage of an appeal, is to be carried out by the Scottish Ministers is to be at the discretion of the Scottish Ministers.

(14) The Scottish Ministers may by regulations make provision about applications under subsection (5) including, in particular, provision in relation to—

(a) the form of, and procedure for making, such applications,

(b) the time limits within which such applications must be brought.

Effect of offers on appeals and reviews

91

(1) Subsection (2) applies where—

(a) a community transfer body makes an asset transfer request to a relevant authority,

(b) the relevant authority agrees to the request as mentioned in section 85(1)(b), 86(1)(b)(ii), 87(1)(b)(ii) or 88(1)(b),

(d) the offer has not been withdrawn.

(2) The community transfer body may not—

(a) make an appeal under section 85 or 88, or

(b) apply for a review under section 86 or 87.

(3) Where an offer as mentioned in section 83(2) is made by a community transfer body after the body has made an appeal, or applied for a review, as mentioned in subsection (2), the appeal or (as the case may be) application for review is to be treated as having been withdrawn by the body.

(4) A reference in this section to—

(a) section 83(2) includes a reference to that section as applied—

(i) by section 86(9) and 87(9), and

(ii) by virtue of section 89(2),

(b) section 85 includes a reference to that section as applied by section 88(3),

(c) section 86 includes a reference to that section as applied by subsection (2) of, and modified in such application by virtue of subsection (4) of, section 89.

Disapplication of certain lease restrictions

Disapplication of restrictions in lease of land to relevant authority

92

(1) This section applies where—

(a) land is leased to a relevant authority,

(b) an asset transfer request is made to the authority by a community transfer body for the authority to—

(i) lease the land to the body, or

(ii) confer a right of occupancy on the body in respect of the land,

(c) the land is leased to the relevant authority by another relevant authority or by a company that is wholly owned by another relevant authority, and

(d) no other person is entitled to occupy the land to which the request relates (whether by virtue of a sublease by the authority or otherwise).

(2) Any restrictions in the lease of the land to which the request relates such as are mentioned in subsection (3) do not apply as between the relevant authority and the person from whom the authority leases the land.

(3) The restrictions are any restrictions—

(a) on the power of the relevant authority to sublet the land,

(b) on the power of the authority to share occupancy of the land,

(4) Nothing in this section affects any restrictions in the lease of the land to the relevant authority on the power of the authority to assign or transfer rights and liabilities under the lease.

(5) If the relevant authority leases the land to, or confers a right of occupancy in respect of the land on, a community transfer body, the authority continues to be subject to any obligations under the lease of the land to the authority.

Power to decline subsequent requests

Power to decline certain asset transfer requests

93

(1) Subsection (2) applies where—

(a) an asset transfer request (a “new request”) relating to land is made to a relevant authority,

(b) the new request relates to matters that are the same, or substantially the same, as matters contained in a previous asset transfer request (a “previous request”) made in relation to the land,

(d) the authority refused the previous request (whether following an appeal or not).

(2) The relevant authority may decline to consider the new request.

(3) Where a new request is declined to be considered under subsection (2), that is not to be treated as a refusal of the new request for the purposes of—

(a) an appeal under section 85 (including the provisions of that section as applied by section 88(3)), or

(b) a review under section 86 (including the provisions of that section as applied by subsection (2) of, and modified in such application by virtue of subsection (4) of, section 89) or section 87.

(4) For the purposes of subsection (1)(b), a new request relates to matters that are the same, or substantially the same, as matters contained in a previous request only if both requests, in relation to the land to which they relate, seek (or sought)—

(a) transfer of ownership of the land,

(b) lease of the land, or

(5) For the purposes of this section, it is irrelevant whether the body making a new request is the same body as, or a different body from, that which made the previous request.

Registers of relevant authorities' land

Duty to publish register of land

94

(1) Each relevant authority must establish and maintain a register of land mentioned in subsection (2).

(2) The land is land which, to the best of the authority's knowledge and belief, is owned or leased by the authority.

(3) Every relevant authority must—

(a) make arrangements to enable members of the public to inspect, free of charge, its register of land at reasonable times and at such places as the authority may determine, and

(b) make its register of land available on a website, or by other electronic means, to members of the public.

