Welcome Introduction Derek Marshall Chair of Dundee Social

Welcome & Introduction Derek Marshall Chair of Dundee Social Enterprise Network

Decade of Development Devolution Social Economy Review 2003 Futurebuilders Scotland – Investing in the Social Economy 2004 May 2005 Parliamentary motion Better Business – Strategy and Action Plan for social enterprise in Scotland 2007 Enterprising Third Sector Action Plan 2008 -11 Development of Scotland’s Eco-system for social enterprise First SEWF in Scotland 2008 First Census on social enterprise in Scotland 2015 Strong sector Social enterprise part of Programme for Government International focus 10 year strategy for social enterprise

Social Enterprise Eco-system Leadership Education & Development International Development Social innovation & community empowerment Social Enterprise Support for social Entrepreneurs and local networks Academic Capacity Social Investment and direct funding Business Support

National Strategy - themes Priority 1: Stimulating Social Enterprise SCOTLAND'S SOCIAL ENTERPRISE STRATEGY Priority 2: Developing Stronger Organisations Priority 3: Realising Market Opportunity

Ambition for Social Enterprise …a thriving, dynamic, effective, sustainable sector, transforming communities, contributing to the economy and society, trading and influencing internationally and sharing and learning in the global community.

Other Community Asset Transfer- and new rights under the Community Empowerment Act Part 5 Nicky Donald COSS advisor 6

Community Ownership Support Service (COSS) • COSS is part of the Development Trusts Association for Scotland (DTAS) • COSS is a Scottish government funded programme, adviser led across 32 LA areas, set up to : – help community-based groups take ownership of assets for community benefit – asset transfer – support local authorities and other public agencies to transfer assets into community ownership.

What is (Community) Asset Transfer? A process to allow a community organisation to take over publicly-owned land or buildings, in a way that recognises the public benefits that the community use will bring. That may be a discounted price, a grant or other support Assets are land any buildings or other structures on the land eg bridges or piers. (It does not include vehicles or equipment. )

But what can we do? Provide childcare, make benches, manage office space, teach ICT, support small businesses, cook healthy food, recycle paper, support other community organisations, employ people with special needs, manage community centres, run cinemas, build, sell and rent out houses, undertake youth work, repair and sell bicycles, provide home help schemes for older people, run community transport schemes, lobby Councils for improvements on behalf of local people, undertake consultancy work, run schools for excluded young people, manage parks and play areas, own restaurants and cafes and pizzerias, have festivals & fun days & Dickensian Christmas Fairs, run credit unions, support neighbourhood management and other local initiatives, prisoner of war camps and Scottish government nuclear bunker development, set up social enterprises, homework clubs, DJ Workshops, run community energy projects, five a side football, manage Healthy Living Centres, support local artists, swimming pools and gyms, provide wedding and conference facilities, create web-sites, regenerate market town centres, prisoner of war camps and Scottish government nuclear bunker development, teach basic skills English and Maths, run bed and breakfasts, lend money, employ local people, run play schemes, sports days, teach construction skills, manage sports facilities, provide a refuge for women, publish community newsletters, teach catering skills, support community radio, make soap and bath stuff, run community arts projects, manage renewable energy schemes, build green and affordable homes, manage grant funding, manage local markets and market halls, run community cohesion projects, manage street ranger schemes, install CCTV, own and manage shops, leisure centres, benefit advice and debt counselling, promote tourism, manage heritage sites, skills training, undertake social audits, own and run pubs and bars, build and manage a BMX track, run Archaeology survey companies, provide sets for film and television productions, manage allotments, make chocolate (and sell it to Selfridges!), build boats, run Tourist Information Centres, sheltered and special need housing, own abattoirs, provide ferry services, own cinemas and theatres and museums, event management, own a security company, run a taxi service, grow and sell food, support people to find work, own and manage harbours, deliver high speed broadband, smokehouses, airports, doulas… etc

Why do we need an Act? • There have been many successful voluntary AT schemes in the past • You can still go down this route by entering in to informal negotiations • But the CEA can give you more power

Community Empowerment (Scotland) Act 2015

Participation Requests (Part 3 of CEA) • Community bodies will be able to request that public bodies takes part in a process to improve a public service outcome to better meet the needs of users e. g. to reshape the service, offer volunteers to support a service or propose to take over the delivery of the service themselves • This could be combined with a transfer request for an associated asset • But it will be for the public body to decide whether to make any changes to existing service delivery arrangements

www. gov. scot/Topics/People/engage/Asset. Transfer

Community Empowerment Act (Scotland) 2015 Part 5 Asset Transfer Key Community “Rights” • Right to request information on any public asset that interests you • Right to request the transfer of a public asset (doesn’t have to be surplus) • Right to acquire that asset if the public body cannot offer a good reason not to (i. e. a presumption in favour of transfer) • Rights to appeal any adverse decision Key “Responsibilities” • To meet criteria for a “Community Transfer Body” • To submit your asset transfer request in accordance with detailed legislation • To adhere to timeframes.

