Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

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

Reform history JSON API

PART 1 — NATIONAL OUTCOMES

National outcomes

1

(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,

(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

(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

(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.

Review of national outcomes

2

(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),

(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.

Reports

3

(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 — COMMUNITY PLANNING

Community planning

4

(1) Each local authority and the persons listed in schedule 1 must carry out planning for the area of the local authority for the purpose mentioned in subsection (2) (“community planning”).

(2) The purpose is improvement in the achievement of outcomes resulting from, or contributed to by, the provision of services delivered by or on behalf of the local authority or the persons listed in schedule 1.

(3) In carrying out community planning, the local authority and the persons listed in schedule 1 must—

(a) participate with each other, and

(b) participate with any community body (as mentioned in paragraph (c) of subsection (6)) in such a way as to enable that body to participate in community planning to the extent mentioned in that paragraph.

(4) Outcomes of the type mentioned in subsection (2) (“local outcomes”) must be consistent with the national outcomes determined under section 1(1) or revised under section 2(5)(c).

(5) In carrying out the functions conferred on them by this Part in relation to the area of a local authority—

(a) the local authority for the area and the persons listed in schedule 1 are collectively referred to in this Part as a “community planning partnership”, and

(b) the authority and each such person is referred to in this Part as a “community planning partner”.

(6) Each community planning partnership must—

(a) consider which community bodies are likely to be able to contribute to community planning having regard in particular to which of those bodies represent the interests of persons who experience inequalities of outcome which result from socio-economic disadvantage,

(b) make all reasonable efforts to secure the participation of those community bodies in community planning, and

(c) to the extent (if any) that those community bodies wish to participate in community planning, take such steps as are reasonable to enable the community bodies to participate in community planning to that extent.

(7) The Scottish Ministers may by regulations modify schedule 1 so as to—

(a) add a person or a description of person,

(b) remove an entry listed in it,

(8) Regulations under subsection (7) may provide that a person or a description of person listed in schedule 1 is to participate in community planning for a specific purpose.

(9) In this section, “community bodies”, in relation to a community planning partnership, 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 for which the community planning partnership is carrying out community planning.

Socio-economic inequalities

5

In carrying out functions conferred by this Part, a community planning partnership must act with a view to reducing inequalities of outcome which result from socio-economic disadvantage unless the partnership considers that it would be inappropriate to do so.

Local outcomes improvement plan

6

(1) Each community planning partnership must prepare and publish a local outcomes improvement plan.

(2) A local outcomes improvement plan is a plan setting out—

(a) local outcomes to which priority is to be given by the community planning partnership with a view to improving the achievement of the outcomes,

(b) a description of the proposed improvement in the achievement of the outcomes,

(d) a description of the needs and circumstances of persons residing in the area of the local authority to which the plan relates.

(3) In preparing a local outcomes improvement plan, a community planning partnership must consult—

(a) such community bodies as it considers appropriate, and

(b) such other persons as it considers appropriate.

(4) Before publishing a local outcomes improvement plan, the community planning partnership must take account of—

(a) any representations received by it by virtue of subsection (3), and

(b) the needs and circumstances of persons residing in the area of the local authority to which the plan relates.

Local outcomes improvement plan: review

7

(1) Each community planning partnership must keep under review the question of whether it is making progress in improving the achievement of each local outcome referred to in section 6(2)(a).

(2) Each community planning partnership—

(a) must from time to time review the local outcomes improvement plan published by it under section 6,

(b) may, following such a review, revise the plan.

(3) Subsections (3) and (4) of section 6 apply in relation to a local outcomes improvement plan revised under subsection (2)(b) as they apply in relation to a local outcomes improvement plan prepared and published under subsection (1) of that section (but subject to the modification in subsection (4)).

(4) The modification is that the reference in subsection (4)(a) of section 6 to representations received by virtue of subsection (3) of that section is to be read as if it were a reference to representations received by virtue of that subsection as applied by subsection (3) of this section.

(5) Where a community planning partnership revises a local outcomes improvement plan under subsection (2)(b), it must publish a revised plan.

(6) Subsection (2) applies in relation to a revised local outcomes improvement plan published under subsection (5) as it applies in relation to a local outcomes improvement plan published under section 6; and the duty in subsection (5) applies accordingly.

Local outcomes improvement plan: progress report

8

(1) Each community planning partnership must prepare and publish a local outcomes improvement plan progress report for each reporting year.

(2) A local outcomes improvement plan progress report is a report setting out––

(a) the community planning partnership's assessment of whether there has been any improvement in the achievement of each local outcome referred to in section 6(2)(a) during the reporting year, and

(b) the extent to which—

(i) the community planning partnership has participated with community bodies in carrying out its functions under this Part during the reporting year, and

(ii) that participation has been effective in enabling community bodies to contribute to community planning.

(3) In this section, “reporting year” means—

(a) a period of one year beginning on 1 April, or

(b) in relation to a particular community planning partnership, a period of one year beginning on such other date as may be specified in a direction given by the Scottish Ministers to the community planning partnership.

Localities: comparison of outcomes

9

(1) Each community planning partnership must, for the purposes of this Part, divide the area of the local authority into smaller areas.

(2) The smaller areas mentioned in subsection (1) (“localities”) must be of such type or description as may be specified by the Scottish Ministers by regulations.

(3) Having carried out the duty under subsection (1), the community planning partnership must identify each locality in which persons residing there experience significantly poorer outcomes which result from socio-economic disadvantage than—

(a) those experienced by persons residing in other localities within the area of the local authority, or

(b) those experienced generally by persons residing in Scotland.

