Service Devolution and Asset Transfer Policy

3.1 The transfer of the responsibility for running a service and/or an asset will broadly be managed through different approaches as set out below. A devolution board will determine the most appropriate arrangement on a case- by-case basis considering any associated legislative frameworks relating to procurement, asset disposal or subsidy control. The different types of arrangement are broadly:

• Service Level Agreement - Where a service is devolved, Buckinghamshire Council may set out a service level agreement on the quality standards and activity expected in return for a devolved budget.
• Freehold Transfer - This is where an asset is permanently transferred to a local organisation subject to any conditions attached.
• Long Term Lease - 25 years or more in relation to a building.
• Short Term Lease or other management arrangement - A lease less than 25 years or a license to occupy or other tenancy agreement.

3.2 There is a policy presumption that where an asset is to be transferred this will be offered on the basis of a long-term lease, rather than freehold or short-term lease arrangements. This is to provide opportunities for the applicant to consider investment in the asset and/or other funding opportunities whilst ensuring that the asset continues to be used for public benefit.

3.3 Short term lease arrangements may be considered under pilot arrangements; however, it is recognised that they may hinder the applicant in planning and investing in a community service without long term certainty.

3.4 Freehold transfers will only be considered where exceptional circumstances exist and where there is a clear benefit of this approach to Buckinghamshire Council and the local community. The final decision on a transfer of freehold will be made by the Council’s Cabinet.