Community Empowerment (Scotland) Act 2015

Asset Transfer Request Form

Important Notes

You do not need to use this form to make an asset transfer request, but using the form will help you to make sure you include all the required information.

You should read the asset transfer guidance provided by the Scottish Government before making a request:

http://www.gov.scot/Topics/People/engage/AssetTransfer

You are strongly advised to contact the Council’s Estates Team to discuss your proposals before submitting an asset transfer request:

Estates, Corporate Services, Council Offices, School Place, Kirkwall KW15 1NY.

E-mail: property@orkney.gov.uk

Telephone: 01856873535 extension 2731 or 2303.

When completed, this form must be sent to Orkney Islands Council using one of the methods below:

By Email:

property@orkney.gov.uk

By Post:

Estates Manager, Corporate Services, Council Offices, School Place, Kirkwall, KW15 1NY.

IMAGE: The page displays the Orkney Islands Council crest above the title “Community Empowerment (Scotland) Act 2015” and the subtitle “Asset Transfer Request Form”. It also contains the important notes, the Scottish Government guidance URL, and the Estates Team contact and submission details transcribed above.

This is an asset transfer request made under Part 5 of the Community Empowerment (Scotland) Act 2015.

Section 1: Information about the Community Transfer Body (CTB) making the request

1.1. Name of the CTB making the asset transfer request.

1.2. CTB address. This should be the registered address, if you have one.

1.3. Contact details. Please provide the name and contact address to which correspondence in relation to this asset transfer request should be sent.

☐ We agree that correspondence in relation to this asset transfer request may be sent by email to the email address given above. (Please tick to indicate agreement).

You can ask the Council to stop sending correspondence by email, or change the email address, by telling us at any time, as long as 5 working days’ notice is given.

IMAGE: The page contains the introductory statement for the asset transfer request and Section 1, followed by blank fields for the CTB’s name, registered postal address, contact details, and agreement to receive correspondence by email. The wording is transcribed above.

1.4. Please mark an “X” in the relevant box to confirm the type of CTB and its official number, if it has one.

Please attach a copy of the CTB’s constitution, articles of association or registered rules.

1.5. Has the organisation been individually designated as a community transfer body by the Scottish Ministers?

• No ☐
• Yes ☐

If yes, please give the title and date of the designation order:

1.6. Does the organisation fall within a class of bodies which has been designated as community transfer bodies by the Scottish Ministers?

• No ☐
• Yes ☐

If yes what class of bodies does it fall within?

IMAGE: The page contains the CTB classification table with options for a company, SCIO, Community Benefit Society (BenCom), or unincorporated organisation. It also contains yes-or-no checkboxes and blank fields for individual designation, the designation order, and the relevant class of bodies. The wording is transcribed above.

Section 2: Information about the land and rights requested

2.1. Please identify the land to which this asset transfer request relates.

You should provide a street address or grid reference and any name by which the land or building is known. If you have identified the land on the Council’s register of land and property, please enter the details listed there.

It may be helpful to provide one or more maps or drawings to show the boundaries of the land requested. If you are requesting part of a piece of land, you must attach a map and full description of the boundaries of the area to which your request relates.

If you are requesting part of a building, please make clear what area you require. A drawing will be helpful.

2.2. Please provide the UPRN (Unique Property Reference Number), if known. This can be found on the Council’s register of land and property.

UPRN:

Type of request, payment and conditions.

2.3. Please tick what type of request is being made:

• ☐ For ownership (under section 79(2)(a)) - go to section 3A.
• ☐ For lease (under section 79(2)(b)(i)) - go to section 3B.
• ☐ For other rights (section 79(2)(b)(ii)) - go to section 3C.

3A - Request for ownership

What price are you prepared to pay for the land or property requested?:

Please attach a note setting out any other terms and conditions you wish to apply to the request.

3B - Request for lease

What is the length of lease you are requesting?

How much rent are you prepared to pay? Please make clear whether this is per year or per month.

Please attach a note setting out any other terms and conditions you wish to be included in the lease, or to apply to the request in any other way.