(4) In carrying out the duty under subsection (3), a community planning partnership must take account of the needs and circumstances of persons residing in the area of the local authority.

(5) Regulations under subsection (2) may specify areas of a type or description subject to any conditions specified in the regulations.

(6) The Scottish Ministers may by regulations specify that localities within the area of a local authority must each be of the same type or description as may be specified in regulations under subsection (2).

(7) In this section, references to the area of a local authority mean, in relation to a community planning partnership, the area of the local authority for which the partnership is carrying out community planning.

Locality plan

10

(1) Each community planning partnership must prepare and publish a locality plan for each locality identified by it by virtue of section 9(3).

(2) A community planning partnership may prepare and publish a locality plan for any other locality within the area of the local authority for which it is carrying out community planning.

(3) A locality plan is a plan setting out for the purposes of the locality to which the plan relates—

(a) local outcomes to which priority is to be given by the community planning partnership with a view to improving the achievement of the outcomes in the locality,

(b) a description of the proposed improvement in the achievement of the outcomes, and

(4) In preparing a locality plan, a community planning partnership must consult—

(a) such community bodies as it considers appropriate, and

(b) such other persons as it considers appropriate.

(5) Before publishing a locality plan, the community planning partnership must take account of—

(a) any representations received by it by virtue of subsection (4), and

(b) the needs and circumstances of persons residing in the locality to which the plan relates.

Locality plan: review

11

(1) Each community planning partnership must keep under review the question of whether it is making progress in improving the achievement of each local outcome referred to in subsection (3)(a) of section 10 in relation to each locality for which it has published a locality plan under subsection (1) or (2) of that section.

(2) Each community planning partnership—

(a) must from time to time review each locality plan published by it under section 10,

(b) may, following such a review, revise such a plan.

(3) Subsections (4) and (5) of section 10 apply in relation to a locality plan revised under subsection (2)(b) as they apply in relation to a locality plan prepared and published under subsection (1) or (2) of that section (but subject to the modification in subsection (4)).

(4) The modification is that the reference in subsection (5)(a) of section 10 to representations received by virtue of subsection (4) of that section is to be read as if it were a reference to representations received by virtue of that subsection as applied by subsection (3) of this section.

(5) Where a community planning partnership revises a locality plan under subsection (2)(b), it must publish a revised plan.

(6) Subsection (2) applies in relation to a revised locality plan published under subsection (5) as it applies in relation to a locality plan published under section 10; and the duty in subsection (5) applies accordingly.

Locality plan: progress report

12

(1) Each community planning partnership must prepare and publish a locality plan progress report in relation to each locality plan published by it under section 10 for each reporting year.

(2) A locality plan progress report is a report setting out the community planning partnership's assessment of whether there has been any improvement in the achievement of each local outcome referred to in section 10(3)(a) during the reporting year.

(3) In this section, “reporting year” means—

(a) a period of one year beginning on 1 April, or

(b) in relation to a particular community planning partnership, a period of one year beginning on such other date as may be specified in a direction given by the Scottish Ministers to the community planning partnership.

Governance

13

(1) For the area of each local authority, each person mentioned in subsection (2) must—

(a) facilitate community planning,

(b) take reasonable steps to ensure that the community planning partnership carries out its functions under this Part efficiently and effectively.

(2) The persons are—

(a) the local authority,

(b) the Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978 whose area includes, or is the same as, the area of the local authority,

(c) Highlands and Islands Enterprise where the area within which, or in relation to which, it exercises functions in accordance with section 21(1) of the Enterprise and New Towns (Scotland) Act 1990 includes the whole or part of the area of the local authority,

(d) the chief constable of the Police Service of Scotland,

(e) the Scottish Fire and Rescue Service,

(f) Scottish Enterprise ,

(g) South of Scotland Enterprise where all or part of the area of the local authority is within the South of Scotland as defined by section 21 of the South of Scotland Enterprise Act 2019.

(3) The Scottish Ministers may by regulations modify subsection (2) so as to—

(a) add a person or a description of person,

(b) remove an entry listed in it,

Community planning partners: duties

14

(1) Despite the duties imposed on community planning partners by this Part, a community planning partnership may agree—

(a) that a particular community planning partner need not comply with a duty in relation to a particular local outcome, or

(b) that a particular community planning partner need comply with a duty in relation to a particular local outcome only to such extent as may be so agreed.

(2) Each community planning partner must co-operate with the other community planning partners in carrying out community planning.

(3) Each community planning partner must, in relation to a community planning partnership, contribute such funds, staff and other resources as the community planning partnership considers appropriate—

(a) with a view to improving, or contributing to an improvement in, the achievement of each local outcome referred to in section 6(2)(a), and

(b) for the purpose of securing the participation of the community bodies mentioned in section 4(6)(a) in community planning.

(4) Each community planning partner must provide such information to the community planning partnership about the local outcomes referred to in section 6(2)(a) as the community planning partnership may request.

(5) Each community planning partner must, in carrying out its functions, take account of the local outcomes improvement plan published under section 6 or, as the case may be, section 7(5).

Guidance

15

(1) Each community planning partnership must have regard to any guidance issued by the Scottish Ministers about the carrying out of functions conferred on the partnership by this Part.

(2) Each community planning partner must have regard to any guidance issued by the Scottish Ministers about the carrying out of functions conferred on the partner by this Part.

(3) Before issuing guidance of the type mentioned in subsection (1) or (2), the Scottish Ministers must consult such persons as they think fit.