Relevant Authority – selected key “obligations” • To create/maintain an Asset Transfer Policy, and a register of all assets (but not immediately) • To respond to requests for information on assets (no compulsion & not tied to any timeframe) • Not to dispose of asset once a formal transfer request received (unless already begun a disposal process) • To acknowledge receipt of asset transfer request / notify “validation date” (only once satisfied request is complete – significant scope for delay!) • To take a decision within 6 mths of “validation date”

Relevant public bodies • • • • Local Authorities Scottish Ministers (including Forest Enterprise Scotland Transport Scotland) Crofting Commission Further Education colleges Health Boards Historic Environment Scotland National Park Authorities Regional Transport Partnerships Scottish Canals Scottish Courts Scottish Enterprise and HIE Scottish Environment Protection Agency Scottish Fire and Rescue Scottish Natural Heritage Scottish Police Authority Scottish Water

Who can make a request - Community Transfer Body • Community of geography or community of interest • May be unincorporated if no transfer of ownership But principles much the same: • Open membership / controlled by that community • Community benefit purpose • Surpluses applied to benefit of community

Part 5: Asset Transfer Requests A “community-transfer body” Within which there are two distinctions: • what is required to apply for management/lease and • what is required for a full transfer of title.

Lease/Management Agreement: Community-Controlled Body which means a body (whether corporate or unincorporated) which has 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 consists of members of that community (c) provision that the members of the body have control of the body, (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.

Full Title Transfer: There additional requirements for full transfer. The community body must be: • A limited company with a Dissolution Clause (i) to another community transfer body (ii) to a charity. • A Scottish Charitable Incorporated Organisation (SCIO) • A Community Benefit Society (Ben. Comm) All with no fewer than 20 members. If a community group can’t change its rules to fit the requirements, it can ask the Scottish Ministers to make it a community transfer body by law. This is called being “designated”.

Key questions to ask before you start: what is the need/demand? How do we know? do we require an asset to deliver on the need? have we looked at every asset option? will the project promote or improve: economic development, regeneration, public health, social wellbeing, environmental wellbeing. • will it reduce inequalities? • is it all financially viable? • will it be sustainable in to the future? • •

Full Title Transfer: First Steps • Look at Register to identify land or buildings • Contact relevant authority (RA) asap to open discussions • RA should be open about information including practical knowledge about managing property • Joint Valuation acquired Caveats: • There are no regulations in place around this however • Many LAs have official 2 Stage Process

Content of “Asset Transfer Request” A very comprehensive written request - 15 criteria to be considered, including: • the land/ buildings concerned • the proposed terms of the transfer (eg ownership, lease etc) • the purchase price or rent/duration of lease • the reasons for the request & how the community would use the asset • the community benefits that would arise compared to other possible options • how the transfer / development / enterprise will be funded • Evidence of community support

How your request will be assessed • Public benefits of the transfer proposal must be demonstrably greater than that of an alternative proposal – economic development; regeneration; public health; social wellbeing; environmental wellbeing • Best value (discounting market valuation) • Ability of the group / project to deliver • Impact on the public body’s functions & any conflict with wider obligations • Level of community support / conflict with other community interests

Summary of Asset Transfer Process Community Transfer Body Identifies community need Relevant Authority publishes register of assets Community Transfer Body Identifies Suitable building / land

Community Transfer Body requests information about building/ land Relevant Authority provides Information as required Discussion/ negotiation Community Transfer Body submits Formal Asset Transfer Request

Community Transfer Body submits Formal Asset Transfer Request Relevant authority processes request and makes decision Community Transfer Body can appeal/ seek review Relevant Authority issues decision notice

Community Transfer Body submits offer Negotiation of terms Appeal if contract not concluded promptly Contract Concluded

Maud story

MAUD VILLAGE TRUST Other examples

The Kyle Centre 32

Other examples

Other examples Twechar Healthy Living and Enterprise Centre a full time pharmacy a satellite GP surgery Café Sports hall Youth activities Clothes shop Credit union Community Garden Training Garden Apprentices - building SVQ accredited Employment services

Contact us Community Ownership Support Service 0131 225 2080 coss@dtascot. org. uk www. dtascommunityownership. org. uk 36

New Funding Sources 1

New Funding Sources -2

Part 4 COMMUNITY RIGHT TO BUY A CRt. B is a pre-emptive right to buy land or buildings for communities throughout Scotland under Part 4 of the Land Reform (Scotland) Act 2003 It provides for those communities, who successfully register a community interest in land, to have the first option to buy when the registered land or building is offered for sale.

Tweaked eligibility criteria: • 2 -tier Scottish Charitable Incorporated Organisation (SCIO) and Community Benefit Society now also eligible, along with CLG • No population ceiling • More flexibility in defining area • minimum membership dropped to 10 • Now need 75% not 50% of members resident • Must make meeting minutes publicly available • Dropped audit requirement

Further Asset-Related Community Rights • Community Right to Buy Abandoned, Neglected & Detrimental Land – 2015 Community Empowerment Act / implemented later in 2017 • Community Right to Buy to Further Sustainable Development – 2016 Land Reform Act / implemented 2018? • Potentially Compulsory Sales Orders – Not yet formally proposed / consulted upon

The Community Empowerment (Scotland) Act 2015 The Community Empowerment Act will help to empower community bodies through the ownership of land buildings, and by strengthening their voices in the decisions that matter to them. It will also improve outcomes for communities by improving the process of community planning, ensuring that local service providers work together even more closely with communities to meet the needs of the people who use them.

