# Historic Environment Scotland Act 2014

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# Historic Environment Scotland Act 2014 

# 2014 asp 19                     

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 4th November 2014 and received Royal Assent                        on 9 December 2014                     

An Act of the Scottish Parliament to establish Historic Environment Scotland; to make minor amendments to the law relating                        to the historic environment; and for connected purposes.                     

## **PART 1**SHISTORIC ENVIRONMENT SCOTLAND

### EstablishmentS

#### 1Historic Environment ScotlandS

(1)A body corporate to be known as Historic Environment Scotland (in Gaelic, Àrainneachd Eachdraidheil na h-Alba) is established.                  

(2)Historic Environment Scotland has the functions conferred on it by or under this Act and any other enactment.                  

(3)Schedule 1 makes further provision about the status, membership, procedures and powers of Historic Environment Scotland.                  

Commencement Information

I1S. 1 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, **art. 2**

I2S. 1 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### General functionsS

#### 2Functions of Historic Environment ScotlandS

(1)Historic Environment Scotland has the general function of investigating, caring for and promoting Scotland's historic environment.                  

(2)In exercising its general function, Historic Environment Scotland has the following particular functions—                  

(a)identifying and recording the historic environment,                  

(b)understanding and interpreting the historic environment,                  

(c)learning about, and educating others about, the historic environment,                  

(d)protecting and managing the historic environment,                  

(e)conserving and enhancing the historic environment.                  

(3)Historic Environment Scotland also has the function of managing its collections as a national resource for reference, study                        and research.                  

(4)In exercising that function, Historic Environment Scotland has the following particular functions—                  

(a)preserving, conserving and developing its collections,                  

(b)making the collections accessible to the public and to persons wishing to carry out study and research,                  

(c)exhibiting and interpreting objects in the collections.                  

(5)Historic Environment Scotland, in exercising its functions, is to do so with a view to—                  

(a)encouraging education and research,                  

(b)promoting and contributing to understanding and enjoyment of the historic environment and of its collections,                  

(c)promoting the diversity of persons accessing the historic environment and its collections,                  

(d)offering and promoting leadership in relation to the historic environment,                  

(e)working in collaboration with other persons (whether in partnership or in other ways),                  

(f)contributing, as appropriate, to the development and delivery of policies and strategies in relation to the historic environment.                  

(6)Historic Environment Scotland may support and assist any other person exercising functions in relation to the historic environment                        of a similar nature to its functions.                  

(7)Support and assistance under subsection (6) may take the form of financial support and assistance.                  

(8)In exercising its functions, Historic Environment Scotland must have regard—                  

(a)to any relevant policy or strategy published by the Scottish Ministers, and                  

(b)as may be appropriate in the circumstances, to the interests of local communities.                  

Commencement Information

I3S. 2 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### Functions in relation to propertyS

#### 3Delegation of functions in relation to properties in careS

(1)The Scottish Ministers may, to such extent and subject to such conditions as they consider appropriate, delegate the exercise                        of any of their functions in relation to properties in care to—                  

(a)Historic Environment Scotland,                  

(b)any prescribed person Ministers consider appropriate.                  

(2)Subsection (1) does not apply to any function of making, confirming or approving subordinate legislation.                  

(3)A function arising from an agreement may be delegated under subsection (1) despite any prohibition or restriction in the agreement                        on delegation of the function.                  

(4)A delegation under subsection (1) may be made in relation to a particular property in care, a group of properties in care                        or all properties in care.                  

(5)Where a function delegated under subsection (1) relates to the making or receiving of charges of any kind, any revenue received                        as a result of the exercise of that function is revenue of the person to whom the function is delegated unless provision to                        the contrary is made in the delegation.                  

(6)The delegation of a function under subsection (1) does not affect—                  

(a)the ability of the Scottish Ministers to exercise the function,                  

(b)their responsibility for that function.                  

(7)Delegations under subsection (1)—                  

(a)must be in writing,                  

(b)may be varied or revoked at any time.                  

(8)The Scottish Ministers must publish delegations under subsection (1).                  

(9)In this section—                  
          -  “functions” includes functions—                          (a)
conferred by or under this Act or any other enactment, or
(b)
arising from any agreement,
 
          -  “prescribed”, in relation to a person to whom the Scottish Ministers may delegate functions under subsection (1)(b), means prescribed                           by Ministers by order,                         
          -  “property in care” has the meaning given by section 4.                         

#### 4Properties in careS

(1)The Scottish Ministers must compile and maintain a list of properties in care in relation to which they may delegate functions                        under section 3(1).                  

(2)The Scottish Ministers may modify the list compiled and maintained under subsection (1) by—                  

(a)including a property in the list,                  

(b)removing a property from the list.                  

(3)The Scottish Ministers must publish the list compiled and maintained under subsection (1).                  

(4)In this section “property in care” means—                  

(a)any heritable property which is of historical, archaeological, architectural or cultural significance or interest, and                  

(b)which is owned or occupied by, under the guardianship of, or otherwise under the management and control of the Scottish Ministers.                  

#### 5Power of entry to investigate the historic environmentS

(1)A person authorised in writing by Historic Environment Scotland may at any reasonable time enter any land for the purpose                        of inspecting the land (including any building or other structure on the land) with a view to identifying and recording any                        matters of historical, archaeological, architectural or cultural significance or interest.                  

(2)But an authorised person may not enter—                  

(a)any land which is occupied unless at least 14 days' notice of the intended entry has been given to the occupier,                  

(b)any building or part of a building occupied as a dwelling house without the consent of the occupier.                  

(3)An authorised person may, on entering any land, take with the person—                  

(a)any other person the authorised person considers appropriate, and                  

(b)any equipment or materials required for any purpose for which the power of entry is being exercised.                  

(4)A person seeking to enter any land in exercise of the power of entry under this section must, if so required by or on behalf                        of the owner or occupier of the land, produce evidence of the person's authority before entering.                  

(5)A person commits an offence if the person without reasonable excuse intentionally obstructs a person exercising the power                        of entry under this section.                  

(6)A person who commits an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the                        standard scale.                  

### Functions in relation to collections and objectsS

#### 6Acquisition, deposit and disposal of objectsS

(1)Historic Environment Scotland may—                  

(a)acquire (by purchase, exchange or gift),                  

(b)accept on deposit,                  

any object which it considers it is desirable to add to its collections.

(2)The powers in subsection (1) are in addition to any other powers or means of acquisition or acceptance on deposit that Historic                        Environment Scotland has.                  

(3)Historic Environment Scotland may dispose of any object from its collections (including any object it has created) if—                  

(a)the object is a duplicate of, or similar to, another object in the collections,                  

(b)Historic Environment Scotland considers that the object is not required for the purposes of the collections,                  

(c)because of damage, deterioration or infestation by destructive organisms, the object is no longer of use for the purposes                        of the collections,                  

(d)the object is hazardous,                  

(e)in any other case, the Scottish Ministers agree to the disposal.                  

(4)Disposal under subsection (3) may be by sale, exchange, gift, return or destruction.                  

(5)The power in subsection (3) is in addition to any other powers of disposal that Historic Environment Scotland has.                  

(6)Where an object is subject to a prohibition or restriction on disposal (including one imposed by virtue of paragraph 5(5)                        of schedule 5), Historic Environment Scotland may dispose of the object under subsection (3) in a manner inconsistent with                        the prohibition or restriction only—                  

(a)if the person having the right to enforce the prohibition or restriction consents,                  

(b)in the circumstances mentioned in subsection (3)(c), if Historic Environment Scotland is unable, despite taking all reasonable                        steps, to ascertain the name and contact details of any person having that right, or                  

(c)in the circumstances mentioned in subsection (3)(d).                  

(7)In this section and in section 7, references to Historic Environment Scotland's collections are to collections which are owned                        by, in the custody of, or otherwise under the management and control of Historic Environment Scotland (but do not include                        collections in relation to which Historic Environment Scotland has functions by virtue of a delegation by the Scottish Ministers                        under section 8).                  

#### 7Borrowing and lending of objectsS

(1)Historic Environment Scotland may borrow or accept loans of objects for the purposes of exhibition, study or research or in                        connection with the exercise of any of its functions.                  

(2)Historic Environment Scotland may lend any object from its collections (including any object it has created).                  

(3)In deciding whether or not to lend an object (and in determining the period for which and the conditions on which the object                        is to be lent), Historic Environment Scotland is to have regard to—                  

(a)the interests of users of the collections,                  

(b)the suitability of the prospective borrower,                  

(c)the purpose of the loan,                  

(d)the physical condition and degree of rarity of the object,                  

(e)any risk to which the object is likely to be exposed and the extent to which that risk can be mitigated or indemnified.                  

(4)The powers in subsections (1) and (2) are in addition to any other powers of borrowing, accepting loans or lending that Historic                        Environment Scotland has.                  

(5)Where an object is subject to a prohibition or restriction on lending (including one imposed by virtue of paragraph 5(5) of                        schedule 5), Historic Environment Scotland may lend the object under subsection (2) in a manner inconsistent with the prohibition                        or restriction only if—                  

(a)the person having the right to enforce the prohibition or restriction consents, or                  

(b)Historic Environment Scotland is unable, despite taking all reasonable steps, to ascertain the name and contact details of                        any person having that right.                  

#### 8Delegation of functions in relation to collectionsS

(1)The Scottish Ministers may, to such extent and subject to such conditions as they consider appropriate, delegate the exercise                        of any of their functions in relation to their collections to—                  

(a)Historic Environment Scotland,                  

(b)any prescribed person Ministers consider appropriate.                  

(2)A function arising from an agreement may be delegated under subsection (1) despite any prohibition or restriction in the agreement                        on delegation of the function.                  

(3)A delegation under subsection (1) may be made in relation to—                  

(a)a particular collection, a group of collections or all collections,                  

(b)a particular object in a collection or a group of objects.                  

(4)Where a function delegated under subsection (1) relates to the making or receiving of charges of any kind, any revenue received                        as a result of the exercise of that function is revenue of the person to whom the function is delegated unless provision to                        the contrary is made in the delegation.                  

(5)The delegation of a function under subsection (1) does not affect—                  

(a)the ability of the Scottish Ministers to exercise the function,                  

(b)their responsibility for that function.                  

(6)Delegations under subsection (1)—                  

(a)must be in writing,                  

(b)may be varied or revoked at any time.                  

(7)The Scottish Ministers must publish delegations under subsection (1).                  

(8)In this section—                  
          -  references to the Scottish Ministers' collections are to collections which are owned by, in the custody of, or otherwise under                           the management and control of the Scottish Ministers,                         
          -  “functions” includes functions—                          (a)
conferred by or under this Act or any other enactment, or
(b)
arising from any agreement,
 
          -  “prescribed”, in relation to a person to whom the Scottish Ministers may delegate functions under subsection (1)(b), means prescribed                           by Ministers by order.                         