(4) The Scottish Ministers may by regulations specify land, or descriptions of land, that a relevant authority need not include in its register of land.

(5) Relevant authorities must have regard to any guidance issued by the Scottish Ministers in relation to the duties imposed on the authorities under this section.

(6) Before issuing such guidance, the Scottish Ministers must consult the relevant authorities.

(7) The omission of any land owned or leased by a relevant authority from the authority's register of land does not prevent an asset transfer request being made in respect of the land.

Annual reports

95

(1) A relevant authority must publish an asset transfer report for each reporting year.

(2) An asset transfer report is a report setting out, in respect of the reporting year—

(a) the number of asset transfer requests the relevant authority received,

(b) the number of such requests which the relevant authority—

(i) agreed to, and

(ii) refused,

(i) a transfer of ownership of land to a community transfer body,

(ii) a lease of land to such a body,

(iii) rights in respect of land being conferred on such a body,

(d) the number of appeals under section 85 relating to such requests made to the relevant authority that have—

(i) been allowed,

(ii) been dismissed,

(iii) resulted in any part of the decision of the authority being varied or reversed,

(e) in relation to a decision of the relevant authority reviewed under section 86 or 87, the number of such decisions that have been—

(i) confirmed,

(ii) modified,

(iii) substituted by a different decision, and

(f) any action taken by the relevant authority during the reporting year—

(i) to promote the use of asset transfer requests,

(ii) to support a community transfer body in the making of an asset transfer request.

(3) An asset transfer report is to be published under subsection (1) no later than 30 June following the end of the reporting year to which it relates.

(4) In this section, “reporting year” means a period of one year beginning on 1 April.

(5) A reference in this section to—

(a) section 85 includes a reference to that section as applied by section 88(3),

(b) section 86 includes a reference to that section as applied by subsection (2) of, and modified in such application by virtue of subsection (4) of, section 89.

Guidance

96

(1) A relevant authority must have regard to any guidance issued by the Scottish Ministers about the carrying out of functions by the authority under this Part.

(2) Before issuing such guidance, the Scottish Ministers must consult such persons as they think fit.

Interpretation of Part 5

97

(1) In this Part—

“asset transfer request” has the meaning given by section 79(2),

“charity” means a body entered in the Scottish Charity Register,

“community benefit society” means a registered society (within the meaning of section 1 of the Co-operative and Community Benefit Societies Act 2014) registered as a community benefit society under section 2 of that Act; and “registered rules” has the meaning given by section 149 of that Act (as that meaning applies in relation to community benefit societies),

“community-controlled body” has the meaning given by section 19,

“community transfer body” has the meaning given by section 77(1),

“decision notice” is to be construed in accordance with section 82(7),

“equal opportunities” and “equal opportunity requirements” have the same meanings as in Section L2 (equal opportunities) of Part 2 of Schedule 5 to the Scotland Act 1998,

“relevant authority” has the meaning given by section 78,

“Scottish charitable incorporated organisation” has the meaning given by section 49 of the Charities and Trustee Investment (Scotland) Act 2005.

(2) References in this Part to land include references to part of the land.

PART 6 — DELEGATION OF FORESTRY COMMISSIONERS' FUNCTIONS

Meaning of “community body” in Forestry Act 1967

98

(1) Section 7C of the Forestry Act 1967 (delegation of functions under section 7B: community bodies) is amended as follows.

(2) In subsection (1)—

(a) for the words from “company”, where it first occurs, to “include” substitute “ body corporate having a written constitution that includes ”,

(b) for the word “company”, wherever it appears in paragraphs (a) to (e), substitute “ body ”,

(da) provision that membership of the body is open to any member of the community, (db) a statement of the body's aims and purposes, including the promotion of a benefit for the community,

, and

(d) in paragraph (e), for “and the auditing of its accounts” substitute

, and (f) provision that any surplus funds or assets of the body are to be applied for the benefit of the community.

(3) In subsection (2), for “(d)” substitute “ (db) ”.

(4) Subsections (4) to (6) are repealed.

PART 7 — FOOTBALL CLUBS

Facilitation of supporter involvement in football clubs

99

(1) The Scottish Ministers may by regulations make provision—

(a) to facilitate the involvement of the supporters of a football club in decisions affecting the management, operation or governance of the club (see section 100),

(b) to facilitate supporter ownership of football clubs (for example by conferring a right to buy, see section 101).

