How to Apply
Before submitting an asset transfer request it is strongly recommended that you read the Scottish Government's Asset Transfer Guidance for Community Transfer Bodies. While Community Transfer Bodies have the right to make an asset transfer request at any time, the guidance recognises the importance of contact with the relevant authority before making an asset transfer request. Community Transfer Bodies are strongly advised to contact us and discuss their proposal at an early stage.
If you are not eligible to make an asset transfer request under the terms of the Act or you wish to make a request without the protection of the Act, then you should discuss your proposals with the Council's Community Asset Transfer Team, who will be able to advise you on any alternative options.
We have prepared an Asset Transfer Request form to help make sure that you provide all the information needed for a valid asset transfer request. You don't need to use this particular form to make a request, but you must provide all the required information.
In terms of section 5 of the Procedure Regulations, an asset transfer request is not treated as having been made until all the required information is received. Chapter 8 of The Scottish Government Asset Transfer Guidance for Community Transfer Bodies lists what is required and gives guidance on what should be considered.
We advise you to discuss your proposals with a member of the Community Asset Transfer team before submitting any forms.
Community groups are encouraged to notify Moray Council of their interest in an asset transfer. On receipt of a formal Expression of Interest, Officers will:
- check whether the community body is eligible to make a request for the type of transfer involved;
- check whether Moray Council has the right to agree to the type of transfer involved; and
- identify as far as possible, any material considerations to be taken into account when determining the asset transfer request.
This part of the process is designed to help community bodies avoid abortive work and help them prepare for the asset transfer process. Any advice provided will be given on the basis of the professional opinion of the officer(s) concerned, based on the information provided. Any views expressed are not intended to prejudice Moray Council’s determination of any subsequent asset transfer request.
Please complete and return an Expression of Interest form by emailing the Community Asset Transfer team or by post to: Moray Community Asset Transfer Team, Moray Council Offices, High Street, Elgin, IV30 1BX.
The pre-application advice service is a discretionary service that is not covered by community empowerment legislation. It involves providing community groups with feedback on their draft asset transfer requests. Pre-application advice can be an important tool in helping improve outcomes and arriving at earlier determinations of requests.
Any advice provided in response to a request for pre-application advice will be given on the basis of the professional opinion of the officer(s) concerned, based on the information provided. Any views expresses are not intended to prejudice Moray Council’s determination of any subsequent asset transfer request.
Community Asset Transfer Team