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

Community Empowerment (Scotland) Act 2015

Type Act of the Scottish Parliament

Publication 2015-07-24

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

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.

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