(2) Regulations under this section may provide for the creation of rights or interests, or the imposition of liabilities or conditions, in relation to property (or an interest in property) of any description.

(3) Before making regulations under this section, the Scottish Ministers must consult—

(a) such body or bodies as appear to them to be representative of the interests of football clubs, the leagues in which they play, their players and supporters, and

(b) such other persons as they consider appropriate.

Supporter involvement in decision-making

100

Regulations made under section 99(1)(a) may, in particular, make provision for or in connection with—

(a) the types of football club in relation to which the regulations are to apply,

(b) the steps that a person must take in order to be considered a supporter of a particular football club for the purposes of the regulations,

(i) how the club makes decisions affecting its management, operation or governance, and

(ii) how, and by whom, the club and any property connected with it is owned or held,

(d) the manner in which the supporters of a football club or a body or association representing the interests of such supporters are to be involved in decisions affecting the management, operation or governance of the club,

(e) the kinds of decisions affecting the management, operation or governance of a football club in respect of which the supporters of the club are to be involved,

(f) the consequences for a football club, or a person responsible for its management, operation or governance, of taking a decision affecting the management, operation or governance of the club (or otherwise acting) without involving the supporters of the club.

Supporter ownership

101

Regulations made under section 99(1)(b) may, in particular, make provision for or in connection with—

(a) the types of football club in relation to which the regulations are to apply,

(b) the things which the regulations may facilitate ownership of, including, in particular—

(i) any entity which owns, operates or controls a football club,

(ii) a shareholding or other interest in such an entity,

(iii) any asset (including any right or liability) of the football club or such an entity,

(d) the circumstances which must exist, or conditions which must be satisfied, before any rights conferred under the regulations may be exercised,

(e) the steps that must be taken by supporters, or a body or association representing the interests of supporters, to exercise any rights conferred by the regulations,

(f) the provision of information to supporters about the football club, including details about how, and by whom, the club and any property connected with it is owned or held,

(g) requiring, restricting or preventing the sale or transfer of anything which is, or may become, subject to the rights conferred by the regulations,

(h) the consequences of selling or transferring anything which is, or may become, subject to the rights conferred by the regulations otherwise than in accordance with the regulations (including, in particular, reducing such a sale or transfer),

(i) the rights of creditors of the football club and other persons with an interest in the club,

(j) the resolution of disputes in connection with any rights conferred under the regulations,

(k) appeals in connection with any rights conferred under the regulations,

(l) the circumstances in which any right conferred under the regulations is or may be extinguished.

PART 8 — COMMON GOOD PROPERTY

Registers

Common good registers

102

(1) Each local authority must establish and maintain a register of property which is held by the authority as part of the common good (a “common good register”).

(2) Before establishing a common good register, a local authority must publish a list of property that it proposes to include in the register.

(3) The list may be published in such a way as the local authority may determine.

(4) On publishing a list under subsection (2), the local authority must—

(a) notify the bodies mentioned in subsection (5) of the publication, and

(b) invite those bodies to make representations in respect of the list.

(5) The bodies are—

(a) any community council established for the local authority's area, and

(b) any community body of which the authority is aware.

(6) In establishing a common good register, a local authority must have regard to—

(a) any representations made under subsection (4)(b) by a body mentioned in subsection (5), and

(b) any representations made by other persons in respect of the list published under subsection (2).

(7) Representations as mentioned in subsection (6) may in particular be made in relation to—

(a) whether property proposed to be included in the register is part of the common good,

(b) the identification of other property which, in the opinion of the body or person making the representation, is part of the common good.

(8) A local authority must—

(a) make arrangements to enable members of the public to inspect, free of charge, its common good register at reasonable times and at such places as the authority may determine, and

(b) make its common good register available on a website, or by other electronic means, to members of the public.

Guidance about common good registers

103

(1) In carrying out any of the duties imposed on it by section 102, a local authority must have regard to any guidance issued by the Scottish Ministers in relation to the duties.

(2) Before issuing any such guidance, the Scottish Ministers must consult—

(a) local authorities,

(b) community councils, and

Disposal and use

Disposal and use of common good property: consultation

104

(1) Subsection (2) applies where a local authority is considering—

(a) disposing of any property which is held by the authority as part of the common good, or

(b) changing the use to which any such property is put.

