This webinar will summarise what is, and what is not, common good property, and how local authorities might go about classifying such property to comply with the community empowerment legislation.
The different types of common good property, and in particular, the alienable/inalienable distinction, which is key to understanding the need for court action, will be examined. The requirements for both a common good register and the new need to consult on any proposed ‘change of use’ of common good property, brought in by the Community Empowerment (Scotland) Act 2015 will also be discussed.
The webinar will also cover the recent Inner House judgement in Guild v Angus Council, and what it tells us about accession, and consultation under the 2015 Act.
After attending this webinar, delegates will have gained a greater understanding of the theory behind common good law, and in particular what is, and isn’t, common good property; what common good property requires court consent for disposal; and what the requirements on local authorities are under the new community empowerment legislation.