# Community Empowerment (Scotland) Act 2015

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# Community Empowerment (Scotland) Act 2015

# 2015 asp 6                     

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 17th June 2015 and received Royal Assent                        on 24th July 2015                     

An Act of the Scottish Parliament to make provision about national outcomes; to confer functions on certain persons in relation                        to services provided by, and assets of, certain public bodies; to amend Parts 2 and 3 of the Land Reform (Scotland) Act 2003;                        to enable certain bodies to buy abandoned, neglected or detrimental land; to amend section 7C of the Forestry Act 1967; to                        enable the Scottish Ministers to make provision about supporters' involvement in and ownership of football clubs; to make                        provision for registers of common good property and about disposal and use of such property; to restate and amend the law                        on allotments; to enable participation in decision-making by specified persons having public functions; to enable local authorities                        to reduce or remit non-domestic rates; and for connected purposes.                     

## **PART 1**SNATIONAL OUTCOMES

### 1National outcomesS

(1)The Scottish Ministers must determine outcomes for Scotland (referred to in this Part as “the national outcomes”) that result from, or are contributed to by, the carrying out, by the persons mentioned in subsection (2), of the functions                        mentioned in subsection (3).                  

(2)The persons are—                  

(a)a cross-border public authority,                  

(b)any other Scottish public authority,                  

(c)any other person carrying out functions of a public nature.                  

(3)The functions are—                  

(a)in the case of a cross-border public authority, any function that is exercisable in or as regards Scotland and does not relate                        to reserved matters,                  

(b)in the case of any other Scottish public authority, any function that does not relate to reserved matters,                  

(c)in the case of any other person carrying out functions of a public nature, any such function that is exercisable in or as                        regards Scotland and does not relate to reserved matters.                  

(4)In determining the national outcomes, the Scottish Ministers must have regard to the reduction of inequalities of outcome                        which result from socio-economic disadvantage.                  

(5)Before determining the national outcomes, the Scottish Ministers must––                  

(a)consult—                  

(i)such persons who appear to them to represent the interests of communities in Scotland, and                  

(ii)such other persons as they consider appropriate,                  

(b)having consulted the persons mentioned in paragraph (a), prepare draft national outcomes, and                  

(c)consult the Scottish Parliament on the draft national outcomes during the consultation period.                  

(6)In consulting the Scottish Parliament under paragraph (c) of subsection (5), the Scottish Ministers must also lay before the                        Parliament a document describing—                  

(a)the consultation carried out under paragraph (a) of that subsection,                  

(b)any representations received in response to that consultation, and                  

(c)whether and if so how those representations have been taken account of in preparing the draft national outcomes.                  

(7)The Scottish Ministers must, no earlier than the expiry of the consultation period, publish the national outcomes.                  

(8)In subsections (5) and (7), “consultation period” means the period of 40 days beginning with the day on which the consultation mentioned in subsection (5)(c) commences; and                        in calculating the period of 40 days, no account is to be taken of any time during which the Scottish Parliament is dissolved                        or in recess for more than 4 days.                  

(9)The persons mentioned in subsection (2) must have regard to the national outcomes in carrying out the functions mentioned                        in subsection (3).                  

(10)Nothing in subsection (9) requires the Scottish Parliament or the Scottish Parliamentary Corporate Body to have regard to                        the national outcomes in carrying out any of their functions.                  

(11)In this section—                  
          -  “community” includes any community based on common interest, identity or geography,                         
          -  “cross-border public authority” has the meaning given by section 88(5) of the Scotland Act 1998,                         
          -  “reserved matters” is to be construed in accordance with that Act.                         

### 2Review of national outcomesS

(1)The Scottish Ministers may review the national outcomes at any time (but subject to subsections (2) and (3)).                  

(2)The Scottish Ministers must begin a review of the national outcomes before the expiry of the period of 5 years beginning with                        the date on which the national outcomes were published under section 1(7).                  

(3)The Scottish Ministers must begin further reviews of the national outcomes before the expiry of each 5 year period.                  