(2) Before taking any decision to dispose of, or change the use of, such property the local authority must publish details about the proposed disposal or, as the case may be, the use to which the authority proposes to put the property.

(3) The details may be published in such a way as the local authority may determine.

(4) On publishing details about its proposals under subsection (2), the local authority must—

(a) notify the bodies mentioned in subsection (5) of the publication, and

(b) invite those bodies to make representations in respect of the proposals.

(5) The bodies are—

(a) where the local authority is Aberdeen City Council, Dundee City Council, the City of Edinburgh Council or Glasgow City Council, any community council established for the local authority's area,

(b) where the local authority is any other council, any community council whose area consists of or includes the area, or part of the area, to which the property mentioned in subsection (1) related prior to 16 May 1975, and

(6) In deciding whether or not to dispose of any property held by a local authority as part of the common good, or to change the use to which any such property is put, the authority must have regard to—

(a) any representations made under subsection (4)(b) by a body mentioned in subsection (5), and

(b) any representations made by other persons in respect of its proposals published under subsection (2).

Disposal etc. of common good property: guidance

105

(1) In carrying out any of the duties imposed on it by section 104, a local authority must have regard to any guidance issued by the Scottish Ministers in relation to the duties.

(2) A local authority must have regard to any guidance issued by the Scottish Ministers in relation to the management and use of property that forms part of the common good.

(3) Before issuing any guidance as mentioned in subsection (1) or (2), the Scottish Ministers must consult—

(a) local authorities,

(b) community councils, and

Interpretation of Part 8

106

In this Part—

“community bodies”, in relation to a local authority, means bodies, whether or not formally constituted, established for purposes which consist of or include that of promoting or improving the interests of any communities (however described) resident or otherwise present in the area of the local authority,

“community council” means a community council established by a local authority under Part 4 of the Local Government (Scotland) Act 1973.

PART 9 — ALLOTMENTS

Key definitions

Meaning of “allotment”

107

In this Part, “allotment” means land that—

(a) is owned or leased by a local authority,

(b) is leased or intended for lease by a person from the authority, and

(i) wholly or mainly for the cultivation of vegetables, fruit, herbs or flowers, and

(ii) otherwise than with a view to making a profit.

Meaning of “allotment site”

108

In this Part, “allotment site”—

(a) means land consisting wholly or partly of allotments, and

(b) includes other land owned or leased by a local authority that may be used by tenants of allotments in connection with their use of allotments.

Request and offer to lease allotment

Request to lease allotment

109

(1) Any person may make a request to the local authority in whose area the person resides—

(a) to lease an allotment from the authority, or

(b) to sublease an allotment from a tenant of the authority.

(2) A request must be made in writing and include—

(a) the name and address of the person making the request, and

(b) such other information as may be prescribed.

(3) The person making the request must, if the area of the allotment sought is less than 250 square metres, specify the area in the request.

(4) Where the person making the request is a disabled person, the request may include information about the person's needs on the grounds of disability relating to—

(a) access to an allotment site or an allotment,

(b) possible adjustments to an allotment site or an allotment.

(5) A request may be made to a local authority even if the authority does not own or lease any allotments.

(6) A request may be made jointly by two or more persons if each person resides in the area of the local authority to which the request is made.

(7) The local authority must give written notice to a person who made a request under subsection (1) confirming receipt of the request before the expiry of the period of 14 days beginning with the date on which the request is received by the authority.

(8) Before making regulations under subsection (2)(b), the Scottish Ministers must consult—

(a) local authorities, and

(b) any other person appearing to the Scottish Ministers to have an interest.

Offer to lease allotment

110

(1) Subsections (2) and (3) apply where a person specifies an allotment of an area of less than 250 square metres (a “specified area”) in a request to a local authority under section 109(1).

(2) If the local authority offers to grant a lease of an allotment of the specified area to the person, the request is to be treated as having been agreed to for the purpose of section 111(3)(a)(i).

(3) If the local authority offers to grant a lease of an allotment that is not of the specified area to the person, the request is to be treated as not having been agreed to for that purpose unless the person accepts the offer.