### Corporate planningS

#### 9Corporate planS

(1)Historic Environment Scotland must, before the beginning of each planning period, prepare a corporate plan and submit it for                        approval to the Scottish Ministers.                  

(2)The corporate plan must set out—                  

(a)Historic Environment Scotland's main objectives for the planning period,                  

(b)the outcomes by reference to which the achievement of the main objectives may be measured, and                  

(c)the activities which Historic Environment Scotland expects to undertake during the planning period.                  

(3)The Scottish Ministers may approve the corporate plan subject to such modifications as may be agreed between them and Historic                        Environment Scotland.                  

(4)If the Scottish Ministers approve a corporate plan, Historic Environment Scotland must—                  

(a)publish the plan as it considers appropriate, and                  

(b)lay a copy of the plan before the Scottish Parliament.                  

(5)During the planning period to which a corporate plan relates, Historic Environment Scotland may review the plan and submit                        a revised corporate plan to the Scottish Ministers for approval.                  

(6)Subsections (2) to (4) apply to a revised corporate plan as they apply to a corporate plan.                  

(7)In this section “planning period” means—                  

(a)a first period specified by the Scottish Ministers by order, and                  

(b)each subsequent period of 3 years.                  

(8)The Scottish Ministers may by order substitute for the period for the time being specified in subsection (7)(b) such other                        period as they consider appropriate.                  

Commencement Information

I4S. 9 in force at 27.2.2015 by S.S.I. 2015/31, art. 2, **Sch.**

### Grants and loansS

#### 10Grants to Historic Environment Scotland by the Scottish MinistersS

(1)The Scottish Ministers may make grants to Historic Environment Scotland.                  

(2)In addition to any grants made under subsection (1), the Scottish Ministers may make grants to Historic Environment Scotland                        for particular purposes.                  

(3)Grants under this section are subject to such terms and conditions (including as to repayment) as the Scottish Ministers may                        determine.                  

#### 11Grants and loans by Historic Environment ScotlandS

(1)Historic Environment Scotland may make grants and loans to such persons as it considers appropriate—                  

(a)for the purposes of, or in connection with, the exercise of its functions,                  

(b)where it appears to be conducive to the exercise of its functions.                  

(2)A grant or loan under subsection (1) is subject to such terms and conditions (including as to repayment) as Historic Environment                        Scotland may determine.                  

(3)A grant or loan under subsection (1) must be in accordance with any general authorisation given by the Scottish Ministers                        to Historic Environment Scotland as to the making of such grants and loans.                  

### Advice and directionsS

#### 12Advice, information and assistanceS

(1)Historic Environment Scotland must provide the Scottish Ministers with advice, information and assistance on any matter relating                        to its functions when, and in the manner, Ministers require.                  

(2)Historic Environment Scotland may provide such advice, information and assistance at any other time.                  

(3)Historic Environment Scotland may provide advice, information and assistance relating to the historic environment to any other                        person.                  

Commencement Information

I5S. 12 in force at 27.2.2015 by S.S.I. 2015/31, art. 2, **Sch.**

#### 13Directions and guidanceS

(1)The Scottish Ministers may give Historic Environment Scotland directions (of a general or specific nature) about the exercise                        of its functions.                  

(2)But the Scottish Ministers may not give Historic Environment Scotland directions as to the exercise of its functions in relation                        to—                  

(a)any particular historic property, collection or object,                  

(b)the making of grants or loans under section 11.                  

(3)Subsection (2)(a) does not apply in relation to the exercise of functions which Historic Environment Scotland has by virtue                        of a delegation by the Scottish Ministers under section 3 or 8.                  

(4)Historic Environment Scotland must—                  

(a)comply with any directions given to it by the Scottish Ministers under this section,                  

(b)have regard to any guidance issued by the Scottish Ministers in relation to the exercise of its functions.                  

(5)A direction under this section is to be given in writing.                  

(6)The Scottish Ministers must publish directions given or guidance issued under this section.                  

(7)The Scottish Ministers may vary or revoke any direction given under this section.                  

(8)In subsection (2)(a) “historic property” means a heritable property which is of historical, archaeological, architectural or cultural significance or interest.                  

Commencement Information

I6S. 13 in force at 27.2.2015 by S.S.I. 2015/31, art. 2, **Sch.**

### InterpretationS

#### 14Interpretation of Part 1S

In this Part—
          -  “collection” means a collection of objects,                         
          -  “object” means an object, document or other thing having historical, archaeological, architectural or cultural significance or interest                           relating to the historic environment generally or with particular reference to Scotland, and                         
          -  “property in care” has the meaning given by section 4.                         

Commencement Information

I7S. 14 in force at 27.2.2015 by S.S.I. 2015/31, art. 2, **Sch.**

## **PART 2**SFUNCTIONS IN RELATION TO SCHEDULED MONUMENTS

### 15Historic Environment Scotland's functions in relation to scheduled monumentsS

Schedule 2 makes provision for Historic Environment Scotland's functions in relation to scheduled monuments (within the meaning                     of the 1979 Act) as well as making other modifications as follows—                  
          -  Part 1 has the effect of conferring on Historic Environment Scotland the function of compiling and maintaining the schedule                           of monuments under the 1979 Act,                         
          -  Part 2—  (a)
has the effect of conferring on Historic Environment Scotland functions in relation to the grant, modification and revocation                                    of scheduled monument consents,                                 
(b)
modifies the functions of the Scottish Ministers in relation to modification and revocation of such consents, and
(c)
makes other consequential modifications, including to the procedure for applications for the grant, modification and revocation                                    of such consents,                                 
 
          -  Part 3 has the effect of conferring on Historic Environment Scotland functions in relation to scheduled monument enforcement                           notices,                         
          -  Part 4 has the effect of conferring on Historic Environment Scotland functions in relation to stop notices and temporary stop                           notices,                         
          -  Part 5 makes provision—  (a)
for appeals from decisions of Historic Environment Scotland to the Scottish Ministers, and
(b)
for the referral of applications for and related to scheduled monument consent from Historic Environment Scotland to the Scottish                                    Ministers,                                 
 
          -  Part 6 has the effect of conferring on Historic Environment Scotland the function of compiling and maintaining the inventory                           of gardens and designed landscapes and the inventory of battlefields,                         
          -  Part 7 makes other modifications of the 1979 Act in relation to Historic Environment Scotland's functions under that Act. 

Commencement Information

I8S. 15 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

## **PART 3**SFUNCTIONS IN RELATION TO LISTING AND CONSERVATION

### 16Historic Environment Scotland's functions in relation to listed buildingsS

Schedule 3 makes provision for Historic Environment Scotland's functions in relation to listed buildings and conservation                     areas (within the meaning of the 1997 Act) as well as making other modifications as follows—                  
          -  Part 1 has the effect of conferring on Historic Environment Scotland the function of compiling or approving lists of buildings                           of special architectural or historic interest,                         
          -  Part 2 has the effect of conferring on Historic Environment Scotland functions in relation to the grant, modification and                           revocation of listed building consent,                         
          -  Part 3 has the effect of conferring on Historic Environment Scotland functions in relation to conservation areas, 
          -  Part 4 makes provision for appeals from decisions of Historic Environment Scotland to the Scottish Ministers, 
          -  Part 5 makes other modifications of the 1997 Act in relation to Historic Environment Scotland's functions under that Act. 

Commencement Information

I9S. 16 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

## **PART 4**SFUNCTIONS IN RELATION TO THE MARINE ENVIRONMENT

### 17Historic Environment Scotland's functions in relation to the marine environmentS

Schedule 4 modifies the Marine (Scotland) Act 2010 (asp 5) to make provision for Historic Environment Scotland's functions                     in relation to the marine environment.                  

## **PART 5**SDISSOLUTION OF RCAHMS AND TRANSFER OF STAFF ETC. TO HISTORIC ENVIRONMENT SCOTLAND

### 18Dissolution of RCAHMSS

The Royal Commission on the Ancient and Historical Monuments of Scotland is dissolved.

### 19Transfer of staff and property to Historic Environment ScotlandS

Schedule 5 contains provision about the transfer to Historic Environment Scotland of staff and property of the Royal Commission                     on the Ancient and Historical Monuments of Scotland and of the Executive Agency of the Scottish Ministers known as Historic                     Scotland.                  

Commencement Information

I10S. 19 in force at 27.2.2015 by S.S.I. 2015/31, art. 2, **Sch.**

## **PART 6**SFURTHER MODIFICATIONS IN RELATION TO THE HISTORIC ENVIRONMENT

### Grants and loansS

#### 20Grants and loans by the Scottish MinistersS

(1)The Historic Buildings and Ancient Monuments Act 1953 (c.49) is amended as follows.                  

(2)In section 4 (grants for preservation of historic buildings etc.)—                  

(a)in subsection (1) “outstanding” in each place is repealed,                  

(b)after that subsection insert—                  

“(1A)The power conferred by subsection (1) to make grants for the purposes mentioned includes power to make loans for those purposes.”,                  

(c)in subsection (3) after “grant” in both places insert “ or loan ”,                  

(d)after subsection (4) insert—                  

“(5)A grant or loan made under this section is to be made on such terms and conditions (including as to repayment and, in the                           case of a loan, payment of interest) as the Scottish Ministers may determine.”,                  

(e)the title to the section becomes “ **Grants and loans for preservation of historic buildings etc.** ”.                  

(3)In the 1979 Act, in section 45A (grants and loans for the development and understanding of matters of historic etc. interest)                        subsection (3) is repealed.                  

### Scheduled monumentsS

#### 21Local inquiries in relation to scheduled monuments etc.S

(1)The 1979 Act is amended as follows.                  

(2)After section 23 (annual reports of Ancient Monuments Boards) insert—                  

##### “Local inquiriesS

###### 23ALocal inquiries

(1)The Scottish Ministers may hold a local inquiry for the purposes of the exercise of any of their functions under this Part                           of this Act.                  

(2)The Scottish Ministers must appoint a person to hold the inquiry and to report on it to them.                  

(3)Subsections (4) to (13) of section 265 of the Town and Country Planning (Scotland) Act 1997 (c.8) apply to an inquiry held                           by virtue of subsection (1) as they apply to an inquiry held by virtue of subsection (1) of that section.                  

###### 23BLocal inquiries: further provision

(1)The Scottish Ministers may by regulations make provision as to the procedure to be followed in connection with inquiries or                           hearings conducted under or by virtue of this Act.                  

(2)Regulations under subsection (1) may in particular make provision—                  

(a)about the notification of an inquiry or hearing,                  

(b)about the manner in which an inquiry or hearing is to be conducted,                  

(c)as to procedure in connection with matters preparatory to such inquiries or hearings and in connection with matters subsequent                           to them.”.                  

Commencement Information

I11S. 21 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### Listed buildingsS

#### 22Meaning of “listed building”S

(1)The 1997 Act is amended as follows.                  