Duty to promote community planning

16

The Scottish Ministers must promote community planning when carrying out any of their functions which might affect—

(a) community planning,

(b) a community planning partner.

Establishment of corporate bodies

17

(1) Following an application made jointly by each person mentioned in section 13(2), the Scottish Ministers may by regulations establish a body corporate with such constitution and functions about community planning as may be specified in the regulations.

(2) The application referred to in subsection (1) must include information about the following matters—

(a) any consultation about the question of whether to make the application,

(b) representations received in response to any such consultation,

(d) such other matters as may be prescribed by the Scottish Ministers by regulations.

(3) Regulations under subsection (1) may include provision about—

(a) the membership of the body established by the regulations,

(b) the proceedings of the body,

(d) the appointment and employment of staff by the body,

(e) the supply by other persons of services to the body,

(f) the audit of accounts by the body,

(g) the dissolution of the body, and

(h) such other matters as the Scottish Ministers think fit.

(4) A function may be specified in regulations under subsection (1) even if another enactment or rule of law—

(a) provides that the function is to be carried out by a person other than the body established by virtue of subsection (1), or

(b) prevents the carrying out of the function by that body.

Interpretation of Part 2

18

In this Part—

“community bodies” has the meaning given by section 4(9),

“community planning” has the meaning given by section 4(1),

“community planning partner” has the meaning given by section 4(5),

“community planning partnership” has the meaning given by section 4(5),

“local outcomes” has the meaning given by section 4(4),

“locality” has the meaning given by section 9(2).

PART 3 — PARTICIPATION REQUESTS

Key definitions

Meaning of “community-controlled body”

19

In this Part, a “community-controlled body” means a body (whether corporate or unincorporated) having a written constitution that includes the following—

(a) a definition of the community to which the body relates,

(b) provision that the majority of the members of the body is to consist of members of that community,

(d) provision that membership of the body is open to any member of that community,

(e) a statement of the body's aims and purposes, including the promotion of a benefit for that community, and

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

Meaning of “community participation body”

20

(1) In this Part, “community participation body” means—

(a) a community-controlled body,

(b) a community council established in accordance with Part 4 of the Local Government (Scotland) Act 1973,

(d) a group mentioned in subsection (4).

(2) The body is a body (whether corporate or unincorporated)—

(a) that is designated as a community participation body by an order made by the Scottish Ministers for the purposes of this Part, or

(b) that falls within a class of bodies designated as community participation bodies by such an order for the purposes of this Part.

(3) Where the power to make an order under subsection (2)(a) is exercised in relation to a trust, the community participation body is to be the trustees of the trust.

(4) The group is a group—

(a) that comprises a number of individuals who are members of the group,

(b) that has no written constitution,

(d) membership of which is open to any member of that community,

(e) whose decisions are made or otherwise controlled by members of the group who are members of that community, and

(f) any surplus funds and assets of which are to be applied for the benefit of that community.

Meaning of “public service authority”

21

(1) In this Part, “public service authority” means—

(a) a person listed, or of a description listed, in schedule 2, or

(b) a person mentioned in subsection (3).

(2) The Scottish Ministers may by order modify schedule 2 so as to—

(a) remove an entry listed in it,

(b) amend an entry listed in it.

(3) The person is a person—

(a) that is designated as a public service authority by an order made by the Scottish Ministers for the purposes of this Part, or

(b) that falls within a class of persons designated as public service authorities by such an order for the purposes of this Part.

(4) An order under subsection (3) may designate a person, or class of persons, only if the person, or (as the case may be) each of the persons falling within the class, is—

(a) a part of the Scottish Administration,

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

(5) In subsection (4)(c), “publicly-owned company” means a company that is wholly owned by one or more public service authorities.

(6) For that purpose, a company is wholly owned by one or more public service authorities if it has no members other than—

(a) the public service authority or (as the case may be) authorities,

(b) other companies that are wholly owned by the public service authority or (as the case may be) authorities, or

(i) the public service authority or (as the case may be) authorities, or

(ii) such other companies.

(7) In this section, “company” includes any body corporate.

(8) Subsection (9) applies where the Scottish Ministers make an order under subsection (3).

(9) The Scottish Ministers may specify in the order a public service that is or may be provided by or on behalf of the person designated, or (as the case may be) a person falling within the class designated, in respect of which a specified outcome may not be specified in a participation request.

Participation requests

22

(1) A community participation body may make a request to a public service authority to permit the body to participate in an outcome improvement process.

(2) In making such a request, the community participation body must—

(a) specify an outcome that results from, or is contributed to by virtue of, the provision of a service provided to the public by or on behalf of the authority,

(b) set out the reasons why the community participation body considers it should participate in the outcome improvement process,

(c) provide details of any knowledge, expertise and experience the community participation body has in relation to the specified outcome, and

(d) provide an explanation of the improvement in the specified outcome which the community participation body anticipates may arise as a result of its participation in the process.

(3) Subsection (4) applies where a community participation body which is a group as mentioned in section 20(4) makes a participation request to a public service authority.

(4) The group must, in addition to complying with subsection (2), provide such information to the authority as the authority may require in order for it to be satisfied that the body meets the requirements to be such a group.

(5) A participation request may be made jointly by two or more community participation bodies.

(6) A participation request may include a request that one or more public service authorities other than the authority to which the request is made participate in the outcome improvement process along with the authority to which the request is made.