(4) Subsections (5) and (6) apply where a person does not specify an allotment of an area of less than 250 square metres in a request to a local authority under section 109(1).

(5) If the local authority offers to grant a lease of an allotment of an area of approximately 250 square metres to the person, the request is to be treated as having been agreed to for the purpose of section 111(3)(a)(i).

(6) If the local authority offers to grant a lease of an allotment that is not of an area of approximately 250 square metres to the person, the request is to be treated as not having been agreed to for that purpose unless the person accepts the offer.

(7) In subsections (2), (3), (5) and (6), references to the local authority offering to grant a lease include references to a tenant of the local authority offering to grant a sublease.

Local authority functions

Duty to maintain list

111

(1) Each local authority must establish and maintain a list of persons who make a request to it under section 109(1).

(2) The list may be established and maintained by the local authority in such form as the authority thinks fit.

(3) The duty to maintain a list under subsection (1) includes a duty to remove from the list—

(a) the name of any person—

(i) whose request under section 109(1) is agreed to, or

(ii) who withdraws such a request before it is agreed to, and

(b) any other information relating to any such person.

Duty to provide allotments

112

(1) Where subsection (2) or (3) applies, each local authority must take reasonable steps to ensure––

(a) that the number of persons entered in the list maintained under section 111(1) is no more than one half of the total number of allotments owned and leased by the authority, and

(b) that a person entered in the list does not remain in the list for a continuous period of more than 5 years.

(2) This subsection applies where—

(a) on the commencement date, a local authority does not own or lease any allotments, and

(b) at any time after that date, the number of persons entered in the list mentioned in subsection (1) is 15 or more.

(3) This subsection applies where—

(a) on the commencement date, a local authority owns or leases allotments, and

(b) at any time after that date, the number of persons entered in the list mentioned in subsection (1) is one or more.

(4) A local authority must, in taking reasonable steps as mentioned in subsection (1), have regard to the desirability of making available allotments that are reasonably close to the residence of persons in the list mentioned in that subsection.

(5) The Scottish Ministers may by order amend subsection (1) by substituting for the proportion for the time being specified there such other proportion as they think fit.

(6) The Scottish Ministers may by order amend subsection (2) or (3) by substituting for the number of persons for the time being specified there such other number of persons as they think fit.

(7) Where a request under section 109(1) is made jointly by two or more persons, the persons making the request are to be treated as one person for the purposes of calculating the number of persons referred to in—

(a) subsection (1),

(b) subsection (2) (including that subsection as amended by an order under subsection (6)),

(d) section 121(2)(j) or (p).

(8) In this section, “commencement date” means the date on which this section comes into force.

Duty of tenant of allotment site to grant sublease

113

(1) Subsection (2) applies where an allotment site is let by a local authority.

(2) If the local authority requests that the tenant of the allotment site grant a sublease of an unoccupied allotment on the site to a person entered in the list maintained under section 111(1), the tenant must grant such a sublease.

Access to allotment and allotment site

114

(1) Where a local authority leases an allotment to a tenant, it must provide reasonable access to the allotment and any allotment site on which the allotment is situated.

(2) Where a local authority leases an allotment site to a tenant, it must provide reasonable access to the allotment site and allotments on the site.

Allotment site regulations

115

(1) Each local authority must make regulations about allotment sites in its area.

(2) A local authority must make its first regulations under subsection (1) before the expiry of the period of two years beginning with the date on which this section comes into force , and those regulations must make provision for each allotment site in the area of the local authority.

(3) Regulations under subsection (1) must in particular include provision for or in connection with—

(a) allocation of allotments,

(b) rent, including a method of determining fair rent that takes account of—

(i) services provided by, or on behalf of, the local authority to tenants of allotments,

(ii) the costs of providing those services, and

(iii) circumstances that affect, or may affect, the ability of a person to pay the rent payable under the lease of an allotment,

(d) maintenance of allotments,

(e) maintenance of allotment sites,

(f) buildings or other structures that may be erected on allotments, the modifications that may be made to such structures and the materials that may or may not be used in connection with such structures,

(g) the keeping of livestock (including poultry), and

(h) landlord inspections.