(2)In section 1 (listing of buildings of special architectural or historic interest)—                  

(a)in subsection (4) after “shall” insert “ , subject to subsection (4A), ”,                  

(b)after that subsection insert—                  

“(4A)In a list compiled or approved under this section, an entry for a building may provide—                  

(a)that an object or structure mentioned in subsection (4)(a) or (b) is not to be treated as part of the building for the purposes                           of this Act,                  

(b)that any part or feature of the building is not of special architectural or historic interest.”.                  

#### 23Applications for listed building consentS

(1)The 1997 Act is amended as follows.                  

(2)In section 12 (duty to notify Scottish Ministers of applications)—                  

(a)in subsection (1) after “shall” insert “ , where subsection (1A) applies, ”,                  

(b)after that subsection insert—                  

“(1A)This subsection applies where—                  

(a)regulations, or                  

(b)directions given to planning authorities by the Scottish Ministers,                  

provide that the application must be so notified.                  

(1B)Directions under subsection (1A)(b) may be given to—                  

(a)planning authorities generally,                  

(b)a particular planning authority, or                  

(c)a description of planning authority.”.                  

(3)In section 13 (directions concerning notification of applications etc.)—                  

(a)subsections (1) and (2) are repealed,                  

(b)in subsection (4) “(1) or” is repealed.                  

(4)In section 14 (decision on application for listed building consent) after subsection (2) insert—                  

“(2A)A planning authority, if minded to grant listed building consent for any works—                  

(a)must consider imposing a condition specified in, or of a nature indicated in, directions given to them by the Scottish Ministers,                           and                  

(b)must not grant such consent without first satisfying the Scottish Ministers that such consideration has been given and that                           such a condition either will be imposed or is not needed.”.                  

Commencement Information

I12S. 23 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### Conservation areasS

#### 24Control of demolitionS

(1)The 1997 Act is amended as follows.                  

(2)In section 66 (control of demolition in conservation areas) in subsection (2) for paragraphs (a) and (b) substitute—                  

“(a)the planning authority, or                  

(b)the Scottish Ministers.”.                  

## **PART 7**SFINAL PROVISIONS

### InterpretationS

#### 25InterpretationS

In this Act—
          -  “1979 Act” means the Ancient Monuments and Archaeological Areas Act 1979 (c.46),                         
          -  “1997 Act” means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9).                         

### Subordinate legislationS

#### 26Subordinate legislationS

(1)Orders under this Act are subject to the negative procedure.                  

(2)Subsection (1) does not apply to—                  

(a)orders for which provision is made in subsection (3),                  

(b)orders under section 31(2).                  

(3)Orders under—                  

(a)section 3(9),                  

(b)section 8(8),                  

(c)section 27(1) which add to, replace or omit the text of an Act,                  

are subject to the affirmative procedure.

### Ancillary provisionS

#### 27Ancillary provisionS

(1)The Scottish Ministers may by order make such incidental, supplementary, consequential, transitional, transitory or saving                        provision as they consider appropriate for the purposes of, in connection with, or for giving full effect to, this Act or                        any provision of it.                  

(2)An order under subsection (1) may modify any enactment (including this Act).                  

### Consequential modificationsS

#### 28Consequential modificationsS

Schedule 6 contains amendments and repeals consequential on the establishment of Historic Environment Scotland.

Commencement Information

I13S. 28 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### Crown applicationS

#### 29Crown application: criminal offencesS

(1)No contravention by the Crown of section 5(5) makes the Crown criminally liable.                  

(2)But the Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission of the Crown which                        constitutes such a contravention.                  

(3)Despite subsection (1), this Act applies to persons in the public service of the Crown as it applies to other persons.                  

#### 30Crown application: powers of entryS

(1)A power of entry conferred by or under this Act is exercisable in relation to Crown land only with the consent of the appropriate                        authority.                  

(2)The following table determines what is “Crown land” and who the “appropriate authority” is in relation to each kind of Crown                        land.                  

(3)“Government department” means a department of the Government of the United Kingdom.                  

(4)References to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates                        Act 1862 (c.37).                  

### Commencement and short titleS

#### 31CommencementS

(1)This section and sections 25 to 27, 29, 30 and 32 come into force on the day after Royal Assent.                  

(2)The other provisions of this Act come into force on such day as the Scottish Ministers may, by order, appoint.                  

(3)An order under subsection (2) may include transitional, transitory or saving provision.                  

#### 32Short titleS

The short title of this Act is the Historic Environment Scotland Act 2014.

## SCHEDULE 1SHISTORIC ENVIRONMENT SCOTLAND

 (introduced by section 1(3))

### StatusS

1(1)Historic Environment Scotland is not a servant or agent of the Crown.S

(2)It does not enjoy any status, immunity or privilege of the Crown.

(3)Its property is not property of, or property held on behalf of, the Crown.

(4)Its members and staff are not to be regarded as civil servants.

Commencement Information

I14Sch. 1 para. 1 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, **art. 2**

I15Sch. 1 para. 1 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### MembershipS

2(1)Historic Environment Scotland is to consist of no fewer than 10 and no more than 15 persons appointed by the Scottish Ministers                        as members.S

(2)The Scottish Ministers are to appoint one of those members to chair Historic Environment Scotland.

(3)The Scottish Ministers must appoint as members only persons who they consider to have the skills and expertise relevant to                        the functions of Historic Environment Scotland.

(4)The Scottish Ministers must, when making appointments under sub-paragraph (1), do so in a manner which encourages equal opportunities                        and in particular the observance of the equal opportunity requirements.

(5)A member holds and vacates office in accordance with terms and conditions determined by the Scottish Ministers.

(6)A member may resign by written notice to the Scottish Ministers.

(7)The Scottish Ministers may reappoint as a member a person who is (or has been) a member.

(8)The Scottish Ministers may by order amend sub-paragraph (1) to substitute for the minimum or maximum number of members for                        the time being specified such other number or numbers of members.

(9)In sub-paragraph (4) “equal opportunities” and “equal opportunity requirements” have the same meanings as in Section L2 (equal opportunities) of Part II of schedule 5 to the Scotland Act 1998 (c.46).

Commencement Information

I16Sch. 1 para. 2 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, **art. 2**

I17Sch. 1 para. 2 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### Persons disqualified from membershipS

3SThe following persons may not be appointed as (and may not continue to be) members of Historic Environment Scotland—

(a)members of the House of Commons,

(b)members of the House of Lords,

(c)members of the Scottish Parliament,

(d)members of the European Parliament.

Commencement Information

I18Sch. 1 para. 3 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, **art. 2**

I19Sch. 1 para. 3 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### Removal of membersS

4(1)The Scottish Ministers may, by written notice, revoke the appointment of a person as a member of Historic Environment Scotland                        if—S

(a)the person becomes insolvent,

(b)the person has been absent, without reasonable excuse, from 3 consecutive meetings of Historic Environment Scotland,

(c)the person is otherwise unfit to be a member or unable for any reason to discharge the person's functions as member.

(2)A person becomes insolvent when—

(a)the person's estate is sequestrated,

(b)the person grants a trust deed for creditors or makes a composition or arrangement with creditors,

(c)a voluntary arrangement proposed by the person is approved,

(d)the person's application for a debt payment programme is approved under section 2 of the Debt Arrangement and Attachment (Scotland)                        Act 2002 (asp 17),

(e)the person is adjudged bankrupt, or

(f)the person becomes subject to any other kind of order or arrangement analogous to those described in paragraphs (a) to (e)                        anywhere in the world.

Commencement Information

I20Sch. 1 para. 4 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, **art. 2**

I21Sch. 1 para. 4 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### Remuneration, allowances and expenses of membersS

5SHistoric Environment Scotland must pay each member such remuneration, allowances and expenses as the Scottish Ministers may                        determine.

Commencement Information

I22Sch. 1 para. 5 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, **art. 2**

I23Sch. 1 para. 5 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### Chief executive and staffS

6(1)Historic Environment Scotland is to employ a person as chief executive.S

(2)The person employed as chief executive may not be a member of Historic Environment Scotland.

(3)The chief executive is to be appointed—

(a)by Historic Environment Scotland with the approval of the Scottish Ministers,

(b)on terms and conditions determined by it and approved by the Scottish Ministers.

(4)Historic Environment Scotland may employ any other staff necessary for the exercise of its functions.

(5)Staff of Historic Environment Scotland are to be employed on terms and conditions determined by it and approved by the Scottish                        Ministers.

Commencement Information

I24Sch. 1 para. 6 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, **art. 2**

I25Sch. 1 para. 6 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### Pensions, allowances and gratuitiesS

7(1)Historic Environment Scotland may, with the approval of the Scottish Ministers, make provision about such pensions, allowances                        or gratuities in respect of any person who is or has been an employee of Historic Environment Scotland as it may determine.S

(2)That provision may take the form of—

(a)payment (or making arrangements for the payment) of,

(b)payments or contributions towards the provision of,

(c)providing and maintaining schemes (whether contributory or not) for the payment of,

such pensions, allowances or gratuities.

(3)Those pensions, allowances or gratuities may include pensions, allowances or gratuities by way of compensation for loss of                        office.

Commencement Information

I26Sch. 1 para. 7 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, **art. 2**

I27Sch. 1 para. 7 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### CommitteesS

8(1)Historic Environment Scotland may establish committees for any purpose relating to its functions.S

(2)Historic Environment Scotland is to determine the composition of its committees.

(3)Historic Environment Scotland may appoint a person who is not a member of Historic Environment Scotland to be a member of                        a committee.

(4)But such a person is not entitled to vote at meetings of the committee.

(5)A committee must comply with any directions given to it by Historic Environment Scotland.

Commencement Information

I28Sch. 1 para. 8 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, **art. 2**

I29Sch. 1 para. 8 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### Procedure and meetingsS

9(1)Historic Environment Scotland may determine its own procedures and those of its committees, including the quorum at any meeting                        of it or of a committee.S

(2)The following persons may attend and take part in any meeting of Historic Environment Scotland or of a committee—

(a)members of the Scottish Government,

(b)persons authorised by the Scottish Ministers.

(3)The persons mentioned in sub-paragraph (2) are not entitled to vote at such meetings.

Commencement Information

I30Sch. 1 para. 9 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, **art. 2**

I31Sch. 1 para. 9 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### Delegation of functionsS

10(1)Historic Environment Scotland may authorise any of the following to exercise such of its functions (and to such extent) as                        it may determine—S

(a)a member,

(b)any of its committees,

(c)the chief executive,

(d)any other employee.

(2)But Historic Environment Scotland may not authorise the function of approving annual reports and accounts to be exercised                        by any other person.

(3)Nothing in sub-paragraph (1) affects the responsibility of Historic Environment Scotland for the exercise of its functions.

Commencement Information

I32Sch. 1 para. 10 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, **art. 2**

I33Sch. 1 para. 10 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### Validity of proceedings and actionsS

11SThe validity of proceedings or actions of Historic Environment Scotland (or of a committee) is not affected by—

(a)any vacancy in the membership of Historic Environment Scotland or of the committee,

(b)any defect in the appointment of a member of Historic Environment Scotland or of the committee,

(c)the disqualification of a person as such a member after appointment.