3C - Request for other rights

What are the rights you are requesting?

Do you propose to make any payment for these rights?

• Yes ☐
• No ☐

If yes, how much are you prepared to pay? Please make clear what period this would cover, for example per week, per month, per day?

Please attach a note setting out any other terms and conditions you wish to apply to the request.

IMAGE: The page contains the three request types: ownership, lease, and other rights. It provides blank fields for the proposed price, lease length, proposed rent and payment period, requested rights, whether payment will be made, and proposed payment and period. The wording is transcribed above.

Section 3

Community Proposal

3.1. Please set out the reasons for making the request and how the land or building will be used.

This should explain the objectives of your project, why there is a need for it, any development or changes you plan to make to the land or building, and any activities that will take place there.

Benefits of the proposal

3.2. Please set out the benefits that you consider will arise if the request is agreed by the Council.

This section should explain how the project will benefit your community, and others.

Restrictions on use of the land

3.3. If there are any restrictions on the use or development of the land, please explain how your project will comply with these.

Restrictions might include, amongst others, environmental designations such as a Site of Special Scientific Interest (SSI), heritage designations such as listed building status, controls on contaminated land or planning restrictions.

Negative consequences

3.4. What negative consequences (if any) may occur if your request is agreed to? How would you propose to minimise these?

You should consider any potential negative consequences for the local economy, environment, or any group of people, and explain how you could reduce these.

Capacity to deliver

3.5. Please show how your organisation will be able to manage the project and achieve your objectives.

This could include the skills and experience of members of the organisation, any track record of previous projects, whether you intend to use professional advisers.

Section 4

Level and nature of support

4.1. Please provide details of the level and nature of support for the request, from your community and, if relevant, from others.

This could include information on the proportion of your community who are involved with the request, how you have engaged with your community beyond the members of your organisation and what their response has been. You should also show how you have engaged with any other communities that may be affected by your proposals.

Section 5

Funding

5.1. Please outline how you propose to fund the price or rent you are prepared to pay for the land, and your proposed use of the land.

You should show your calculations of the costs associated with the transfer of the land or building and your future use of it, including any redevelopment, ongoing maintenance and the costs of your activities. All proposed income and investment should be identified, including volunteering and donations. If you intend to apply for grants or loans you should demonstrate that your proposals are eligible for the relevant scheme, according to the guidance available for applicants.

Signature

Two office-bearers (board members, charity trustees or committee members) of the community transfer body must sign the form. They must provide their full names and home addresses for the purposes of prevention and detection of fraud.

This form and supporting documents will be made available online for any interested person to read and comment on. Personal information will be redacted before the form is published.

We, the undersigned on behalf of the Community Transfer Body as noted at Section 1, make an asset transfer request as specified in this form.

We declare that the information provided in this form and any accompanying documents is accurate to the best of our knowledge.

First office-bearer

Second office-bearer

IMAGE: The page contains the “Signature” heading, instructions requiring two office-bearers to sign, the declaration text, and two blank signature tables with fields for name, address, date, position, and signature. The wording is transcribed above.

Checklist of accompanying documents

To check that nothing is missed, please list any documents which you are submitting to accompany this form.

Section 1

You must attach your organisation’s constitution, articles of association or registered rules.

Section 2

Any maps, drawings or description of the land requested.

Section 3

Note of any terms and conditions that are to apply to the request.

Section 4

About your proposals, their benefits, any restrictions on the land or potential negative consequences and your organisation’s capacity to deliver.

Section 5

Evidence of community support.

Section 6

Funding.

IMAGE: The page contains the “Checklist of accompanying documents” heading and blank fields for documents attached under Sections 1 through 6. Section 1 requests the organisation’s constitution, articles of association or registered rules; Section 2 concerns maps, drawings or land descriptions; Section 3 concerns terms and conditions; Section 4 concerns proposals and delivery capacity; Section 5 concerns evidence of community support; and Section 6 concerns funding. The wording is transcribed above.