(4) Regulations under subsection (1) may in particular include provision for or in connection with—

(a) buildings or other structures that may be erected on land mentioned in paragraph (b) of the definition of “allotment site” in section 108, the modifications that may be made to such structures and the materials that may or may not be used in connection with such structures,

(b) access by persons (other than allotment tenants) and domestic animals,

(d) acceptable use of allotments and allotment sites,

(e) sale of surplus produce.

(5) Regulations under subsection (1) may make different provision for different areas or different allotment sites.

Allotment site regulations: further provision

116

(1) Before making regulations under section 115(1), a local authority must consult persons appearing to the local authority to have an interest.

(2) At least one month before making regulations under section 115(1), a local authority must—

(a) place an advertisement in at least one newspaper circulating in its area giving notice of—

(i) the authority's intention to make the regulations,

(ii) the general purpose of the proposed regulations,

(iii) the place where a copy of the proposed regulations may be inspected,

(iv) the fact that any person may make written representations in relation to the proposed regulations,

(v) the time within which a person may make representations, and

(vi) the address to which any representations must be sent, and

(b) make copies of the proposed regulations available for inspection by the public without payment—

(i) at its offices, and

(ii) if it considers it practicable, at the allotment site to which the regulations are to apply.

(3) Any person may make a representation in writing in relation to the proposed regulations no later than one month after the last date on which notice under subsection (2)(a) is given.

(4) Before making the regulations, the authority must—

(a) offer any person who makes a representation under subsection (3) the opportunity to make further representations in person, and

(b) take account of any representations received by it by virtue of subsection (3) and paragraph (a).

(5) The regulations are made by being signed by the proper officer of the authority.

(6) The regulations—

(a) come into force

(i) in the case of the first regulations made by a local authority under section 115(1), on the day after the day on which they are made,

(ii) in any other case, on the day after the day on which they are made or on such later day as may be specified in the regulations, and

(b) continue in force unless revoked.

(7) Subsections (1) to (4) apply in relation to—

(a) a proposed amendment,

(b) a proposed revocation,

(d) a revocation,

of regulations under section 115(1) as they apply in relation to proposed regulations, or (as the case may be) the making of proposed regulations, under that section.

(8) Subsections (5) and (6) apply in relation to an amendment, or a revocation, of regulations under section 115(1) as they apply in relation to regulations under that section but—

(a) sub-paragraph (i) of paragraph (a) of subsection (6) does not apply and sub-paragraph (ii) of that paragraph applies in relation to any such amendment or revocation, and

(b) subsection (6)(b) does not apply in relation to such a revocation.

(9) A copy of the regulations must be displayed at the entrance to an allotment site to which they apply.

(10) A local authority must provide a copy of the regulations without charge to any person following a request.

(11) In the case where an allotment site is leased by a local authority, the regulations are subject to any provision of such a lease which is contrary to, or otherwise inconsistent with, the regulations.

Disposal etc. of allotment sites owned by local authority

117

(1) This section applies where a local authority owns an allotment site.

(2) A local authority may not dispose of the whole or part of the allotment site or change the use of the whole or part of the allotment site without the consent of the Scottish Ministers.

(3) Before deciding whether to grant consent, the Scottish Ministers must—

(a) seek the views of the local authority on the proposed decision, and

(b) consult such other persons appearing to them to have an interest in the proposed disposal or change of use.

(4) The Scottish Ministers may make the granting of consent subject to such conditions as they think fit.

(5) The Scottish Ministers may not grant consent unless they are satisfied that—

(a) the tenant of each allotment on the whole or part of the allotment site is to be offered a lease of another allotment of an area the same as or similar to that of the tenant's allotment––

(i) on the allotment site, or

(ii) in the area of the local authority within a reasonable distance of the allotment site, or

(b) the provision of another allotment for the tenant is unnecessary or not reasonably practicable.

(6) Any transfer of ownership of the whole or part of the allotment site, and any deed purporting to transfer such ownership, without the consent of the Scottish Ministers is of no effect.

Disposal etc. of allotment sites leased by local authority

118

(1) This section applies where a local authority leases an allotment site.

(2) A local authority may not renounce its lease of the whole or part of the allotment site without the consent of the Scottish Ministers.

(3) In the case where a change of use of the whole or part of the allotment site proposed by the local authority is permitted by the lease, the local authority may not change the use of the allotment site without the consent of the Scottish Ministers.