Commencement Information

I34Sch. 1 para. 11 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, **art. 2**

I35Sch. 1 para. 11 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### General powersS

12(1)Historic Environment Scotland may do anything which appears to it—S

(a)to be necessary or expedient for the purposes of, or in connection with, the exercise of its functions,

(b)to be conducive to the exercise of those functions.

(2)In particular, Historic Environment Scotland may—

(a)enter into contracts,

(b)borrow money from the Scottish Ministers or, with the approval of the Scottish Ministers, from other persons,

(c)enter into any business or undertaking,

(d)form, promote or acquire (whether alone or with others) companies (within the meaning of the Companies Act 2006 (c.46)),

(e)enter into joint ventures with others,

(f)undertake or execute any charitable trust,

(g)invest sums not immediately required in relation to the exercise of its functions,

(h)accept gifts of money and other property,

(i)obtain advice or assistance from any person who is, in Historic Environment Scotland's opinion, qualified to give it,

(j)carry out or commission research,

(k)issue publications,

(l)make charges in connection with the exercise of its functions (including charges for the provision of goods and services).

(3)Historic Environment Scotland may not acquire and dispose of land without the consent of the Scottish Ministers.

(4)In sub-paragraph (2)(f) a trust is a charitable trust if all its purposes are charitable purposes within the meaning of section                        7(2) of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10).

(5)In sub-paragraph (2)(l) the reference to Historic Environment Scotland's functions does not include functions it has by virtue                        of a delegation by the Scottish Ministers under section 3 or 8.

Commencement Information

I36Sch. 1 para. 12 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, **art. 2**

I37Sch. 1 para. 12 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### AccountsS

13(1)Historic Environment Scotland must—S

(a)keep proper accounts and accounting records,

(b)prepare in respect of each financial year a statement of accounts, and

(c)send a copy of the statement to the Scottish Ministers.

(2)Historic Environment Scotland must comply with any directions which the Scottish Ministers give it in relation to the matters                        mentioned in sub-paragraph (1).

(3)Historic Environment Scotland must send the statement of accounts to the Auditor General for Scotland for auditing.

Commencement Information

I38Sch. 1 para. 13 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, **art. 2**

I39Sch. 1 para. 13 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### ReportsS

14(1)As soon as practicable after the end of each financial year, Historic Environment Scotland must prepare a report—S

(a)providing information on the exercise of its functions during that year,

(b)containing any other information that the Scottish Ministers require, and

(c)including a copy of the statement of accounts for that year audited by the Auditor General for Scotland.

(2)Historic Environment Scotland must—

(a)send a copy of the report to the Scottish Ministers, and

(b)publish the report.

(3)The Scottish Ministers must lay a copy of the report before the Scottish Parliament.

(4)Historic Environment Scotland may publish such other reports and information on matters relevant to its functions as it considers                        appropriate.

Commencement Information

I40Sch. 1 para. 14 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, **art. 2**

I41Sch. 1 para. 14 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

## SCHEDULE 2SFUNCTIONS OF HISTORIC ENVIRONMENT SCOTLAND IN RELATION TO SCHEDULED MONUMENTS

 (introduced by section 15)

### **PART 1**SSCHEDULE OF MONUMENTS

1SThe 1979 Act is amended as follows.

Commencement Information

I42Sch. 2 para. 1 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

2SIn section 1 (Schedule of monuments)—

(a)in subsection (1)—

(i)for “The Secretary of State” substitute “ Historic Environment Scotland ”,

(ii)for “he” substitute “ it ”,

(b)in subsection (3)—

(i)for first “the Secretary of State” substitute “ Historic Environment Scotland ”,

(ii)for “him” substitute “ it ”,

(c)in subsection (4) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

(d)in subsection (5) for “The Secretary of State” substitute “ Historic Environment Scotland ”,

(e)for subsection (6) substitute—

“(6)Where Historic Environment Scotland—                  

(a)includes a monument in the Schedule under subsection (3),                  

(b)amends the entry in the Schedule relating to a monument, or                  

(c)excludes a monument from the Schedule,                  

it must notify such persons as may be prescribed in such form and manner, and within such time, as may be prescribed of the                        action taken.”,                  

(f)subsections (7) and (8) are repealed,

(g)in subsection (10)(b) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

Commencement Information

I43Sch. 2 para. 2 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

3SAfter section 1A (Commission's functions as to informing and publishing) insert—

#### “1BPublication of the Schedule

(1)Historic Environment Scotland must—                  

(a)publish the Schedule compiled and maintained under section 1, and any amendments of the Schedule, and                  

(b)make the Schedule available for public inspection,                  

in such manner as may be prescribed.                  

(2)The Scottish Ministers may by regulations make further provision for—                  

(a)the publication of the Schedule,                  

(b)the making of the Schedule available for public inspection,                  

(c)the notification of the inclusion of a monument in, the amendment of an entry relating to a monument in or the exclusion of                           a monument from the Schedule.”.                  

Commencement Information

I44Sch. 2 para. 3 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### **PART 2**SSCHEDULED MONUMENT CONSENT

4SThe 1979 Act is further amended as follows.

Commencement Information

I45Sch. 2 para. 4 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

5SIn section 2 (control of works affecting scheduled monuments)—

(a)in subsection (3)(a) after “State” insert “ or Historic Environment Scotland ”,

(b)in subsection (3A) for paragraph (b) substitute—

“(b)consent for the retention of the works is granted by the Scottish Ministers or by Historic Environment Scotland,”,                  

(c)in subsection (5) in paragraph (b) and in the fullout for “the Secretary of State” in each place substitute “ Historic Environment Scotland ”,

(d)after that subsection insert—

“(5A)The conditions that may be attached to scheduled monument consent under subsection (4) include a condition reserving specified                           details of the works (whether or not set out in the application for consent) for subsequent approval by Historic Environment                           Scotland.”,                  

(e)in subsection (9) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

Commencement Information

I46Sch. 2 para. 5 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

6SAfter section 3 (grant of scheduled monument consent by order of the Scottish Ministers) insert—

#### “3AApplication for variation or discharge of conditions

(1)Any person interested in a scheduled monument in relation to which scheduled monument consent has been granted subject to                           conditions may apply to Historic Environment Scotland for the variation or discharge of the conditions.                  

(2)The application must indicate what variation or discharge of conditions is applied for and Part 1 of schedule 1 applies to                           such an application as it applies to an application for scheduled monument consent.                  

(3)Historic Environment Scotland or, as the case may be, the Scottish Ministers may, on such an application—                  

(a)vary or discharge the conditions attached to the consent (whether or not the application relates to the condition varied or                           discharged),                  

(b)add new conditions consequential upon the variation or discharge.”.                  

Commencement Information

I47Sch. 2 para. 6 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

7SIn section 4 (duration, modification and revocation of scheduled monument consent)—

(a)for subsections (3) and (4) substitute—

“(3)If it appears to Historic Environment Scotland that it is expedient to modify or revoke a scheduled monument consent, it may                           by order under this section modify or revoke the consent to such extent as it considers expedient.                  

(4)The power conferred by subsection (3) to modify or revoke a scheduled monument consent in relation to any works may be exercised                           at any time before those works have been completed, but the modification or revocation does not affect so much of those works                           as has been previously carried out.”,                  

(b)in subsection (5) for “directions” substitute “ orders ”.

Commencement Information

I48Sch. 2 para. 7 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

8SAfter that section insert—

#### “4AModification and revocation of scheduled monument consent by Scottish Ministers

(1)If it appears to the Scottish Ministers that it is expedient to modify or revoke a scheduled monument consent, they may by                           order under this section modify or revoke the consent to such extent as they consider expedient.                  

(2)The Scottish Ministers may not make an order under this section without consulting Historic Environment Scotland.                  

(3)Where the Scottish Ministers propose to make such an order, they must serve notice on—                  

(a)the owner of the scheduled monument affected,                  

(b)where the owner is not the occupier of the monument, the occupier, and                  

(c)any other person who in their opinion will be affected by the order.                  

(4)The notice must specify the period (which must not be less than 28 days after its service) within which any person on whom                           it is served may require an opportunity of appearing before and being heard by a person appointed by the Scottish Ministers                           for the purpose.                  

(5)If within that period a person on whom the notice is served so requires, the Scottish Ministers must, before they make the                           order, give such an opportunity both to that person and to Historic Environment Scotland.                  

(6)The power conferred by this section to modify or revoke a scheduled monument consent in relation to any works may be exercised                           at any time before those works have been completed, but the modification or revocation does not affect so much of those works                           as has been previously carried out.                  

(7)An order under this section has effect as if it had been made by Historic Environment Scotland under section 4 and confirmed                           by the Scottish Ministers under paragraph 10 of Part 2 of schedule 1.”.                  

Commencement Information

I49Sch. 2 para. 8 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

9SIn section 5(1) (execution of works for preservation of a scheduled monument in cases of urgency)—

(a)for “the Secretary of State” substitute “ Historic Environment Scotland ”,

(b)for “he” substitute “ it ”,

(c)for “his” substitute “ its ”.

Commencement Information

I50Sch. 2 para. 9 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

10SIn section 6 (powers of entry for inspection of scheduled monuments)—

(a)in subsection (1) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

(b)in subsection (2) after “State” in both places insert “ or Historic Environment Scotland ”,

(c)in subsection (3) after “State” insert “ or Historic Environment Scotland ”,

(d)in subsection (3A) after “Ministers” insert “ or Historic Environment Scotland ”,

(e)in subsection (4) after “State” insert “ or Historic Environment Scotland ”,

(f)in subsection (5) after “State” in both places insert “ or Historic Environment Scotland ”.

Commencement Information

I51Sch. 2 para. 10 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

11SIn section 7 (compensation for refusal of scheduled monument consent)—

(a)in subsection (1) for “the Secretary of State” substitute “ Historic Environment Scotland or, where the Scottish Ministers refused the scheduled monument consent or granted it subject                           to conditions, Ministers ”,

(b)in subsection (3) for “the Secretary of State's” substitute “Historic Environment Scotland's or, as the case may be, the Scottish                        Ministers'”,

(c)in subsection (6)(b) for “the Secretary of State” substitute “ Historic Environment Scotland or, as the case may be, the Scottish Ministers ”.

Commencement Information

I52Sch. 2 para. 11 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

12SIn section 8 (recovery of compensation under section 7 on subsequent grant of consent)—

(a)in subsection (1) after “State” in both places insert “ or Historic Environment Scotland ”,

(b)in subsection (2A)(b) after “State” insert “ or Historic Environment Scotland ”,

(c)in subsection (3)—

(i)after “State” in each place insert “ or Historic Environment Scotland ”,

(ii)after “his” in both places insert “ or its ”,

(d)in subsection (4) after “State” insert “ or Historic Environment Scotland ”.

