Westminster Policy News & Legislative Analysis

Community Wealth Building (Scotland) Act Starts on 1 October 2026

According to the legislation.gov.uk commencement notice supplied, the Community Wealth Building (Scotland) Act 2026 (Commencement) Regulations 2026 appoint 1 October 2026 as the date on which the remaining provisions of the Act take effect. The Act itself received Royal Assent on 25 March 2026, and its explanatory notes state that only sections 12 to 15 came into force the day after Royal Assent, which meant 26 March 2026. (legislation.gov.uk) In policy terms, this is a short instrument with a narrow legal function. It does not amend the substance of the Act. It brings the operative parts into force. The explanatory notes to the Act say most provisions were intended to be commenced later by regulations laid before the Scottish Parliament, and the Scottish Parliament’s bill page describes the measure as creating a strategic foundation for community wealth building in Scotland. (legislation.gov.uk)

Community wealth building is described by the Scottish Parliament as an approach to economic development focused on ensuring wealth is generated, circulated and retained in local communities. The Scottish Government’s policy page says the 2026 Act is intended to secure more consistent use of that model across Scotland by requiring public bodies to work together and use their economic levers to support resilient local economies. (parliament.scot) The Act requires Scottish Ministers to prepare a community wealth building statement. That statement must set out measures aimed at reducing economic and wealth inequality and supporting sustainable and inclusive growth. The Act lists the kinds of measures that must be covered, including procurement, employment opportunity, workforce development, workplace equality, community ownership of land and assets, bringing vacant and derelict land back into use, support for start-ups, employee ownership, co-operatives, social enterprises, local investment and climate resilience. (legislation.gov.uk)

The practical change on 1 October 2026 is that the statutory timetable begins. Under section 2, Scottish Ministers must publish the community wealth building statement, and lay it before the Scottish Parliament, within 18 months of that section coming into force. Under section 10, they must also issue guidance on action plans and wider community wealth building matters within 18 months. On the face of the Act, commencement on 1 October 2026 therefore points to both of those publication duties falling due by 1 April 2028. (legislation.gov.uk) The same date also starts the clock for local delivery. Section 5 requires each local authority, working jointly with the relevant public bodies for its area, to prepare a community wealth building action plan within three years of commencement. On the current timetable, that places the outside date at 1 October 2029. (legislation.gov.uk)

For councils and public-sector anchor institutions, the most important provisions sit in the action-plan framework. The Act defines the relevant public bodies for each area to include regional colleges, health boards, Scottish Enterprise, South of Scotland Enterprise where applicable, Highlands and Islands Enterprise where applicable, Skills Development Scotland and regional transport partnerships. The Scottish Government’s policy material refers to these bodies as public-sector anchor partners, while Scottish Parliament consultation material describes anchor organisations more broadly as bodies with a large enough local presence to affect economic outcomes. (legislation.gov.uk) Each partnership’s plan must set out the measures it is taking or intends to take in the local economy. It must also include an indicative target for the share of public-contract expenditure that is to go to local economic operators, together with indicators for assessing progress. The explanatory notes make clear that the target relates to the proportion of contract spend directed to local suppliers, while the Act also requires partnerships to consider how common good land and assets can support the legislation’s aims. (legislation.gov.uk)

The Act also sets process duties that will matter to governance teams and public-law advisers. In contributing to an action plan, a local authority must consult persons likely to be directly affected, along with representatives of the community, businesses, the third sector and social enterprises in its area. After publication of the plan, the authority must publish a report explaining the consultation process and how views were taken into account. Authorities may also act jointly across boundaries if they choose to produce a combined plan. (legislation.gov.uk) Implementation is not left at the level of aspiration. Section 9 requires community wealth building partners to implement the measures in their action plan so far as reasonably practicable, and section 8 requires reporting over five-year periods, including the percentage of public-contract spend going to local economic operators and an assessment of progress against the plan’s indicators. (legislation.gov.uk)

A separate part of the Act extends beyond council-led partnerships. The schedule lists specified public bodies including Crown Estate Scotland, Historic Environment Scotland, the chief constable of the Police Service of Scotland, the Scottish Courts and Tribunals Service, the Scottish Environment Protection Agency, the Scottish Fire and Rescue Service, Scottish Water, Scottish National Investment Bank plc and VisitScotland. Under section 11, those bodies must have due regard to Scottish Ministers’ guidance when preparing their corporate plans and delivery strategies. (legislation.gov.uk) That point matters because it shows that the Act is not confined to local economic development teams. It reaches institutions that shape land use, public assets, environmental regulation, tourism, infrastructure and investment. There is, however, an important sequencing point: the duty is tied to guidance issued under section 10, so the legal hook starts on 1 October 2026 but its day-to-day content will become clearer once that guidance has been consulted on and published. (legislation.gov.uk)

For practitioners, the immediate task is not to wait for the first formal plan and then start reading. Procurement, governance, property, economic development and in-house legal teams will need to map the live duties from commencement day, identify the correct partnership bodies for each area, assemble evidence on current contract spend, and prepare an approach to indicators, consultation and common-good assets. The Act’s structure also means corporate planning and strategy teams in listed public bodies should begin checking how future guidance will need to feed into existing planning cycles. (legislation.gov.uk) The public-facing effect is likely to be gradual rather than immediate. The legislation creates duties around planning, consultation, target-setting, reporting and implementation so far as reasonably practicable, rather than conferring an instant right to a contract, a grant or a specific local project. Even so, commencement on 1 October 2026 is a significant step because it moves community wealth building from policy preference to statutory framework across Scotland. (legislation.gov.uk)