(4)In carrying out a review of the national outcomes under subsection (1), (2) or (3), the Scottish Ministers must consult—                  

(a)such persons who appear to them to represent the interests of communities in Scotland, and                  

(b)such other persons as they consider appropriate.                  

(5)Following a review, the Scottish Ministers—                  

(a)may propose revisions to the national outcomes,                  

(b)must—                  

(i)where they propose to make revisions to the national outcomes, consult the Scottish Parliament on the proposed revisions during                        the consultation period,                  

(ii)where they do not propose to make revisions to the national outcomes, consult the Scottish Parliament during the consultation                        period on the national outcomes as most recently published under section 1(7) or paragraph (d)(i) or republished under paragraph                        (d)(ii),                  

(c)may revise the national outcomes after the expiry of the consultation period, and                  

(d)must—                  

(i)where the national outcomes are revised, publish the outcomes as revised,                  

(ii)where the national outcomes are not revised, republish the outcomes after the expiry of the consultation period.                  

(6)In consulting the Scottish Parliament under subsection (5)(b), the Scottish Ministers must also lay before the Parliament                        a document describing—                  

(a)the consultation carried out under subsection (4),                  

(b)any representations received in response to that consultation, and                  

(c)where they propose to make revisions to the national outcomes, whether and if so how those representations have been taken                        account of in preparing the proposed revisions.                  

(7)References to the national outcomes in section 1(9) and in section 3 include references to the national outcomes revised under                        subsection (5)(c) of this section.                  

(8)In subsection (3), “5 year period” means the period of 5 years beginning with the date on which the national outcomes were published under sub-paragraph (i)                        of paragraph (d) of subsection (5) or, as the case may be, republished under sub-paragraph (ii) of that paragraph.                  

(9)In subsection (4), “community” includes any community based on common interest, identity or geography.                  

(10)In subsection (5), “consultation period” means the period of 40 days beginning with the day on which the consultation mentioned in subsection (5)(b)(i) or (ii) commences;                        and in calculating the period of 40 days, no account is to be taken of any time during which the Scottish Parliament is dissolved                        or in recess for more than 4 days.                  

### 3ReportsS

(1)The Scottish Ministers must prepare and publish reports about the extent to which the national outcomes have been achieved.                  

(2)The Scottish Ministers must include in reports published under subsection (1) information about any change in the extent to                        which the national outcomes have been achieved since the publication of the previous report under that subsection.                  

(3)Reports must be prepared and published at such times as the Scottish Ministers consider appropriate.                  

## **PART 2**SCOMMUNITY PLANNING

### 4Community planningS

### 5Socio-economic inequalitiesS

### 6Local outcomes improvement planS

### 7Local outcomes improvement plan: reviewS

### 8Local outcomes improvement plan: progress reportS

### 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 10Locality planS

### 11Locality plan: reviewS

### 12Locality plan: progress reportS

### 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 14Community planning partners: dutiesS

### 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 16Duty to promote community planningS

### 17Establishment of corporate bodiesS

### 18Interpretation of Part 2S

## **PART 3**SPARTICIPATION REQUESTS

### Key definitionsS

#### 19Meaning of “community-controlled body”S

#### 20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Participation requestsS

#### 22Participation requestsS

#### 23RegulationsS

### Decisions about participation requestsS

#### 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 25Decision notice: information about outcome improvement processS

#### 26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 27Power to decline certain participation requestsS

### Outcome improvement processesS

#### 28Duty to establish and maintain outcome improvement processS

#### 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

Prospective

### Appeals and reviewsS

#### 30Regulations: appeals and reviewsS

### ReportingS

#### 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 32Annual reportsS

#### 33Ministerial reportS

### GuidanceS

#### 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Interpretation of Part 3S

#### 35Interpretation of Part 3S

## **PART 4**SCOMMUNITY RIGHTS TO BUY LAND

### Modifications of Part 2 of Land Reform (Scotland) Act 2003S

#### 36Nature of land in which community interest may be registeredS

#### 37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 38Modification of memorandum, articles, constitution or registered rulesS