(4) Before deciding whether to grant consent mentioned in subsection (2) or (3), the Scottish Ministers must—

(a) seek the views of the local authority on the proposed decision, and

(b) consult with such other persons appearing to them to have an interest in the proposed renunciation or change of use.

(5) The Scottish Ministers may make the granting of consent mentioned in subsection (2) or (3) subject to such conditions as they think fit.

(6) The Scottish Ministers may not grant consent mentioned in subsection (2) or (3) unless they are satisfied that—

(a) the tenant of each allotment on the whole or part of the allotment site is to be offered a lease of another allotment of an area the same as or similar to that of the tenant's allotment––

(i) on the allotment site, or

(ii) in the area of the local authority within a reasonable distance of the allotment site, or

(b) the provision of another allotment for the tenant is unnecessary or not reasonably practicable.

(7) Any renunciation of the local authority's lease of the whole or part of the allotment site, and any deed purporting to renounce the lease, without the consent of the Scottish Ministers is of no effect.

Duty to prepare food-growing strategy

119

(1) Each local authority must prepare a food-growing strategy for its area.

(2) A local authority must publish the food-growing strategy before the expiry of the period of two years beginning with the day on which this section comes into force.

(3) A food-growing strategy is a document—

(a) identifying land in its area that the local authority considers may be used as allotment sites,

(b) identifying other areas of land in its area that could be used by a community for the cultivation of vegetables, fruit, herbs or flowers,

(c) describing how, where the authority is required to take reasonable steps under section 112(1), the authority intends to increase the provision in its area of—

(i) allotments, or

(ii) other areas of land for use by a community for the cultivation of vegetables, fruit, herbs or flowers, and

(d) containing such other information as may be prescribed.

(4) The description required by paragraph (c) of subsection (3) must in particular describe whether and how the authority intends to increase the provision of the types of land mentioned in paragraph (a) or (b) of that subsection in communities which experience socio-economic disadvantage.

(5) The authority must publish the food-growing strategy on a website or by other electronic means.

Duty to review food-growing strategy

120

(1) Each local authority must review its food-growing strategy before the end of—

(a) the period of 5 years beginning with the day on which the strategy is first published under section 119(2), and

(b) each subsequent period of 5 years.

(2) If, following a review under subsection (1), the authority decides that changes to its food-growing strategy are necessary or desirable, the authority must publish a revised food-growing strategy on a website or by other electronic means.

Annual allotments report

121

(1) As soon as reasonably practicable after the end of each reporting year, each local authority must prepare and publish an annual allotments report for its area.

(2) An annual allotments report is a report setting out in respect of the reporting year to which it relates—

(a) the location and size of each allotment site,

(b) the number of allotments on each allotment site,

(c) where the whole of an allotment site is leased from the authority by one person, the proportion of land on the allotment site (excluding any land falling within paragraph (b) of the definition of “allotment site” in section 108) that is not subleased from the tenant of the allotment site,

(d) where allotments on an allotment site are leased from the authority by more than one person, the proportion of land on the allotment site (excluding any land falling within paragraph (b) of the definition of “allotment site” in section 108) that is not leased from the authority,

(e) where an allotment site is leased by the local authority—

(i) the period of the lease of each allotment site, and

(ii) the rent payable under the lease by the authority,

(f) the period of any lease between the authority and the tenant of an allotment site,

(g) the rent payable under any lease between the authority and the tenant of an allotment site,

(h) the rent payable for each allotment in the area of the authority,

(i) how, in the opinion of the authority, such rents are decided by reference to the method of determining fair rent provided for in regulations under section 115(1),

(j) the number of persons entered in the list maintained under section 111(1) on the final day of the reporting year to which the report relates,

(k) the number of persons mentioned in paragraph (j) who, on the final day of the reporting year to which the report relates, have been entered in the list mentioned in that paragraph for a continuous period of more than 5 years,

(l) the steps taken by the authority to comply with the duty imposed by section 112(1),

(m) reasons for any failure to comply with that duty,

(n) the number of allotments on each allotment site that are accessible by a disabled person,

(o) the number of allotments on each allotment site adjusted by the authority during the reporting year to meet the needs of a tenant who is a disabled person,

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