Commencement Information

I53Sch. 2 para. 12 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

13SIn section 9(1) (compensation where works cease to be authorised) after “State” insert “ or Historic Environment Scotland ”.

Commencement Information

I54Sch. 2 para. 13 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

14(1)Part 1 of schedule 1 (applications for scheduled monument consent) is amended as follows.S

(2)In paragraph 1(1) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

(3)In paragraph 2(1) for “The Scottish Ministers” substitute “ Historic Environment Scotland ”.

(4)In paragraph 2B—

(a)in sub-paragraph (1) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”,

(b)in sub-paragraph (2)(a)—

(i)after “received,” insert “ Historic Environment Scotland has or ”,

(ii)after “refused” insert “ or the Scottish Ministers have dismissed an appeal against the refusal of, or an appeal under section 4B(3) in respect of,                           ”,

(c)in sub-paragraph (2)(b)—

(i)for “their” substitute “ its ”,

(ii)after “refused” insert “ or the appeal was dismissed ”,

(d)in sub-paragraph (4) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”.

(5) After that paragraph insert—

“2C(1)If Historic Environment Scotland, on an application to it for scheduled monument consent, intends to grant that consent, it                           must, where sub-paragraph (2) applies, first notify the Scottish Ministers of the application.                  

(2)This sub-paragraph applies where—                  

(a)regulations, or                  

(b)directions given to Historic Environment Scotland by the Scottish Ministers,                  

provide that the application must be so notified.                  

(3)The Scottish Ministers may within the period of 28 days beginning with the date of the notification—                  

(a)direct the reference of the application to them under section 3B, or                  

(b)give notice to Historic Environment Scotland that they require further time in which to consider whether to require such a                           reference.                  

(4)Historic Environment Scotland must not grant scheduled monument consent until—                  

(a)the period mentioned in sub-paragraph (3) has expired without the Scottish Ministers directing the reference of the application                           to them or giving notice under paragraph (b) of that sub-paragraph, or                  

(b)the Scottish Ministers have notified Historic Environment Scotland that they do not intend to require the reference of the                           application.                  

2DThe Scottish Ministers may give directions to Historic Environment Scotland requiring it, in such cases or classes of case                           as may be specified in the directions, to notify to Ministers and to such other persons as may be so specified—

(a)any applications made to it for scheduled monument consent, and                  

(b)the decisions taken on those applications.”.                  

(6)In paragraph 3—

(a)in sub-paragraph (1) after “State” insert “ or Historic Environment Scotland ”,

(b)for sub-paragraphs (2) and (3) substitute—

“(2)The Scottish Ministers may by regulations make provision for the procedure to be followed by Historic Environment Scotland                           in considering and determining applications for scheduled monument consent.”,                  

(c)in sub-paragraph (4)—

(i)after “State” insert “ or, as the case may be, Historic Environment Scotland ”,

(ii)for “his” substitute “ the ”,

(iii)“to him” is repealed.

(7)Paragraph 4 is repealed.

Commencement Information

I55Sch. 2 para. 14 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

15SIn Part 2 of schedule 1 (modification and revocation of scheduled monument consent)—

(a)paragraphs 5 to 9 are repealed,

(b)after paragraph 9 insert—

“10(1)Except as provided for in paragraph 11, an order made by Historic Environment Scotland under section 4 modifying or revoking                           a scheduled monument consent does not take effect unless it is confirmed by the Scottish Ministers.                  

(2)Where Historic Environment Scotland submits an order to the Scottish Ministers for confirmation, it must serve notice on—                  

(a)the owner of the scheduled monument affected,                  

(b)where the owner is not the occupier of the monument, the occupier, and                  

(c)any other person who in its opinion will be affected by the order.                  

(3)The notice must specify the period (which must not be less than 28 days after its service) within which any person on whom                           it is served may require an opportunity of appearing before and being heard by a person appointed by the Scottish Ministers                           for the purpose.                  

(4)If within that period a person on whom the notice is served so requires, the Scottish Ministers must, before they confirm                           the order, give such an opportunity both to that person and to Historic Environment Scotland.                  

(5)The Scottish Ministers may confirm any such order submitted to them either without modification or subject to such modifications                           as they consider expedient.                  

11(1)Where sub-paragraph (2) applies, Historic Environment Scotland—                  

(a)need not submit the order under section 4 modifying or revoking the scheduled monument consent to the Scottish Ministers for                           approval,                  

(b)must instead take the steps mentioned in sub-paragraph (3).                  

(2)This sub-paragraph applies where—                  

(a)the owner of the scheduled monument affected,                  

(b)where the owner is not the occupier of the monument, the occupier, and                  

(c)all other persons who in Historic Environment Scotland's opinion will be affected by the order,                  

have notified Historic Environment Scotland in writing that they do not object to the order.                  

(3)The steps referred to in sub-paragraph (1)(b) are—                  

(a)advertising in the prescribed manner the fact that the order has been made,                  

(b)serving notice to the same effect on the persons mentioned in sub-paragraph (2), and                  

(c)sending a copy of any such advertisement to the Scottish Ministers not more than 3 days after its publication.                  

(4)The advertisement under sub-paragraph (3)(a) must specify—                  

(a)the period within which persons affected by the order may give notice to the Scottish Ministers that they require an opportunity                           of appearing before and being heard by a person appointed by the Scottish Ministers for the purpose, and                  

(b)the period at the end of which, if no such notice is given to the Scottish Ministers, the order may take effect by virtue                           of this paragraph and without being confirmed by the Scottish Ministers.                  

(5)The period referred to in sub-paragraph (4)(a) must not be less than 28 days from the date on which the advertisement first                           appears.                  

(6)The period referred to in sub-paragraph (4)(b) must not be less than 14 days from the end of the period referred to in sub-paragraph                           (4)(a).                  

(7)The notice under sub-paragraph (3)(b) must include a statement to the effect that no compensation is payable under section                           9 in respect of an order which takes effect by virtue of this paragraph.                  

(8)The order takes effect at the end of the period referred to in sub-paragraph (4)(b) without being confirmed by the Scottish                           Ministers if—                  

(a)no person claiming to be affected by the order has given notice to the Scottish Ministers as mentioned in sub-paragraph (4)(a)                           within the period referred to in that sub-paragraph, and                  

(b)the Scottish Ministers have not directed that the order be submitted to them for confirmation.”.                  

Commencement Information

I56Sch. 2 para. 15 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### **PART 3**SSCHEDULED MONUMENT ENFORCEMENT NOTICES

16SThe 1979 Act is further amended as follows.

Commencement Information

I57Sch. 2 para. 16 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

17SIn section 9A (power to issue scheduled monument enforcement notice)—

(a)in subsection (1)—

(i)for “the Scottish Ministers” substitute “ Historic Environment Scotland ”,

(ii)in paragraph (b) for “they may, if they consider” substitute “ it may, if it considers ”,

(b)in subsection (2)(a) for “the Scottish Ministers require” substitute “ Historic Environment Scotland requires ”,

(c)in subsection (3)(b)—

(i)for “the Scottish Ministers consider” substitute “ Historic Environment Scotland considers ”,

(ii)for “they consider” substitute “ it considers ”,

(iii)for “them” substitute “ it ”,

(d)in subsection (4) for “the Scottish Ministers are” substitute “ Historic Environment Scotland is ”.

Commencement Information

I58Sch. 2 para. 17 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

18SIn section 9B (scheduled monument enforcement notices: further provision)—

(a)in subsection (4)(b) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”,

(b)in subsection (5)—

(i)for “The Scottish Ministers” substitute “ Historic Environment Scotland ”,

(ii)in paragraph (a) for “their” substitute “ its ”,

(c)in subsection (6) for “The Scottish Ministers” substitute “ Historic Environment Scotland ”,

(d)in subsection (7) for “The Scottish Ministers” substitute “ Historic Environment Scotland ”.

Commencement Information

I59Sch. 2 para. 18 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

19SIn section 9C (appeal against scheduled monument enforcement notice)—

(a)in subsection (1) for “by summary application appeal to the sheriff” substitute “ appeal to the Scottish Ministers ”,

(b)in subsection (2)—

(i)before paragraph (a) insert—

“(za)that the monument is not of national importance,”,                  

(ii)after paragraph (c) insert—

“(ca)that scheduled monument consent ought to be granted for the works, or that any relevant condition of such consent which has                           been granted ought to be discharged, or different conditions substituted,”,                  

(iii)after paragraph (d) insert—

“(da)except in relation to such a requirement as is mentioned in section 9A(3)(b) or (c), that the requirements of the notice exceed                           what is necessary for restoring the monument or land to its condition before the works were carried out,”,                  

(iv)after paragraph (e) insert—

“(f)that the steps required by the notice for the purpose of restoring the character of the monument or land to its former state                           would not serve that purpose,                  

(g)that the cessation of any works required by the notice exceeds what is necessary to remedy the contravention of section 2(1)                           or (6),                  

(h)that steps required to be taken by virtue of section 9A(3)(b) exceed what is necessary to alleviate the effect of the works                           executed to the monument or land,                  

(i)that steps required to be taken by virtue of section 9A(3)(c) exceed what may reasonably be required to bring the monument                           or land to the state in which it would have been if the scheduled monument consent had been complied with.”,                  

(c)after subsection (2) insert—

“(2A)An appeal under this section is to be made by giving written notice of the appeal to the Scottish Ministers before the date                           specified in the scheduled monument enforcement notice as the date on which it is to take effect.”,                  

(d)after subsection (3) insert—

“(3A)A person who gives notice of appeal under this section must submit to the Scottish Ministers, either when giving the notice                           or within such time as may be prescribed, a statement in writing—                  

(a)specifying the grounds on which the appeal is made,                  

(b)giving such further information as may be prescribed.”,                  

(e)subsections (4) and (5) are repealed.

Commencement Information

I60Sch. 2 para. 19 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

20SAfter that section insert—

#### “9CADetermination of appeals under section 9C

(1)On determining an appeal under section 9C, the Scottish Ministers may give directions for giving effect to the determination,                           including where appropriate directions for quashing the scheduled monument enforcement notice.                  

(2)On such an appeal the Scottish Ministers may if they are satisfied that the correction or variation will not cause injustice                           to the appellant or to Historic Environment Scotland—                  

(a)correct any defect, error or misdescription in the scheduled monument enforcement notice, or                  

(b)vary the terms of the notice.                  

(3)In a case where it would otherwise be a ground for determining the appeal in favour of the appellant that a person required                           by section 9B(4) to be served with a copy of the notice was not served, the Scottish Ministers may disregard that fact if                           they are satisfied that the person has not been substantially prejudiced by the failure.                  

(4)The Scottish Ministers may—                  

(a)dismiss such an appeal if the appellant fails to comply with section 9C(3A) within the prescribed time,                  

(b)allow such an appeal or quash the scheduled monument enforcement notice if Historic Environment Scotland fails to comply within                           the prescribed period with any requirement imposed by regulations made by virtue of section 9CB(1).                  