(7) In this Part—

“outcome improvement process”, in relation to a public service authority, means a process established or to be established by the authority with a view to improving an outcome that results from, or is contributed to by virtue of, the provision of a public service,

“participation request” means a request made under subsection (1),

“public service” means a service provided to the public by or on behalf of a public service authority,

“specified outcome” means an outcome of the type mentioned in subsection (2)(a).

Regulations

23

(1) The Scottish Ministers may by regulations make further provision about participation requests.

(2) Regulations under subsection (1) may in particular make provision for or in connection with specifying—

(a) the manner in which requests are to be made,

(b) the procedure to be followed by public service authorities in relation to requests,

(c) the procedure to be followed by public authorities in relation to requests that include a request of the type mentioned in section 22(6),

(d) the information to be provided in connection with requests (in addition to that required under section 22(2)),

(e) ways in which public service authorities are to promote the use of participation requests,

(f) support that public service authorities are to make available to community participation bodies to enable such bodies to make a participation request and participate in any outcome improvement process resulting from such a request,

(g) types of communities that may need additional support in order to form community participation bodies, make participation requests and participate in outcome improvement processes.

Decisions about participation requests

Participation requests: decisions

24

(1) This section applies where a participation request is made by a community participation body to a public service authority.

(2) The authority must decide whether to agree to or refuse the participation request.

(3) In reaching its decision under subsection (2), the authority must take into consideration the following matters—

(a) the reasons set out in the request under section 22(2)(b),

(b) any other information provided in support of the request (whether such other information is contained in the request or otherwise provided),

(i) economic development,

(ii) regeneration,

(iii) public health,

(iv) social wellbeing, or

(v) environmental wellbeing,

(d) whether agreeing to the request would be likely—

(i) to reduce inequalities of outcome which result from socio-economic disadvantage,

(ii) to lead to an increase in participation in the outcome improvement process to which the request relates by persons who experience socio-economic disadvantage,

(iii) otherwise to lead to an increase in participation by such persons in the design or delivery of a public service the provision of which results in, or contributes to, the specified outcome mentioned in the request,

(e) any other benefits that might arise if the request were agreed to, and

(f) any other matter (whether or not included in or arising out of the request) that 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) The authority must, before the end of the period mentioned in subsection (7), give notice (in this Part, a “decision notice”) to the community participation body of—

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

(b) if its decision is to refuse the request, the reasons for the decision.

(7) 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 participation body.

(8) 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.

Decision notice: information about outcome improvement process

25

(1) This section applies where a public service authority gives a decision notice agreeing to a participation request by a community participation body.

(2) Where the authority at the time of giving the notice has established an outcome improvement process, the decision notice must—

(a) describe the operation of the outcome improvement process,

(b) specify what stage in the process has been reached,

(d) if any other person participates in the process, describe how the person participates.

(3) Where the authority at the time of giving the notice has not established an outcome improvement process, the decision notice must—

(a) describe how the proposed process is intended to operate,

(b) explain how and to what extent the community participation body which made the participation request is expected to participate in the proposed process, and

(c) if any other person is expected to participate in the proposed process, describe how the person is expected to participate.

Proposed outcome improvement process

26

(1) This section applies where a public service authority gives a community participation body a decision notice as mentioned in section 25(3).

(2) The community participation body may make written representations in relation to the proposed outcome improvement process.

(3) Any representations under subsection (2) must be made before the end of the period of 28 days beginning with the day on which the notice is given.

(4) Before giving notice under subsection (5), the authority must take into consideration any representations made under subsection (2).

(5) The authority must, before the end of the period of 28 days beginning with the day after the expiry of the period mentioned in subsection (3), give a notice to the community participation body containing details of the outcome improvement process that is to be established.

(6) The authority must publish such information about the process as may be specified in regulations made by the Scottish Ministers.

(7) The authority must publish the information mentioned in subsection (6) on a website or by other electronic means.

Power to decline certain participation requests

27

(1) Subsection (2) applies where—

(a) a participation request (a “new request”) is made to a public service authority,

(b) the new request relates to matters that are the same, or substantially the same, as matters contained in a previous participation request (a “previous request”), and

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

(3) 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 relate to—

(a) the same public service, and

(b) the same, or substantially the same, outcome that results from, or is contributed to by virtue of, the provision of the public service.

(4) 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.

Outcome improvement processes

Duty to establish and maintain outcome improvement process

28

A public service authority that gives notice under section 26(5) must—

(a) before the end of the period of 90 days beginning with the day on which the notice is given, establish the outcome improvement process in respect of which the notice is given by taking whatever steps are necessary to initiate the process, and

(b) maintain that process.

Modification of outcome improvement process

29

(1) This section applies where a public service authority establishes an outcome improvement process under section 28(a) following a participation request by a community participation body.

(2) Following consultation with the community participation body, the authority may modify the outcome improvement process.

(3) Where the outcome improvement process is modified under subsection (2), the authority must publish such information about the modification as may be specified in regulations made by the Scottish Ministers.

Appeals and reviews

Regulations: appeals and reviews

30

(1) The Scottish Ministers may by regulations make provision for or in connection with—

(a) appeals against decision notices,

(b) reviews of decisions of public service authorities relating to participation requests.

(2) Regulations under subsection (1) may, in particular, make provision for or in connection with—

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

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

(i) appeals are to be brought,

(ii) applications for reviews are to be made,

(d) the circumstances under which—

(i) appeals may or may not be brought,

(ii) applications for reviews may or may not be made,

(e) the persons to whom—

(i) appeals may be made,

(ii) applications for reviews may be made,

(f) the powers of persons determining appeals and the disposals available to such persons,

(g) the steps that may be taken by a public service authority following a review,

(h) the effect of any decision taken in relation to an appeal or review on a decision notice to which the appeal or review relates.

