The Community Empowerment (Scotland) Act 2015 (Commencement No. 4 and Transitory Provision) Order 2016

Made: 8th November 2016

Laid before the Scottish Parliament: 10th November 2016

Coming into force: 20th December 2016

The Scottish Ministers make the following Order in in exercise of the powers conferred by section 145(2) and (3) of the Community Empowerment (Scotland) Act 2015[^f00001] and all other powers enabling them to do so.

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Community Empowerment (Scotland) Act 2015 (Commencement No. 4 and Transitory Provision) Order 2016 and comes into force on 20th December 2016.

• (2) In this Order “the Act” means the Community Empowerment (Scotland) Act 2015.

Appointed days

2

The day appointed for the coming into force, insofar as not already in force, of Part 2 and schedule 1 of the Act (community planning) is 20th December 2016.

3

The day appointed for the coming into force of the following provisions of the Act, insofar as not already in force, is 23rd January 2017:—

• (a) section 19 (participation requests: meaning of “community-controlled body”);

• (b) Part 5 and schedule 3 (asset transfer requests); and

• (c) Part 6 (delegation of Forestry Commissioners’ functions).

Transitory provision

4

For the purposes of section 95 of the Act the asset transfer report to be published no later than 30th June 2018 must also set out the information described in section 95(2) in respect of the period beginning on 23rd January 2017 and ending on 31st March 2018.

Signed

KEVIN STEWART — Authorised to sign by the Scottish Ministers — 8th November 2016

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force certain provisions of the Community Empowerment (Scotland) Act 2015 (“the Act”).

Article 2 brings Part 2 (community planning) and schedule 1 (community planning partners) of the Act into force on 20th December 2016, insofar as not already in force.

Article 3 brings the following provisions of the Act into force on 23rd January 2017:—

• section 19 (participation requests: meaning of “community controlled body”);

• Part 5 (asset transfer requests) insofar as not already in force;

• schedule 3 (relevant bodies for the purposes of Part 5);

• Part 6 (delegation of Forestry Commissioners’ functions: amendment of the Forestry Act 1967).

Article 4 contains a transitory provision with regard to the information to be set out in the first asset transfer report.

The Bill for the Act received Royal Assent on 24th July 2015. Sections 141 to 143, 145 and 146 came into force the following day.

Footnotes

[^f00001]: 2015 asp 6.