(5)On the determination of an appeal under section 9C the Scottish Ministers may—                  

(a)grant scheduled monument consent for the works to which the scheduled monument enforcement notice relates,                  

(b)discharge any condition subject to which such consent was granted and substitute any other condition, whether more or less                           onerous, or                  

(c)direct Historic Environment Scotland to exercise its power under section 1(5) to modify the Schedule to give effect to that                           determination.                  

(6)Any scheduled monument consent granted by the Scottish Ministers under subsection (5)(a) is to be treated as granted under                           section 2(3).                  

(7)Except as provided for by section 55, the decision of the Scottish Ministers on an appeal under section 9C is final.                  

#### 9CBProcedure for appeals under section 9C

(1)The Scottish Ministers may by regulations make provision in connection with appeals under section 9C, including provision                           about the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal.                  

(2)Regulations under subsection (1) may also make provision about the procedure to be followed, including—                  

(a)the form, manner and time for making an appeal,                  

(b)the notification of an appeal,                  

(c)the manner in which an appeal is to be conducted.                  

(3)Regulations made by virtue of subsection (2)(c) may also include provision that the manner in which an appeal, or any stage                           of an appeal, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard)                           is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act).                  

(4)Schedule 1A (which makes provision about the determination of certain appeals by a person other than the Scottish Ministers)                           applies to appeals under section 9C.”.                  

Commencement Information

I61Sch. 2 para. 20 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

21SIn section 9D (execution of works required by scheduled monument enforcement notice)—

(a)in subsection (1)—

(i)for “the Scottish Ministers” substitute “ Historic Environment Scotland ”,

(ii)in paragraph (b) for “them” substitute “ it ”,

(b)in subsection (2)(b) for “the Scottish Ministers in taking steps required by it” substitute “ Historic Environment Scotland in taking steps required by the notice ”,

(c)in subsection (4)—

(i)for “the Scottish Ministers take” substitute “ Historic Environment Scotland takes ”,

(ii)for “they” substitute “ it ”,

(iii)for “them” substitute “ it ”,

(d)in subsection (5)—

(i)for “the Scottish Ministers” substitute “ Historic Environment Scotland ”,

(ii)for “them” substitute “ it ”,

(e)in subsection (6)—

(i)for “the Scottish Ministers seek” substitute “ Historic Environment Scotland seeks ”,

(ii)in paragraph (b) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”,

(f)in subsection (7)—

(i)for “the Scottish Ministers have” substitute “ Historic Environment Scotland has ”,

(ii)for “they” substitute “ it ”.

Commencement Information

I62Sch. 2 para. 21 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

22SAfter section 9F (effect of scheduled monument consent on scheduled monument enforcement notice) insert—

#### “9FAEnforcement by the Scottish Ministers

(1)If it appears to the Scottish Ministers that it is expedient that a scheduled monument enforcement notice should be served                           in respect of any monument or land in, on or under which there is a scheduled monument, they may serve such a notice under                           section 9A.                  

(2)A scheduled monument enforcement notice served by the Scottish Ministers has the same effect as if it had been served by Historic                           Environment Scotland.                  

(3)The Scottish Ministers must not serve such a notice without consulting Historic Environment Scotland.                  

(4)The provisions of this Act relating to scheduled monument enforcement notices apply, so far as relevant, to a scheduled monument                           enforcement notice served by the Scottish Ministers as they apply to a scheduled monument enforcement notice served by Historic                           Environment Scotland, but with the substitution for any reference to Historic Environment Scotland of a reference to the Scottish                           Ministers, and any other necessary modifications.”.                  

Commencement Information

I63Sch. 2 para. 22 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### **PART 4**SSCHEDULED MONUMENTS: STOP NOTICES

23SThe 1979 Act is further amended as follows.

Commencement Information

I64Sch. 2 para. 23 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

24SIn section 9G (stop notices)—

(a)in subsection (1) for “the Scottish Ministers consider” substitute “ Historic Environment Scotland considers ”,

(b)in subsection (2)—

(i)for “The Scottish Ministers” substitute “ Historic Environment Scotland ”,

(ii)for “they serve” substitute “ it serves ”,

(c)in subsection (3) for “the Scottish Ministers require” substitute “ Historic Environment Scotland requires ”,

(d)in subsection (5)(a) for “the Scottish Ministers consider” substitute “ Historic Environment Scotland considers ”,

(e)in subsection (6)—

(i)for “the Scottish Ministers” substitute “ Historic Environment Scotland ”,

(ii)for “them” substitute “ it ”,

(f)in subsection (7)—

(i)for “The Scottish Ministers” substitute “ Historic Environment Scotland ”,

(ii)for “their” substitute “ its ”.

Commencement Information

I65Sch. 2 para. 24 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

25SIn section 9H (stop notices: supplementary provisions)—

(a)in subsection (3) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”,

(b)in subsection (4) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”.

Commencement Information

I66Sch. 2 para. 25 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

26SAfter that section insert—

#### “9HAPower of the Scottish Ministers to serve stop notice

(1)If it appears to the Scottish Ministers that it is expedient that a stop notice should be served in respect of any monument                           or land in, on or under which there is a scheduled monument, they may serve such a notice under section 9G.                  

(2)A stop notice served by the Scottish Ministers has the same effect as if it had been served by Historic Environment Scotland.                  

(3)The Scottish Ministers must not serve such a notice without consulting Historic Environment Scotland.                  

(4)The provisions of this Act relating to stop notices apply, so far as relevant, to a stop notice served by the Scottish Ministers                           as they apply to a stop notice served by Historic Environment Scotland, but with the substitution for any reference to Historic                           Environment Scotland of a reference to the Scottish Ministers, and any other necessary modifications.”.                  

Commencement Information

I67Sch. 2 para. 26 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

27SIn section 9I (compensation for loss due to stop notice)—

(a)in subsection (1) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”,

(b)in subsection (3)(c)—

(i)for “the Scottish Ministers” substitute “ Historic Environment Scotland ”,

(ii)for “them” substitute “ it ”,

(c)in subsection (5)(b) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”.

Commencement Information

I68Sch. 2 para. 27 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

28SIn section 9K (temporary stop notices)—

(a)in subsection (1)—

(i)for “the Scottish Ministers” substitute “ Historic Environment Scotland ”,

(ii)for “they may, if they consider” substitute “ it may, if it considers ”,

(b)in subsection (2)(c) for “the Scottish Ministers'” substitute “Historic Environment Scotland's”,

(c)in subsection (3) for “the Scottish Ministers” in both places substitute “ Historic Environment Scotland ”,

(d)in subsection (4) for “The Scottish Ministers” substitute “ Historic Environment Scotland ”,

(e)in subsection (8) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”.

Commencement Information

I69Sch. 2 para. 28 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

29SIn section 9L(1) (temporary stop notices: restrictions) for “the Scottish Ministers have” substitute “ Historic Environment Scotland has ”.

Commencement Information

I70Sch. 2 para. 29 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

30SIn section 9N (temporary stop notices: compensation)—

(a)in subsection (1) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”,

(b)in subsection (2)(b) for “the Scottish Ministers withdraw” substitute “ Historic Environment Scotland withdraws ”.

Commencement Information

I71Sch. 2 para. 30 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### **PART 5**SAPPEALS AND REFERRALS

#### CHAPTER 1SAPPEALS FROM HISTORIC ENVIRONMENT SCOTLAND

31SThe 1979 Act is further amended as follows.

Commencement Information

I72Sch. 2 para. 31 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

##### Appeal against inclusion or amendment of entry in Schedule of monumentsS

32SAfter section 1B (publication of the Schedule) (inserted by paragraph 3) insert—

###### “1CAppeal against inclusion etc. in Schedule of monuments

(1)This section applies where Historic Environment Scotland makes a decision—                  

(a)to include a monument in the Schedule,                  

(b)to amend an entry in the Schedule relating to a monument.                  

(2)A person mentioned in subsection (3) may appeal the decision to the Scottish Ministers.                  

(3)The person is—                  

(a)the owner of the monument,                  

(b)the tenant of the monument,                  

(c)the occupier of the monument.                  

###### 1DDetermination of appeals under section 1C

(1)The Scottish Ministers may—                  

(a)dismiss an appeal under section 1C,                  

(b)allow such an appeal (in whole or in part).                  

(2)Where the Scottish Ministers allow an appeal, they may vary a part of the decision appealed against whether or not the appeal                           relates to that part of the decision.                  

(3)Where the Scottish Ministers allow an appeal, they may direct Historic Environment Scotland to exercise its power under section                           1(5) to modify the Schedule to give effect to their decision.                  

(4)Except as provided for by section 55, the decision of the Scottish Ministers on an appeal under section 1C is final.                  

###### 1EProcedure for appeals under section 1C

(1)The Scottish Ministers may by regulations make provision in connection with appeals under section 1C, including provision                           about—                  

(a)the grounds on which an appeal may be made,                  

(b)the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal.                  

(2)Regulations under subsection (1) may also make provision about the procedure to be followed, including—                  

(a)the form, manner and time for making an appeal,                  

(b)the notification of an appeal,                  

(c)the manner in which an appeal is to be conducted.                  

(3)Regulations made by virtue of subsection (2)(c) may also include provision that the manner in which an appeal, or any stage                           of an appeal, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard)                           is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act).                  

(4)Schedule 1A (which makes provision about the determination of certain appeals by a person other than the Scottish Ministers)                           applies to appeals under section 1C.”.                  

Commencement Information

I73Sch. 2 para. 32 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

##### Appeal in relation to scheduled monument consentS

33SAfter section 4A (inserted by paragraph 8) insert—

###### “4BAppeal in relation to scheduled monument consent

(1)This section applies where Historic Environment Scotland makes a decision—                  

(a)refusing an application for scheduled monument consent,                  

(b)granting such an application subject to conditions,                  

(c)refusing an application for variation or discharge of conditions to which a scheduled monument consent is subject,                  

(d)granting such an application subject to conditions,                  

(e)refusing an application for subsequent approval required by a condition to which a scheduled monument consent is subject.                  

(2)A person who made the application mentioned in subsection (1) may appeal the decision to the Scottish Ministers.                  

(3)A person may also appeal to the Scottish Ministers where Historic Environment Scotland has not given notice of its decision                           on an application mentioned in subsection (1)(a), (c) or (e) within the prescribed period or such other longer period as may                           be agreed between the applicant and Historic Environment Scotland.                  

(4)An appeal under this section may include the ground that—                  

(a)the monument should not be included in the Schedule,                  

(b)the entry in the Schedule relating to the monument should be amended.                  

###### 4CDetermination of appeals under section 4B

(1)The Scottish Ministers may—                  

(a)dismiss an appeal under section 4B,                  

(b)allow such an appeal (in whole or in part).                  

(2)In determining an appeal under section 4B, the Scottish Ministers may deal with the application to which the appeal relates                           as if it had been made to them in the first instance.                  

(3)Where the Scottish Ministers allow an appeal, they may vary a part of the decision appealed against whether or not the appeal                           relates to that part of the decision.                  

