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The common good is a fund of money or assets administered by a Scottish local authority in respect of each former burgh within the area of the local authority. Common good is owned by the local authority although it is administered separately from other local authority funds for accounting purposes.
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- Origins of The Common Good
- Identifying Common Good Property
- Use of Funds
- Protected Status
- Power to Dispose
- Community Consultation
The common good property held by local authorities today originates in the common good of a burgh, a concept which has existed for more than 500 years, as the following extract (still in force) from the Common Good Act 1491 demonstrates: “Item it is statut and ordinit that the commoune gud of all our souerane lordis burrowis within the realme be ob...
Until recently, the extent of common good property throughout Scotland was unknown. Many local authorities believed, or reported, that they had hardly any common good property at all. However, in the last decade or so, there has been a growing interest in common good property, and that has led to an awareness of the significant extent, and the valu...
One question which may be asked is what is the “common good” which property within it is required to serve. It appears to me that there must be an argument that, if the item of property has been constituted as common good property for a specific purpose, it should only be used for those purposes, or purposes reasonably closely related to them. This...
In any event, what happens if an authority wants to change the use of the property beyond that permitted by the founding deed (or customary use), or dispose of it? Some older cases suggest that property could be regarded as being removed from the common good with no great difficulty, if the activities concerned could be undertaken elsewhere: Magist...
An authority which seeks to “change the use” (that is, appropriate) or dispose of common good property must therefore rely on the statutory provisions governing the disposal of common good property. These relate to land only, but it is of course land that is the main focus of interest in common good matters. The relevant provisions are to be found ...
Until recently, those provisions of the 1973 Act were the only ones which specifically governed the disposal and use of common good property. However, the Community Empowerment (Scotland) Act 2015, s 104 introduced a consultation process: “Disposal and use of common good property: consultation “(1) Subsection (2) applies where a local authority is ...
Mar 17, 2021 · Any deference here is deference to this distinction and not deference to the executive’s authority to determine the scope of Begum’s rights. The Court respected the executive’s capacity and authority to determine the common good, including questions relating to a threat to national security.
Feb 13, 2020 · Guild v Angus Council, 2020 CSOH 16, appears to be the first judicial consideration of Section 104 of the Community Empowerment (Scotland) Act 2015 which changed - or perhaps more accurately added to - the law of common good. (I explain what common good is in this post .)
Sep 6, 2023 · What might the Common Good Guys advocate at the coming Jarkesy shootout? On one hand, proponents such as Vermeule might support the Court in taking a step back from a further undermining of administrative agency authority.
Sep 14, 2020 · As normally used today, the phrase “common good” refers to those facilities or institutions that all or most members of a community agree are necessary to satisfy certain interests they have in common.
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Jan 22, 2024 · The common good refers to achieving the best possible outcome for the largest number of people, which is underpinned by decision-making that is ethically and morally sound and...
