Transfer of Assets Baroness Hanham ,
Under Secretary of State, Department of Communities and Local Government
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The Government wants to create a free, fair and responsible society. Putting power in the hands of citizens, neighbourhoods and local councils, enabling them to take it and exercise it for the common good, if they wish.

Transfer of Assets
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Town and parish councils are well placed to …… take more control over where they live.
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Equally we are also aware that town and parish councils do not always feel that they are being supported by their local authorities to take on more services. This must change.

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Transfer of Assets
Principal local authorities have a major role to play in accepting the premises of localism and of decentralising power to local communities; encouraging and supporting neighbourhood planning and actively supporting town and parish councils to play a bigger role in shaping their communities.
As the White Paper update made clear, we will review the implementation of these policies in
2013 to see if further action is needed - including legislation – to help communities realise their local ambitions.
SLCC National Conference 2012

Transfer of Assets – Why Not!
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A variety of impediments had been presented as the reason not to devolve assets. Principally these were based on;
 the premise that the District did not want to release any of its assets,
 it was not considered beneficial to local residents
 and the assets were viewed `the jewels in their crown’ which should not be released.

Transfer of Assets - Benefits
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Recognition of the benefits which could be accrued through devolution which included;
 future financial savings,
 increased local investment and
 greater local empowerment.
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District also sensitive to the support that the Town Council were receiving from local residents.

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Transfer of Assets – Heads of
Terms
The tenure; freehold/leasehold
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The terms under which the asset will be devolved e.g.
 restrictive covenants
 clawback clause (if applicable)
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Special expenses allocated for that asset will cease to be charged by District
Council (it is at the Town Council’s discretion what they wish to raise in tax for the asset)

Transfer of Assets
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Site with intrinsic value – pay and display car park
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Best consideration applies
Decisions ‘scrutinised’
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Negotiated value
Value assessed alongside ‘clawback’

Transfer of Assets – Business
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Case
Evidence that the Town Council will be able to manage and finance the asset in the form of a robust plan. As part of this process the
Town Council must demonstrate that it has:
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The capacity, skills, knowledge (or access to these) to deliver the function e.g.
 managing and maintaining land, buildings and facilities, relevant legislation/ best practice (health and safety, risk management, Landlord and Tenant Act), financial management skills

Transfer of Assets – Business
Case
 awareness of the statutory framework, including procurement, equality of opportunity and employment protection legislation
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The capacity to cover future dilapidation or damage
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Has considered how it will manage any risks e.g. town and village green applications, public safety when using the facility

Transfer of Assets
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Successfully worked with the District
Council to transfer a number of assets which means that our principal priorities are focused around the management of these sites. This will involve;
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Closer community engagement; understanding the needs of local residents and responding to their ambitions and desires

Transfer of Assets
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Improving facilities; auditing what is provided with the objective of adding value
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Investing in the future; understanding the opportunities that the ownership of the asset provides for the community and implementing a strategic approach to its development

Transfer of Assets
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Lord Shipley - Lib-Dem Peer
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…….it is vital that local councils (Principal
Authorities) demonstrate that they are up to the challenge. ….but for this to happen they really must work harder to devolve more to their neighbourhoods (town and parish councils) and enable them to have a greater scrutiny over public service delivery.
LCR Winter 2012