(4)Subsection (5) applies where—                  

(a)the grounds of appeal include the ground—                  

(i)that the monument should not be included in the Schedule, or                  

(ii)that the entry in the Schedule relating to the monument should be amended, and                  

(b)the Scottish Ministers uphold that ground.                  

(5)The Scottish Ministers may direct Historic Environment Scotland to exercise its power under section 1(5) to modify the Schedule                           to give effect to that decision.                  

(6)Except as provided for by section 55, the decision of the Scottish Ministers on an appeal under section 4B is final.                  

###### 4DProcedure for appeals under section 4B

(1)The Scottish Ministers may by regulations make provision in connection with appeals under section 4B, including provision                           about—                  

(a)subject to section 4B(4), the grounds on which an appeal may be made,                  

(b)the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal.                  

(2)Regulations under subsection (1) may also make provision about the procedure to be followed, including—                  

(a)the form, manner and time for making an appeal,                  

(b)the notification of an appeal,                  

(c)the manner in which an appeal is to be conducted.                  

(3)Regulations made by virtue of subsection (2)(c) may also include provision that the manner in which an appeal, or any stage                           of an appeal, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard)                           is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act).                  

(4)Regulations under subsection (1) may also provide that an appeal in respect of an application—                  

(a)for scheduled monument consent, or                  

(b)for the variation or discharge of conditions to which such a consent is subject,                  

need not be entertained unless it is accompanied by a certificate in the prescribed form as to the interests in the monument                        to which the appeal relates.                  

(5)Sub-paragraphs (2) to (4) of paragraph 2 of schedule 1 apply to regulations imposing a requirement by virtue of subsection                           (4) as they apply to the requirement imposed by sub-paragraph (1) of that paragraph.                  

(6)Schedule 1A (which makes provision about the determination of certain appeals by a person other than the Scottish Ministers)                           applies to appeals under section 4B.”.                  

Commencement Information

I74Sch. 2 para. 33 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

##### Determination of appeals by appointed personS

34SAfter schedule 1 insert—

###### “SCHEDULE 1ASDETERMINATION OF CERTAIN APPEALS BY PERSON APPOINTED BY THE SCOTTISH MINISTERS

 (introduced by sections 1E(4), 4D(6) and 9CB(4))

###### Determination of appeals by appointed personS

1(1)The Scottish Ministers may by regulations prescribe classes of appeals under sections 1C, 4B and 9C which are to be determined                           by a person appointed by the Scottish Ministers for the purpose.                  

(2)Those classes of appeals are to be so determined except in such classes of case—                  

(a)as may for the time being be prescribed, or                  

(b)as may be specified in directions given by the Scottish Ministers.                  

(3)Regulations under sub-paragraph (1) may provide for the giving of publicity to any directions given by the Scottish Ministers                           under this paragraph.                  

(4)This paragraph does not affect any provision made by or under this Act that an appeal is to lie to, or a notice of an appeal                           is to be served on, the Scottish Ministers.                  

(5)A person appointed under this paragraph is referred to in this schedule as an “appointed person”.                  

###### Powers and duties of appointed personS

2(1)An appointed person is to have the same powers and duties—                  

(a)in relation to an appeal under section 1C as the Scottish Ministers have under section 1D,                  

(b)in relation to an appeal under section 4B as the Scottish Ministers have under section 4C,                  

(c)in relation to an appeal under section 9C as the Scottish Ministers have under section 9CA.                  

(2)Where an appeal has been determined by an appointed person, the decision is to be treated as a decision of the Scottish Ministers.                  

(3)Except as provided for by section 55, the decision of an appointed person on any appeal is final.                  

###### Determination of appeals by the Scottish MinistersS

3(1)The Scottish Ministers may, if they think fit, direct that an appeal which would otherwise fall to be determined by an appointed                           person is instead to be determined by them.                  

(2)Such a direction must—                  

(a)state the reasons for which it is given, and                  

(b)be served on the appellant.                  

(3)Where an appeal under section 1C, 4B or 9C falls to be determined by the Scottish Ministers by virtue of a direction under                           this paragraph, the provisions of this Act which are relevant to the appeal are to apply, subject to sub-paragraph (4), as                           if this schedule had never applied to it.                  

(4)In determining the appeal, the Scottish Ministers may take into account any report made to them by any person previously appointed                           to determine the appeal.                  

4(1)The Scottish Ministers may by a further direction revoke a direction under paragraph 3 at any time before the determination                           of the appeal.                  

(2)Such a further direction must—                  

(a)state the reasons for which it is given, and                  

(b)be served on—                  

(i)the person, if any, previously appointed to determine the appeal, and                  

(ii)the appellant.                  

(3)Where such a further direction has been given, the provisions of this schedule relevant to the appeal are to apply, subject                           to sub-paragraph (4), as if no direction under paragraph 3 had been given.                  

(4)Anything done by or on behalf of the Scottish Ministers in connection with the appeal which might have been done by the appointed                           person (including any arrangements made for the holding of a hearing or local inquiry) is, unless that person directs otherwise,                           to be treated as having been done by that person.                  

###### Appointment of another person to determine appealS

5(1)At any time before the appointed person has determined the appeal the Scottish Ministers may—                  

(a)revoke the appointment, and                  

(b)appoint another person under paragraph 1 to determine the appeal instead.                  

(2)Where such a new appointment is made, the consideration of the appeal or any inquiry or other hearing in connection with it                           is to be begun afresh.                  

(3)Nothing in sub-paragraph (2) requires any person to be given an opportunity of making fresh representations or modifying or                           withdrawing any representations already made.                  

###### Local inquiries and hearingsS

6(1)Whether or not the parties to an appeal have asked for an opportunity to appear and be heard, an appointed person—                  

(a)may hold a local inquiry in connection with the appeal, and                  

(b)must do so if the Scottish Ministers so direct.                  

(2)Where an appointed person—                  

(a)holds a hearing, or                  

(b)holds an inquiry by virtue of this paragraph,                  

an assessor may be appointed by the Scottish Ministers to sit with the appointed person at the hearing or inquiry to advise                        the appointed person on any matters arising.                  

(3)Subject to sub-paragraph (4), the expenses of any such hearing or inquiry are to be paid by the Scottish Ministers.                  

(4)Subsections (4) to (13) of section 265 of the Town and Country Planning (Scotland) Act 1997 (c.8) apply to an inquiry held                           under this paragraph as they apply to an inquiry held under that section.                  

(5)The appointed person has the same power to make orders under subsection (9) of that section in relation to proceedings under                           this schedule which do not give rise to an inquiry as the person has in relation to such an inquiry.                  

(6)For the purposes of this paragraph, references to the Minister in subsections (9) and (12) of that section are to be read                           as references to the appointed person.                  

###### Supplementary provisionsS

7The functions of determining an appeal and doing anything in connection with it conferred by this schedule on an appointed                           person who is a member of the staff of the Scottish Administration are to be treated for the purposes of the Scottish Public                           Services Ombudsman Act 2002 (asp 11) as functions conferred on the Scottish Ministers.”.

Commencement Information

I75Sch. 2 para. 34 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### CHAPTER 2SREFERRAL OF CERTAIN APPLICATIONS

##### Referral of certain applicationsS

35SAfter section 3A (inserted by paragraph 6) insert—

###### “3BReferral of certain applications to the Scottish Ministers

(1)The Scottish Ministers may give directions requiring applications for—                  

(a)scheduled monument consent,                  

(b)variation or discharge of conditions to which scheduled monument consent is subject,                  

(c)subsequent approval required by a condition to which scheduled monument consent is subject,                  

to be referred to them instead of being dealt with by Historic Environment Scotland.                  

(2)A direction under this section may relate either to a particular application or to applications of a class specified in the                           direction.                  

(3)A direction under this section may be withdrawn or modified by a subsequent direction.                  

(4)An application in respect of which a direction under this section has effect is to be referred to the Scottish Ministers accordingly.                  

(5)In determining an application under this section, the Scottish Ministers may deal with the application as if it had been made                           to them in the first instance.                  

(6)Except as provided for by section 55, the decision of the Scottish Ministers on any application referred to them under this                           section is final.                  

(7)The reference in subsection (1)(c) to scheduled monument consent includes a reference to consent granted by order under section                           3.                  

###### 3CProcedure for referrals under section 3B

(1)The Scottish Ministers may by regulations make provision in connection with referrals under section 3B, including provision                           about the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the referral.                  

(2)Regulations under subsection (1) may also make provision about the procedure to be followed, including—                  

(a)the notification of a referral,                  

(b)the manner in which a referral is to be conducted.                  

(3)Regulations made by virtue of subsection (2)(b) may also include provision that the manner in which a referral, or any stage                           of a referral, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard)                           is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act).”.                  

Commencement Information

I76Sch. 2 para. 35 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### **PART 6**SFUNCTIONS IN RELATION TO GARDENS, LANDSCAPES AND BATTLEFIELDS

36SPart 1A of the 1979 Act is amended as follows.

Commencement Information

I77Sch. 2 para. 36 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

37SIn section 32A (inventory of gardens and designed landscapes)—

(a)in subsection (1)—

(i)for “The Scottish Ministers” substitute “ Historic Environment Scotland ”,

(ii)for “they think” substitute “ it thinks ”,

(iii)for “them” substitute “ it ”,

(b)in subsection (3) for “The Scottish Ministers” substitute “ Historic Environment Scotland ”,

(c)in subsection (4)—

(i)for “their” substitute “ its ”,

(ii)for “the Scottish Ministers” substitute “ Historic Environment Scotland ”,

(d)in subsection (5)—

(i)for “The Scottish Ministers” substitute “ Historic Environment Scotland ”,

(ii)for “they think” substitute “ it thinks ”.

Commencement Information

I78Sch. 2 para. 37 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

38SIn section 32B(1) (inventory of battlefields)—

(a)for “The Scottish Ministers” substitute “ Historic Environment Scotland ”,

(b)for “they think” substitute “ it thinks ”,

(c)for “them” substitute “ it ”.

Commencement Information

I79Sch. 2 para. 38 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### **PART 7**SOTHER MATTERS IN RELATION TO SCHEDULED MONUMENTS

39SThe 1979 Act is further amended as follows.

Commencement Information

I80Sch. 2 para. 39 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### InterdictS

40SIn section 9O (interdicts restraining unauthorised works on scheduled monuments)—

(a)in subsection (1)—

(i)for “they have exercised or propose to exercise any of their” substitute “ Historic Environment Scotland has exercised or proposes to exercise any of its ”,

(ii)for “the Scottish Ministers” substitute “ it ”,

(b)after that subsection insert—

“(1A)Whether or not the Scottish Ministers have exercised or propose to exercise any of their powers under this Act, they may seek                           to restrain or prevent any actual or apprehended breach of any of the controls provided by or under this Act on the execution                           of works affecting scheduled monuments by means of an application for interdict.”,                  

(c)in subsection (2) for “subsection (1)” substitute “ subsection (1) or (1A) ”.