Asset Transfer DCC have currently transferred 8 properties 5 ownership 3 leases

Write here

Asset Transfer - current position • DCC are currently working on a pre application form / process. • A property register has been made publicly available, listing all assets. (http: //www. dundeecity. gov. uk/communities/assettransfer) • Have a Community Asset Transfer Steering group and an agreed reporting mechanism to committee. • Have committed resources to a Community Empowerment Officer post (Asset Transfer and Participation requests).

Current position continued • We are working on developing guidance for community organisations. Scottish Government guidance is available. (http: //www. gov. scot/Topics/People/engage/Asset. Transfer) • DCC committee has approved the continued support for asset transfer to a wider definition of community body than defined in the Act.

What do you need to consider? • Do you need an asset ? If yes you must have: • Good Governance. • Organisational Capacity to deliver and sustain. • Financial Capability and Sustainability. • Evidence of Community Benefit which must promote or improve: o o o Economic development Regeneration Public health Social and Environmental Wellbeing Will the project help reduce inequalities?

THANK YOU Carole Jenkins carole. Jenkins@dundeecity. gov. uk

Providing services to the local community since 1999

Kemback Street Late 2015

v - Older People v - Wellbeing v - Youth Work v - Parent and Toddlers v - Learning v - Volunteering

Social Aspect • Lunch Clubs • Outings • Events • Games • Wellbeing • Hobbies “I come to the Lunch Club for the companionship as well as the food. I could be in the house all week and not see a soul”

Lunch Club Social Activities • 73 Individual older people used the service. • Total of 4250 meals provided. • 87 people benefitted from the holidays organised by Boomerang. • 122 people enjoyed day trips and theatre trips. • 12 events were also held through the year Collectively worked with 208 older people within the last 12 months.

13 sessions weekly • Zumba • Exercise to Music • Tai Chi • Power Hoop • Yoga • Dance • Men 50+ Ages range from 15 years to 92 years Benefits reported from those groups include : - v The social aspect of working out in a group. v Feeling of wellbeing through regular exercise. v Feeling of being included within the community. 251 people have benefitted from attending the groups.

We run clubs for young people aged 6 years to 16 years. 3 age groups v 6 -9 years v 10 -12 years v 12 years + 124 young people registered with the Youth Cafe.

• • • £ 145, 000 over the next 3 years Children in Need & Good Neighbour Open 6 evenings per week Saturday Morning and Afternoon Structured groups and Drop in Groups Informal Learning

Youth in the Community Skill Development Recent Projects Skills Dog Poo Screen Printing Tie Dying Sewing Baking Community Organisation Booklet Photography And Video Litter Pick

8 Sessions weekly • 101 families have accessed provision. • Regular visits from outside agencies. • 8 Parents currently undertaking PEEP training. • 4 Parents have completed childcare qualifications in our Learning Centre.

Approved British Computer Society Learning Centre • Offer 19 certificated learning courses. • In house training through the Virtual College • Hobby related courses including photography and video manipulation. v - 79 people accessed training v - 43 gaining accredited certification

• 36 volunteers have amassed over 7500 hrs of voluntary work for the Centre. • 14 have completed a recognised employability qualifications. • 4 have progressed on to full time employment. • Boomerang hold the Volunteer Friendly Award. 3 of our young volunteers have received recognition through the Saltire Awards for their services

Partners • • • Alzheimer's Scotland North Law Maryfield Men's Shed Family Nest Dundee City Council Family Services Dundee Healthy Living Initiative

New Initiative’s • Funding from Lottery for a Support Worker • Funding from Communities Innovations Fund for a Men’s Group • Funding From NHS for a Kid’s cooking group

Refurbishment Before • Unsafe • Carpet on floor • Cluttered

After • Taraflex Sports Flooring installed • Bright and spacious Now reported that there is a good atmosphere Cost of refurbishment Grant of £ 4840 from Maryfield Regeneration Forum for flooring Staff fundraised £ 700 for paint, sound system and benches and carried out the work

New Flooring in Dining Area • Cost £ 7500 donation from Good Neighbour Fund

New Flooring

Outdoor Play Area

Susan Smith Chief Executive of Dundee Social Enterprise Network susan@dundeesen. org

First Steps • What are you needing? • Where are you looking? • Who else is working on the same thing?

Support • Who to talk to in the different agencies • Do you meet the criteria? • If not, what you need to do.

Application • Role of Critical Friend • Sustainability • Business planning • Signpost to support

New Opportunities Susan Smith Chief Executive of Dundee Social Enterprise Network susan@dundeesen. org

Q&A Panel Session