#### 39Register of Community Interests in LandS

#### 40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 41Criteria for registration of interest in landS

#### 42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 43Evidence and notification of concluded missives or option agreementsS

#### 44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 45Notice of expiry of registrationS

#### 46Changes to information relating to registered interestsS

#### 47Notification under section 50 of 2003 ActS

#### 48Approval of members of community to buy landS

#### 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 51Representations etc. regarding circumstances affecting ballot resultS

#### 52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 53Period in which ballot results and valuations are to be notifiedS

#### 54Exercise of right to buy: date of entry and payment of priceS

#### 55Notification of application under section 57 of the 2003 ActS

#### 56Valuation: views on representations and time limitS

#### 57Expenses of valuation of landS

#### 58Creditors in standard security with right to sell land: appealsS

#### 59Appeals to Lands Tribunal as respects valuations of landS

#### 60Calculation of time periods in Part 2 of 2003 ActS

#### 61Duty to provide information about community right to buyS

### Modifications of Part 3 of Land Reform (Scotland) Act 2003S

#### 62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 65Criteria for consent by MinistersS

#### 66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 67Application by more than one crofting community bodyS

#### 68Reference to Land Court of questions on applicationsS

#### 69Valuation: views on representations and time limitS

#### 70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 71Land Court: reasons for decision under section 92S

#### 72Register of Crofting Community Rights to BuyS

#### 73Meaning of creditor in standard security with right to sellS

### Abandoned, neglected and detrimental landS

#### 74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### MediationS

#### 75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Meaning of “the 2003 Act”S

#### 76Meaning of “the 2003 Act” in Part 4S

## **PART 5**SASSET TRANSFER REQUESTS

### Key definitionsS

#### 77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### RequestsS

#### 79Asset transfer requestsS

#### 80Community transfer bodies that may request transfer of ownership of landS

#### 81Asset transfer requests: regulationsS

### DecisionsS

#### 82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Prohibition on disposal of landS

#### 84Prohibition on disposal of landS

### Appeals and reviewsS

#### 85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 88Appeals from reviews under section 86S

#### 89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 91Effect of offers on appeals and reviewsS

### Disapplication of certain lease restrictionsS

#### 92Disapplication of restrictions in lease of land to relevant authorityS

### Power to decline subsequent requestsS

#### 93Power to decline certain asset transfer requestsS

### Registers of relevant authorities' landS

#### 94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Annual reportsS

#### 95Annual reportsS

### GuidanceS

#### 96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Interpretation of Part 5S

#### 97Interpretation of Part 5S

## **PART 6**SDELEGATION OF FORESTRY COMMISSIONERS' FUNCTIONS

### 98Meaning of “community body” in Forestry Act 1967S

(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 ”,                  

(c)after paragraph (d) insert—                  

“(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.                  

Prospective

## **PART 7**SFOOTBALL CLUBS

### 99Facilitation of supporter involvement in football clubsS

(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.                     

### 100Supporter involvement in decision-makingS

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,                     

(c)the provision of information to supporters about the football club, including details about—                     

(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.                     