Reporting

31

(1) This section applies where—

(a) a participation request has been made, and

(b) the outcome improvement process relating to that request is complete.

(2) The public service authority that established the process must publish a report—

(a) summarising the outcomes of the process, including whether (and, if so, how and to what extent) the specified outcome to which the process related has been improved,

(b) describing how and to what extent the participation of the community participation body that made the participation request to which the process related influenced the process and the outcomes, and

(i) changes in the outcomes of the process, and

(ii) any other matters relating to the outcomes.

(3) In preparing the report mentioned in subsection (2), the public service authority must seek the views of the bodies mentioned in subsection (4) in relation to—

(a) the way in which the outcome improvement process was conducted, and

(b) the outcomes of the process, including whether (and, if so, how and to what extent) the specified outcome to which the process related has been improved.

(4) The bodies referred to in subsection (3) are––

(a) the community participation body which made the participation request to which the outcome improvement process related, and

(b) any other community participation bodies which participated in that process.

(5) The authority must publish the report mentioned in subsection (2) on a website or by other electronic means.

(6) The Scottish Ministers may by regulations make provision about reports published under subsection (2), including the information (in addition to that required under that subsection) that reports are to contain.

Annual reports

32

(1) A public service authority must publish a participation request report for each reporting year.

(2) A participation request report is a report setting out, in respect of the reporting year to which it relates—

(a) the number of participation requests the authority received,

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

(i) agreed to, and

(ii) refused,

(c) the number of such requests which resulted in changes to a public service provided by or on behalf of the authority, and

(d) any action taken by the authority—

(i) to promote the use of participation requests,

(ii) to support a community participation body in the making of a participation request.

(3) A participation request 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.

Ministerial report

33

(1) The Scottish Ministers must prepare, and lay before the Scottish Parliament, a report on the operation of participation requests.

(2) The report is to be prepared before the expiry of the period of three years beginning with the day on which section 22 comes into force.

Guidance

34

(1) A public service 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 3

35

In this Part—

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

“community participation body” has the meaning given by section 20(1),

“constitution”, in relation to a company, means the memorandum and articles of association of the company,

“decision notice” is to be construed in accordance with section 24(6),

“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,

“outcome improvement process” has the meaning given by section 22(7),

“participation request” has the meaning given by section 22(7),

“public service” has the meaning given by section 22(7),

“public service authority” has the meaning given by section 21,

“specified outcome” has the meaning given by section 22(7).

PART 4 — COMMUNITY RIGHTS TO BUY LAND

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

Nature of land in which community interest may be registered

36

(1) In section 33 of the 2003 Act (registrable land)—

(a) in subsection (1)—

(i) the words “The land in which” are repealed, and

(ii) for the words “(“registrable land”) is” substitute “ in ”,

(b) in subsection (2), for the words “described as such in an order made by Ministers”, substitute “ consisting of a separate tenement which is owned separately from the land in respect of which it is exigible (subject to subsection (2A)) ”,

(2A) Land consisting of— (a) salmon fishings, or (b) mineral rights (other than rights to oil, coal, gas, gold or silver), which are owned separately from the land in respect of which they are exigible is not “excluded land” (and so is land in which a community interest may be registered under this Part).

, and

(d) subsections (3) to (7) are repealed.

(2) The title to section 33 of the 2003 Act becomes “ Land in respect of which community interest may be registered ”.

Community bodies

37

(1) Section 34 of the 2003 Act (community bodies) is amended as follows.

(2) Before subsection (1), insert—

(A1) A community body is, subject to subsection (4)— (a) a body falling within subsection (1), (1A) or (1B), or (b) a body of such other description as may be prescribed which complies with prescribed requirements.

(3) In subsection (1)—

(a) for the words “community body is, subject to subsection (4) below”, substitute “ body falls within this subsection if it is ”,

(b) in paragraph (c), for “20”, substitute “ 10 ”,

(d) provision that at least three quarters of the members of the company are members of the community,

(d) in paragraph (f), the words “and the auditing of its accounts” are repealed,

(e) after paragraph (f), insert—

(fa) provision that, on the request of any person for a copy of the minutes of a meeting of the company, the company must, if the request is reasonable, give the person within 28 days of the request a copy of those minutes, (fb) provision that, where a request of the type mentioned in paragraph (fa) is made, the company— (i) may withhold information contained in the minutes, and (ii) if it does so, must inform the person requesting a copy of the minutes of its reasons for doing so,

, and

(f) in paragraph (h)—

(i) in sub-paragraph (i), for “or crofting community body”, substitute “ , crofting community body or Part 3A community body (as defined in section 97D) ”, and

(ii) in sub-paragraph (ii), for “or crofting community body”, substitute “ , crofting community body or Part 3A community body (as so defined) ”.

(4) After subsection (1), insert—

(1A) A body falls within this subsection if it is a Scottish charitable incorporated organisation (a “SCIO”) the constitution of which includes the following— (a) a definition of the community to which the SCIO relates, (b) provision enabling the SCIO to exercise the right to buy land under this Part, (c) provision that the SCIO must have not fewer than 10 members, (d) provision that at least three quarters of the members of the SCIO are members of the community, (e) provision under which the members of the SCIO who consist of members of the community have control of the SCIO, (f) provision ensuring proper arrangements for the financial management of the SCIO, (g) provision that, on the request of any person for a copy of the minutes of a meeting of the SCIO, the SCIO must, if the request is reasonable, give the person within 28 days of the request a copy of those minutes, (h) provision that, where a request of the type mentioned in paragraph (g) is made, the SCIO— (i) may withhold information contained in the minutes, and (ii) if it does so, must inform the person requesting a copy of the minutes of its reasons for doing so, and (i) provision that any surplus funds or assets of the SCIO are to be applied for the benefit of the community. (1B) A body falls within this subsection if it is a community benefit society the registered rules of which include the following— (a) a definition of the community to which the society relates, (b) provision enabling the society to exercise the right to buy land under this Part, (c) provision that the society must have not fewer than 10 members, (d) provision that at least three quarters of the members of the society are members of the community, (e) provision under which the members of the society who consist of members of the community have control of the society, (f) provision ensuring proper arrangements for the financial management of the society, (g) provision that, on the request of any person for a copy of the minutes of a meeting of the society, the society must, if the request is reasonable, give the person within 28 days of the request a copy of those minutes, (h) provision that, where a request of the type mentioned in paragraph (g) is made, the society— (i) may withhold information contained in the minutes, and (ii) if it does so, must inform the person requesting a copy of the minutes of its reasons for doing so, and (i) provision that any surplus funds or assets of the society are to be applied for the benefit of the community.

(5) In subsection (2), after “(1)(c)”, insert “ , (1A)(c) or (1B)(c) ”.

(6) After subsection (4), insert—

(4A) Ministers may by regulations from time to time amend subsections (1), (1A) and (1B). (4B) If provision is made under subsection (A1)(b), Ministers may by regulations make such amendment of section 35(A1) and (1) in consequence of that provision as they consider necessary or expedient.

(7) In subsection (5)—

(a) the words “Unless Ministers otherwise direct” are repealed,

(b) in paragraph (a)––

(i) for “subsection (1)(a)”, substitute “ subsections (1)(a), (1A)(a) and (1B)(a) ”, and

(ii) at the end, insert “ or a prescribed type of area (or both such unit and type of area) ”,

(d) in paragraph (b)(ii), after “units”, insert “ or that prescribed type of area ”.

(8) In subsection (8)—

(a) after “section”, insert “ — ”, and

(b) at the end, insert—

“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, “registered rules” has the meaning given by section 149 of that Act (as that meaning applies in relation to community benefit societies), “Scottish charitable incorporated organisation” has the meaning given by section 49 of the Charities and Trustee Investment (Scotland) Act 2005.

Modification of memorandum, articles, constitution or registered rules

38

(1) Section 35 of the 2003 Act (provisions supplementary to section 34) is amended as follows.

(2) Before subsection (1), insert—

(A1) During the relevant period, a community body may not modify its memorandum, articles of association, constitution or registered rules (as defined in section 34(8)) without Ministers' consent in writing. (A2) In subsection (A1), “relevant period” means the period— (a) beginning on the day on which the community body submits an application under section 37(1) for registration of a community interest in land, and (b) ending with— (i) registration of the community interest in land, (ii) a decision by Ministers that the community interest in land should not be registered, (iii) Ministers declining, by virtue of section 39(5), to consider the application, or (iv) withdrawal of the application.

(3) In subsection (1), for “or articles of association”, substitute “ , articles of association, constitution or registered rules (as defined in section 34(8)) ”.

(4) After subsection (3), insert—

(4) Where the power conferred by subsection (3) is (or is to be) exercised in relation to land, Ministers may make an order relating to, or to matters connected with, the acquisition of the land. (5) An order under subsection (4) may— (a) apply, modify or exclude any enactment which relates to any matter as to which an order could be made under that subsection, (b) make such modifications of enactments as appear to Ministers to be necessary or expedient in consequence of any provision of the order or otherwise in connection with the order.

Register of Community Interests in Land

39

(1) Section 36 of the 2003 Act (Register of Community Interests in Land) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (a)—

(i) at the beginning, insert “ where the community body which has registered the interest is constituted by a company limited by guarantee, ”, and

(ii) the words from “which” to the end of the paragraph are repealed, and

(b) after paragraph (a), insert—

(aa) where the community body which has registered the interest is constituted by a Scottish charitable incorporated organisation within the meaning given in section 34(8) (a “SCIO”), the name and address of the principal office of the SCIO, (ab) where the community body which has registered the interest is constituted by a community benefit society as defined in section 34(8), the name and address of the registered office of the society,

(3) After subsection (5), insert—

(5A) Subsection (5B) applies where— (a) a community body changes its name, (b) a community body which is constituted by a company limited by guarantee or by a community benefit society changes the address of its registered office, or (c) a community body which is constituted by a SCIO changes the address of its principal office. (5B) The community body must, as soon as reasonably practicable after the change is made, notify the Keeper of the change.

Public notice of certain applications

40

In section 37 of the 2003 Act (registration of interest in land)—

(a) in subsection (4)(b), at the beginning, insert “ (except in the case of a proposed application of the type mentioned in subsection (4B)) ”, and

(b) after subsection (4), insert—

(4A) Ministers are not to be satisfied under subsection (3) in relation to a proposed application of the type mentioned in subsection (4B) unless the applicant community body has given public notice of the proposed application by advertising it in such manner as may be prescribed. (4B) The type of proposed application is one to register a community interest in land consisting of salmon fishings, or mineral rights, which are owned separately from the land in respect of which they are exigible.