### 101Supporter ownershipS

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,                     

(c)the valuation of anything mentioned in paragraph (b),                     

(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**SCOMMON GOOD PROPERTY

### RegistersS

#### 102Common good registersS

#### 103Guidance about common good registersS

### Disposal and useS

#### 104Disposal and use of common good property: consultationS

#### 105Disposal etc. of common good property: guidanceS

### Interpretation of Part 8S

#### 106Interpretation of Part 8S

## **PART 9**SALLOTMENTS

### Key definitionsS

#### 107Meaning of “allotment”S

#### 108Meaning of “allotment site”S

### Request and offer to lease allotmentS

#### 109Request to lease allotmentS

#### 110Offer to lease allotmentS

### Local authority functionsS

#### 111Duty to maintain listS

#### 112Duty to provide allotmentsS

#### 113Duty of tenant of allotment site to grant subleaseS

#### 114Access to allotment and allotment siteS

#### 115Allotment site regulationsS

#### 116Allotment site regulations: further provisionS

#### 117Disposal etc. of allotment sites owned by local authorityS

#### 118Disposal etc. of allotment sites leased by local authorityS

#### 119Duty to prepare food-growing strategyS

#### 120Duty to review food-growing strategyS

#### 121Annual allotments reportS

#### 122Power to remove unauthorised buildings from allotment sitesS

#### 123Delegation of management of allotment sitesS

#### 124Promotion and use of allotments: expenditureS

#### 125Use of local authority and other premises for meetingsS

### Termination of leaseS

#### 126Termination of lease of allotment or allotment siteS

#### 127Resumption of allotment or allotment site by local authorityS

### Notice of termination: subleaseS

#### 128Notice of termination: sublease by local authorityS

#### 129Notice of termination: sublease by allotment association etc.S

### Prohibition against assignation or sublettingS

#### 130Prohibition against assignation or sublettingS

### Tenants' rightsS

#### 131Sale of surplus produceS

#### 132Removal of items from allotment by tenantS

### CompensationS

#### 133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 136Set-off of compensation etc.S

### GuidanceS

#### 137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Interpretation of Part 9S

#### 138Interpretation of Part 9S

## **PART 10**SPARTICIPATION IN PUBLIC DECISION-MAKING

### 139Participation in decisions of certain persons exercising public functionsS

(1)The Scottish Ministers may by regulations make provision for or in connection with the purpose mentioned in subsection (2).                  

(2)The purpose is promoting or facilitating participation in relation to decisions of such persons as may be specified (in this                        section, “relevant persons”) relating to activities carried out, or proposed to be carried out, by or on behalf of those persons.                  

(3)Regulations under subsection (1) may enable relevant persons to determine—                  

(a)the persons whose participation in relation to such decisions is to be promoted or facilitated, and                  

(b)which of those decisions persons so determined may participate in relation to.                  

(4)Regulations under subsection (1) may provide that activities as mentioned in subsection (2) include the allocation of—                  

(a)financial resources, and                  

(b)such other resources as may be specified.                  

(5)Regulations under subsection (1) may, in particular, include provision—                  

(a)(without prejudice to subsection (3)), conferring functions on relevant persons,                  

(b)specifying activities as mentioned in subsection (2) in relation to which the regulations apply, or do not apply,                  

(c)specifying classes of such activities in relation to which the regulations apply, or do not apply,                  

(d)specifying criteria for determining such activities in relation to which the regulations apply, or do not apply,                  

(e)requiring relevant persons to prepare and publish a report, at such intervals as may be specified, describing the steps taken                        by the persons in connection with the carrying out of functions conferred on them by the regulations.                  

(6)Relevant persons must have regard to any guidance issued by the Scottish Ministers relating to functions conferred on them                        by regulations under subsection (1).                  

(7)Regulations under subsection (1) may specify a person in relation to whose decisions participation is to be promoted or facilitated                        only if the person is—                  

(a)a part of the Scottish Administration, or                  

(b)a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998).                  

(8)In this section, “specified” means specified in regulations made under subsection (1).                  

## **PART 11**SNON-DOMESTIC RATES

### 140Schemes for reduction and remission of non-domestic ratesS

(1)After section 3 of the Local Government (Financial Provisions etc.) (Scotland) Act 1962, insert—                  

#### “3ASchemes for reduction and remission of rates

(1)This section applies in relation to rates leviable for the year 2015-16 and any subsequent year.                  

(2)A rating authority may, in accordance with a scheme made by it for the purposes of this section, reduce or remit any rate                           leviable by it in respect of lands and heritages.                  

(3)Any reduction or remission under subsection (2) ceases to have effect at such time as may be determined by the rating authority.                  

(4)A scheme under subsection (2) may make provision for the rate to be reduced or remitted by reference to—                  

(a)such categories of lands and heritages as may be specified in the scheme,                  

(b)such areas as may be so specified,                  

(c)such activities as may be so specified,                  

(d)such other matters as may be so specified.                  