Criteria for registration of interest in land

41

In section 38 of the 2003 Act (criteria for registration)—

(a) in subsection (1)(b)—

(i) after “that”, where it first occurs, insert “ the acquisition of the land by the community body to which the application relates is compatible with furthering the achievement of sustainable development, and that ”,

(ii) in sub-paragraph (i), the words “defined under section 34(1)(a) above” are repealed,

(iii) the word “or” immediately following sub-paragraph (i) is repealed,

(iv) in sub-paragraph (ii), for “that”, where it first occurs, substitute “ the ”,

(v) in that sub-paragraph, the words from “and” to the end of the sub-paragraph are repealed, and

(vi) after that sub-paragraph, insert—

(iii) where the community body is a body mentioned in section 34(A1)(a), the land is in or sufficiently near to the area of the community by reference to which the community is defined as mentioned in section 34(5)(a), or (iv) where the community body is a body mentioned in section 34(A1)(b), the land is in or sufficiently near to the area of the community to which the body relates,

(b) in subsection (2), at the beginning, insert “ Subject to subsection (2A) below, ”,

(2A) Ministers may not take into account, for the purposes of subsection (2), the approval of a member of the community if the approval was indicated earlier than 6 months before the date on which the application to register the community interest in land to which the approval relates was made. (2B) Ministers may by regulations amend subsection (2A) so as to substitute for the period of time for the time being specified there a different period of time (not being less than 6 months).

, and

(d) in subsection (3), for “above”, substitute “ , (1A)(a) or (1B)(a), or where that body is a body mentioned in section 34(A1)(b), the community to which that body relates ”.

Procedure for late applications

42

(1) Section 39 of the 2003 Act (procedure for late applications) is amended as follows.

(2) For subsection (1), substitute—

(1) This section (other than subsections (4A) and (5)) applies in relation to an application to register a community interest in land which satisfies— (a) the conditions mentioned in subsection (1A), or (b) the condition mentioned in subsection (1B). (1A) The conditions are that— (a) before the date on which the application is received by Ministers, the owner of the land or, as the case may be, a creditor in a standard security with a right to sell the land has taken action which, if a community interest had been registered, would be prohibited under section 40(1), and (b) on the date on which the application is received by Ministers— (i) missives for the sale and purchase of the land in pursuance of that action have not been concluded, or (ii) an option to acquire the land in pursuance of that action has not been conferred. (1B) The condition is that, where another community body has registered an interest in the land, the application is received by Ministers— (a) after the date on which the owner of the land or, as the case may be, a creditor in a standard security with a right to sell the land has, under section 48(1), notified that community body that a transfer is proposed, and (b) before Ministers have consented, under section 51(1), to a transfer to that community body.

(3) In subsection (2)—

(a) after paragraph (a), insert—

(aa) Ministers may, before the end of the period of 7 days following receipt of the views of the owner of the land or, as the case may be, such a creditor under that section, request— (i) the owner, such a creditor or the community body making the application to provide such further information as they consider necessary in connection with their being informed as mentioned in paragraph (a), and (ii) that the further information be supplied within 14 days of the request,

, and

(b) in paragraph (b)(ii), after “ “30””, insert “ or (in a case where further information is requested under paragraph (aa)) “44” ”.

(4) In subsection (3), for paragraph (a), substitute—

(a) that— (i) such relevant work as Ministers consider reasonable was carried out by a person, or (ii) such relevant steps as Ministers consider reasonable were taken by a person, (aa) that the relevant work was carried out or the relevant steps were taken— (i) at a time which, in the opinion of Ministers, was sufficiently in advance of the owner of the land or, as the case may be, the creditor taking the action such as is mentioned in subsection (1A), or giving notice such as is mentioned in subsection (1B), (ii) in respect of land with a view to the land being used for purposes that are the same as those proposed for the land in relation to which the application relates, and (iii) by the community body making the application or by another person with a view to the application being made by the community body, (ab) that— (i) in the period of 12 months before the application is received by Ministers, the owner of the land or, as the case may be, the creditor taking the action such as is mentioned in subsection (1A) did not make an offer to sell the land to the community body or a similar community body, or (ii) in that 12 month period, the owner of the land or, as the case may be, the creditor did make an offer to sell the land to the community body or a similar community body and, in the opinion of Ministers, there are good reasons why the body did not purchase the land,

(5) After subsection (3), insert—

(3A) Despite subsection (3), Ministers may decide that a community interest is to be entered in the Register even though the conditions in paragraphs (a) and (aa) of that subsection are not satisfied in relation to the interest, if Ministers are satisfied that there are good reasons— (a) why the conditions are not satisfied, and (b) for allowing the interest to be entered in the Register. (3B) Ministers may, before the end of the period of 7 days following receipt under section 37(5) of the views of the owner of the land or, as the case may be, a creditor in a standard security with a right to sell the land, request— (a) any person they believe may be able to provide them with such further information as they consider necessary in connection with the matters mentioned in subsection (3) to provide the information, and (b) that the information be supplied within 14 days of the request.

(6) In subsection (4)(c), after “59(1)”, insert “ , 60A(1) ”.

(7) After subsection (4), insert—

(4A) Subsection (5) applies in relation to an application to register a community interest in land where the application is received by Ministers after the following have occurred— (a) the owner of the land or, as the case may be, a creditor in a standard security with a right to sell the land has taken action which, if a community interest in land had been registered, would be prohibited under section 40(1), and (b) either— (i) missives for the sale and purchase of the land are concluded, or (ii) an option to acquire the land is conferred.

(8) In subsection (5), the words from “Where” to “land” are repealed.

(9) After subsection (5), insert—

(6) In subsection (3)— - “relevant work” means anything done by way of preparation of an application to register a community interest in land, - “relevant steps” means any steps towards securing ownership of land by a community body. (7) In subsection (3)(ab)— (a) references to “the land” include land that is, in the opinion of Ministers, mainly the same as the land to which the application mentioned in that subsection relates, (b) references to “an offer” are references to an offer in writing (or that is confirmed in writing), (c) a community body is, for the purposes of that subsection, similar to another community body if, in the opinion of Ministers, it is similar to the other body to a significant degree having regard to such matters as may be prescribed. (8) In subsection (6), “land” means any land whether or not it is land in respect of which an application in relation to which this section applies is made.

Evidence and notification of concluded missives or option agreements

43

After section 39 of the 2003 Act, insert—

(39A) (1) Subsection (2) applies where— (a) an application to register a community interest in land is made, (b) on the date on which the application is received by Ministers— (i) missives for the sale and purchase of the land have been concluded, or (ii) an agreement conferring an option to acquire the land exists, and (c) the application does not disclose that such missives have been concluded or such an agreement exists. (2) The owner of the land or, as the case may be, a creditor in a standard security with a right to sell the land must, within 21 days of receiving a copy of the application under section 37(5)(a)— (a) provide Ministers with evidence of the concluded missives or (as the case may be) the agreement, (b) where there is an agreement such as is mentioned in subsection (1)(b)(ii) which contains a date on which it will expire— (i) notify Ministers of that date, and (ii) provide Ministers with information about whether, and if so how, the agreement is capable of being extended. (3) Subsection (4) applies where— (a) an application to register a community interest in land is made, (b) on the date on which the application is received by Ministers— (i) missives for the sale and purchase of the land have been concluded, or (ii) an agreement conferring an option to acquire the land exists, (c) the application discloses that such missives have been concluded or such an agreement exists, and (d) accordingly, by virtue of section 39(4A) and (5), no copy of the application is sent to the owner of the land or, as the case may be, a creditor in a standard security with a right to sell the land. (4) Ministers must— (a) send a copy of the application and the accompanying information to the owner of the land or, as the case may be, the creditor, (b) notify the owner of the land or, as the case may be, the creditor that Ministers must decline to consider the application by virtue of section 39(5), and (c) require the owner of the land or, as the case may be, the creditor to provide Ministers with the information mentioned in subsection (5) within 21 days of receipt of the copy of the application sent under paragraph (a). (5) The information is— (a) evidence of the concluded missives or, as the case may be, the agreement, and (b) where there is an agreement such as is mentioned in subsection (3)(b)(ii) which contains a date on which it will expire— (i) that date, and (ii) information about whether, and if so how, the agreement is capable of being extended.

Notification of transfer

44

In section 41 of the 2003 Act (provisions supplementary to and explanatory of section 40), after subsection (2), insert—

(3) Where an owner of land or a creditor in a standard security having a right to sell land makes a transfer of land as mentioned in any of paragraphs (a) to (h) of subsection (4) of section 40, the owner of the land or, as the case may be, the creditor must within 28 days of the transfer— (a) notify Ministers of— (i) the transfer, (ii) the name and address of the person to whom the land was transferred, and (iii) the date of the transfer, and (b) provide Ministers with a description of the land transferred, including maps, plans or other drawings prepared to such specifications as may be prescribed.

Notice of expiry of registration

45

In section 44 of the 2003 Act (duration and renewal of registration), after subsection (5), insert—

(6) The Scottish Ministers must send written notice to a community body which has a registered community interest of the date on which that interest will cease to have effect unless it is re-registered (“the expiry date”). (7) A notice under subsection (6) must be sent in the period beginning on the day which falls 12 months before the expiry date and ending 28 days after that day.

Changes to information relating to registered interests

46

After section 44 of the 2003 Act, insert—

(44A) (1) This section applies where a community interest in land is registered in pursuance of an application under section 37. (2) Where— (a) the application contains information enabling Ministers to contact the community body which made the application, and (b) there is a change in that information, the community body must, as soon as reasonably practicable after the change, notify Ministers of the change. (3) Where— (a) the application contains information enabling Ministers to contact the owner of the land to which the application relates, and (b) there is a change in that information, the owner must, as soon as reasonably practicable after the change, notify Ministers of the change. (4) Where— (a) the application contains information relating to a creditor in a standard security over an interest in the land, and (b) there is a change in that information, the owner of the land to which the application relates must, as soon as reasonably practicable after the change, notify Ministers of the change. (5) Subsection (6) applies where— (a) there is a creditor in a standard security over an interest in the land to which the application relates, but (b) the application does not disclose the existence of the creditor (whether because the standard security did not exist at the time the application was made or otherwise). (6) The owner of the land to which the application relates must, as soon as reasonably practicable after the interest in land is registered— (a) notify Ministers of the existence of the creditor, and (b) provide Ministers with such information relating to the creditor as would enable Ministers to contact the creditor. (7) Subsection (8) applies where there is a change in information provided by a community body or an owner of land in pursuance of the duty under subsection (2), (3), (4) or (6). (8) The community body or, as the case may be, the owner of the land must as soon as reasonably practicable after the change notify Ministers of the change.

Notification under section 50 of 2003 Act

47

In section 50 of the 2003 Act (power to activate right to buy land where breach of Part 2)—

(a) in subsection (3)(b), after “land”, insert “ , to any creditor in a standard security with a right to sell the land ”, and

(b) after subsection (5), insert—

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