(5)Any reduction or remission under subsection (2) ceases to have effect on a change in the occupation of the lands and heritages                           in respect of which it was granted.                  

(6)Before exercising the power conferred by subsection (2), or amending a scheme made under that subsection, the rating authority                           must have regard to the authority's expenditure and income and the interests of persons liable to pay council tax set by the                           authority.”.                  

(2)In Schedule 12 to the Local Government Finance Act 1992 (payments to local authorities by the Scottish Ministers), in paragraph                        10(3)(a)—                  

(a)in sub-paragraph (iii), after “Provisions” insert “ etc. ”, and                  

(b)after that sub-paragraph insert—                  

“(iiia)section 3A (schemes for reduction and remission of rates) of that Act;”.                  

(3)In paragraph 2 of Schedule 1 (rules for the calculation of non-domestic rating contributions) to the Non-Domestic Rating Contributions                        (Scotland) Regulations 1996 (S.I. 1996/3070), in sub-paragraph (c), after “section” insert “ 3A or ”.                  

(4)Paragraph 10(4) of Schedule 12 to the Local Government Finance Act 1992 does not apply in relation to the amendment made by                        subsection (3).                  

## **PART 12**SGENERAL

### 141Guidance under Parts 2, 3, 5, 8, 9 and 10: publicationS

### 142Subordinate legislationS

### 143Ancillary provisionS

### 144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 145CommencementS

### 146Short titleS

## SCHEDULE 1SCOMMUNITY PLANNING PARTNERS

 (introduced by section 4(1))

Prospective

### 

## SCHEDULE 2SPUBLIC SERVICE AUTHORITIES

 (introduced by section 21(1))

Prospective

### 

## SCHEDULE 3SRELEVANT AUTHORITIES

 (introduced by section 78(1))

Prospective

### 

## SCHEDULE 4SMINOR AND CONSEQUENTIAL AMENDMENTS

 (introduced by section 144(1))

### Small Landholders (Scotland) Act 1911S

1SIn section 26 of the Small Landholders (Scotland) Act 1911 (supplementary provisions and restrictions), in subsection (3)(e),                        for “the Allotments (Scotland) Act, 1892, or the Local Government (Scotland) Act, 1894”, substitute “ Part 9 of the Community Empowerment (Scotland) Act 2015 ”.

### Compensation (Defence) Act 1939S

2SIn section 18 of the Compensation (Defence) Act 1939 (application to Scotland and Northern Ireland), in subsection (1), for                        “the Allotments Act, 1922 shall be construed as a reference to the Allotments (Scotland) Act, 1922”, substitute “ allotment gardens within the meaning of the Allotments Act, 1922 is omitted ”.

### Agriculture (Scotland) Act 1948S

3(1)Section 86 of the Agriculture (Scotland) Act 1948 is amended as follows.S

(2)In the proviso to subsection (1), in paragraph (a), for “allotment gardens”, substitute “ allotments ”.

(3)In subsection (3), for the definition of “allotment garden”, substitute—

““allotment” has the meaning given by section 107 of the Community Empowerment (Scotland) Act 2015;”.                  

### Opencast Coal Act 1958S

4(1)The Opencast Coal Act 1958 is amended as follows.S

(2)In section 41 (provisions as to allotment gardens and other allotments), in subsection (3), for the words from “the”, where                        it third occurs, to the end, substitute “ section 107 of the Community Empowerment (Scotland) Act 2015 ”.

(3)In the Eighth Schedule (tenancies of allotment gardens and other allotments), in paragraph 10—

(a)for sub-paragraph (a), substitute—

“(a)paragraph 1 applies as if sub-paragraph (2) were omitted;”,                  

(b)for sub-paragraph (b), substitute—

“(b)sub-paragraph (1) of paragraph 3 applies as if for “the Act of 1908 or the Act of 1922 or the Allotments Act, 1950, or by                           virtue of any other enactment relating to allotments” there were substituted “ Part 9 of the Community Empowerment (Scotland) Act 2015 ”;”,                  

(c)for sub-paragraph (c), substitute—

“(c)sub-paragraph (2) of paragraph 3 applies as if—                  

(i)for “any of the enactments mentioned in the next following sub-paragraph” there were substituted “ Part 9 of the Community Empowerment (Scotland) Act 2015 (but excluding any compensation for disturbance) ”,                  

(ii)“garden” were omitted, and                  

(iii)for “subsection (2) of section two of the Act of 1922” there were substituted “section 127(2) of the Community Empowerment                           (Scotland) Act 2015;”,                  

(d)in sub-paragraph (e), for the words from “for” to the end, substitute “ any reference to the Allotments Act, 1950 is to be read as a reference to Part 9 of the Community Empowerment (Scotland)                           Act 2015 ”, and

(e)for sub-paragraph (f), substitute—

“(f)sub-paragraph (1) of paragraph 5 applies as if for “section four or section five of the Act of 1922, or of subsection (4)                           of section forty-seven of the Act of 1908” there were substituted “ section 132 of the Community Empowerment (Scotland) Act 2015 ”;”.                  

### Local Government (Scotland) Act 1973S

5S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

### Local Government Act 1992S

6SIn section 1 of the Local Government Act 1992 (publication of information as to standards of performance), in subsection (1)(b),                        for the words “Part 2 (community planning) of the Local Government in Scotland Act 2003 (asp 1)”, substitute “ Part 2 (community planning) of the Community Empowerment (Scotland) Act 2015 ”.

### Local Government in Scotland Act 2003S

7SIn section 57 of the Local Government in Scotland Act 2003 (power to modify enactments), in subsection (2)(a), for “, 13(1)                        or 15(1)”, substitute “ or 13(1) ”.

### Land Reform (Scotland) Act 2003S

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

### Fire (Scotland) Act 2005S

9SIn the Fire (Scotland) Act 2005—

(a)in section 41E (local fire and rescue plans), in subsection (6), for “Local Government in Scotland Act 2003 (asp 1)”, substitute                        “ Community Empowerment (Scotland) Act 2015 ”, and

(b)in section 41J (Local Senior Officers), in subsection (2)(c), for “section 16(1)(d) of the Local Government in Scotland 2003                        (asp 1) (duty to participate in community planning)”, substitute “ Part 2 of the Community Empowerment (Scotland) Act 2015 (community planning) ”.

### Schools (Consultation) (Scotland) Act 2010S

10SIn the Schools (Consultation) (Scotland) Act 2010, in schedule 2 (relevant consultees)—

(a)for sub-paragraph (h) of each of paragraphs 1, 2, 3, 4 and 5, substitute—

“(h)the community planning partnership (within the meaning of section 4(5) of the Community Empowerment (Scotland) Act 2015) for                           the area of the local authority in which any affected school is situated,                  

(ha)any other community planning partnership that the education authority considers relevant,”, and                  

(b)for sub-paragraph (h) of paragraph 10, substitute—

“(h)the community planning partnership (within the meaning of section 4(5) of the Community Empowerment (Scotland) Act 2015) for                           the area of the local authority in which the further education centre is situated,”.                  

### Public Services Reform (Scotland) Act 2010S

11SIn section 115 of the Public Services Reform (Scotland) Act 2010 (joint inspections), in subsection (12), for the words from                        “means” to the end of the subsection, substitute “ is to be construed in accordance with section 7 of the Children and Young People (Scotland) Act 2014. ”.

### Police and Fire Reform (Scotland) Act 2012S

12SIn the Police and Fire Reform (Scotland) Act 2012—

(a)in section 46 (duty to participate in community planning), in subsection (2), for “section 16(1)(e) of the Local Government                        in Scotland Act 2003”, substitute “ Part 2 of the Community Empowerment (Scotland) Act 2015 ”, and

(b)in section 47 (local police plans), in subsection (11), for “Local Government in Scotland Act 2003 (asp 1)”, substitute “ Community Empowerment (Scotland) Act 2015 ”.

## SCHEDULE 5SREPEALS

 (introduced by section 144(2))