Commencement Information

I81Sch. 2 para. 40 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### Agreements concerning ancient monuments etc.S

41SIn section 17 (agreements concerning ancient monuments etc.)—

(a)after subsection (2) insert—

“(2A)Historic Environment Scotland may enter into an agreement under this section with the occupier of an ancient monument situated                           in Scotland or of any land so situated which adjoins or is in the vicinity of an ancient monument so situated.”,                  

(b)in subsection (4)—

(i)in paragraph (f) after “authority” insert “ or Historic Environment Scotland ”,

(ii)in the fullout after “authority” insert “ or Historic Environment Scotland ”,

(c)after subsection (9) insert—

“(9A)References to an ancient monument in subsection (2A), and in subsection (3) so far as it applies for the purposes of subsection                           (2A), are to be construed as if the reference in section 61(12)(b) of this Act to the Secretary of State were to Historic                           Environment Scotland.”.                  

Commencement Information

I82Sch. 2 para. 41 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### Advice and superintendenceS

42SIn section 25 (advice and superintendence)—

(a)in subsection (1) for “The Secretary of State” substitute “ Historic Environment Scotland ”,

(b)in subsection (2)—

(i)for “The Secretary of State” substitute “ Historic Environment Scotland ”,

(ii)for “his” in both places substitute “ its ”,

(c)in subsection (3)—

(i)for “The Secretary of State” substitute “ Historic Environment Scotland ”,

(ii)for “he” substitute “ it ”.

Commencement Information

I83Sch. 2 para. 42 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### Power of entry: inspection and recordingS

43SIn section 26 (power of entry on land believed to contain an ancient monument)—

(a)in subsection (1) for “the Secretary of State” in both places substitute “ Historic Environment Scotland ”,

(b)in subsection (4)(b)—

(i)for “the Scottish Ministers know or have” substitute “ Historic Environment Scotland knows or has ”,

(ii)for “they know or believe” substitute “ it knows or believes ”.

Commencement Information

I84Sch. 2 para. 43 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### Power to accept voluntary contributionsS

44SIn section 31 (voluntary contributions towards expenditure under Part 1 of the 1979 Act) after “State” insert “ , Historic Environment Scotland ”.

Commencement Information

I85Sch. 2 para. 44 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### Metal detectorsS

45SIn section 42 (restrictions on use of metal detectors)—

(a)in subsection (1) after “consent” insert “ of Historic Environment Scotland (in the case of a place situated in Scotland), ”,

(b)in subsection (2) in the definition of “protected place”, after “State” insert “ , Historic Environment Scotland ”,

(c)in subsection (3) after “that” insert “ of Historic Environment Scotland (where the place in question is situated in Scotland), ”,

(d)in subsection (4) after “by” insert “ Historic Environment Scotland, ”,

(e)in subsection (5)(a) after “by” insert “ Historic Environment Scotland, ”.

Commencement Information

I86Sch. 2 para. 45 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### Power of entry: survey and valuationS

46SIn section 43(2) (power of entry for survey and valuation) after “State” insert “ , Historic Environment Scotland ”.

Commencement Information

I87Sch. 2 para. 46 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### CompensationS

47SIn section 46(1) (compensation for damage caused by exercise of certain powers) after “from” insert “ Historic Environment Scotland, ”.

Commencement Information

I88Sch. 2 para. 47 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### Application to Crown landS

48SIn section 50 (application of Act to Crown land) after subsection (1) insert—

“(1A)For the purposes of subsection (1)(b), anything done by Historic Environment Scotland on Crown land, in relation to which                           it has functions by virtue of a delegation by the Scottish Ministers under section 3 of the Historic Environment Scotland                           Act 2014 (asp 19), is not to be treated as done by or on behalf of the Crown.”.                  

Commencement Information

I89Sch. 2 para. 48 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### FindsS

49SIn section 54(2) (treatment and preservation of finds) after “State” in both places insert “ , Historic Environment Scotland ”.

Commencement Information

I90Sch. 2 para. 49 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### Proceedings questioning certain ordersS

50SIn section 55 (proceedings for questioning validity of certain orders)—

(a)in subsection (1)(b) after “State” insert “ or Historic Environment Scotland ”,

(b)in subsection (3)—

(i)after first “State” insert “ or Historic Environment Scotland ”,

(ii)for “either” substitute “ any ”,

(iii)for paragraph (a) substitute—

“(a)any decision of the Scottish Ministers on an application for scheduled monument consent referred to them under section 3B,                  

(aa)any decision of the Scottish Ministers on an appeal under this Act,”,                  

(iv)in paragraph (b) for “the giving by the Secretary of State of any direction under section 4” substitute “ the making by Historic Environment Scotland of any order under section 4 or by the Scottish Ministers of any order under                           section 4A ”,

(c)in subsection (4)(b) after “State” insert “ or Historic Environment Scotland ”,

(d)in subsection (7) after “State” insert “ or Historic Environment Scotland ”.

Commencement Information

I91Sch. 2 para. 50 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### Power to require informationS

51SIn section 57(1) (power to require information as to interests in land) after “State” in both places insert “ or Historic Environment Scotland ”.

Commencement Information

I92Sch. 2 para. 51 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### InterpretationS

52SIn section 61(9) (meaning of site of monument) after “State” insert “ or Historic Environment Scotland ”.

Commencement Information

I93Sch. 2 para. 52 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

## SCHEDULE 3SFUNCTIONS OF HISTORIC ENVIRONMENT SCOTLAND IN RELATION TO LISTING AND CONSERVATION

 (introduced by section 16)

### **PART 1**SLISTING OF SPECIAL BUILDINGS

1SThe 1997 Act is amended as follows.

Commencement Information

I94Sch. 3 para. 1 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### Compiling or approving lists of special buildingsS

2SIn section 1 (listing of buildings of special architectural or historic interest)—

(a)in subsection (1) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

(b)in subsection (2) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

(c)in subsection (3)—

(i)for “the Secretary of State” substitute “ Historic Environment Scotland ”,

(ii)for “him” substitute “ it ”,

(d)in subsection (4) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

Commencement Information

I95Sch. 3 para. 2 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### Publication of lists and notification of listingS

3SAfter section 1 insert—

##### “1APublication of lists and notification of listing etc.

(1)Historic Environment Scotland must—                  

(a)publish any list compiled or approved under section 1, and any amendments of such a list, and                  

(b)make such lists available for public inspection,                  

in such manner as may be prescribed.                  

(2)Historic Environment Scotland must also—                  

(a)notify such persons as may be prescribed, and                  

(b)do so in such form and manner, and within such time, as may be prescribed,                  

of the inclusion of a building in, the amendment of an entry relating to a building in or the exclusion of a building from                        such a list.                  

(3)The Scottish Ministers may by regulations make further provision for—                  

(a)the publication of such lists,                  

(b)the making of such lists available for public inspection,                  

(c)the notification of the inclusion of a building in, the amendment of an entry relating to a building in or the exclusion of                           a building from such a list.                  

(4)Regulations under subsection (3) may in particular provide for planning authorities in whose districts any buildings included                           in such lists are situated to take any of the steps mentioned in that subsection.”.                  

Commencement Information

I96Sch. 3 para. 3 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

4SSection 2 (publication of lists) is repealed.

Commencement Information

I97Sch. 3 para. 4 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### Temporary listingS

5SIn section 3 (temporary listing: building preservation notices)—

(a)in subsection (2) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

(b)in subsection (4)—

(i)for “the Secretary of State” substitute “ Historic Environment Scotland ”,

(ii)in paragraph (b) for “he” substitute “ it ”,

(c)in subsection (6)—

(i)for “the Secretary of State” substitute “ Historic Environment Scotland ”,

(ii)for “he” substitute “ it ”,

(iii)in each of paragraphs (a) and (b) for “the Secretary of State's” in both places substitute “Historic Environment Scotland's”.

Commencement Information

I98Sch. 3 para. 5 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### Certificate that no intention to list buildingS

6SIn section 5A (certificate that building not intended to be listed)—

(a)in subsection (1)—

(i)for “The Scottish Ministers” substitute “ Historic Environment Scotland ”,

(ii)for “they do” substitute “ it does ”,

(b)in subsection (2)—

(i)for “the Scottish Ministers issue” substitute “ Historic Environment Scotland issues ”,

(ii)in paragraph (a) for “they” and “them” substitute “ it ”,

(c)in subsection (3) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”.

Commencement Information

I99Sch. 3 para. 6 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### **PART 2**SLISTED BUILDING CONSENT

7SThe 1997 Act is further amended as follows.

Commencement Information

I100Sch. 3 para. 7 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

8SIn section 7 (authorisation of works: listed building consent)—

(a)in subsection (2)—

(i)in paragraph (b) for “the Royal Commission” substitute “ Historic Environment Scotland ”,

(ii)in paragraph (c)(i) for “members or officers of the Commission” substitute “ Historic Environment Scotland ”,

(iii)for paragraph (c)(ii) substitute—

“(ii)Historic Environment Scotland has stated in writing that it has completed its recording of that building or that it does not                           wish to record it,”,                  

(b)subsection (4) is repealed,

(c)in subsection (5) for “the Royal Commission” substitute “ Historic Environment Scotland ”.

Commencement Information

I101Sch. 3 para. 8 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

9SIn section 9 (making of applications for listed building consent)—

(a)in subsection (3)—

(i)the “and” after paragraph (b) is repealed,

(ii)after paragraph (c) insert “, and 

(d)the procedure to be followed by planning authorities or, as the case may be, the Scottish Ministers in considering and determining                           such applications.”,                  

(b)after subsection (5) insert—

“(6)The regulations must also require planning authorities, before granting or refusing applications for listed building consent                           in such cases or classes of case as may be prescribed, to consult—                  

(a)Historic Environment Scotland,                  

(b)such other persons as may be—                  

(i)prescribed, or                  

(ii)specified in directions given to planning authorities by the Scottish Ministers.                  

(7)Directions given by virtue of subsection (6)(b)(ii) for the purposes of regulations under this section may be given to—                  

(a)planning authorities generally,                  

(b)a particular planning authority, or                  

(c)a description of planning authority.”.                  

Commencement Information

I102Sch. 3 para. 9 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### Revocation and modification of listed building consentS

10SIn section 22(2) (procedure for orders revoking or modifying listed building consent: opposed cases) after paragraph (c) insert—

“(ca)Historic Environment Scotland,                  

(cb)such other persons as may be prescribed,”.                  

Commencement Information

I103Sch. 3 para. 10 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

11SIn section 23(1)(b) (procedure for orders revoking or modifying listed building consent: unopposed cases) after “land” insert                        “ , Historic Environment Scotland, such other persons as may be prescribed ”.

Commencement Information

I104Sch. 3 para. 11 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### **PART 3**SCONSERVATION AREAS

12SThe 1997 Act is further amended as follows.

Commencement Information

I105Sch. 3 para. 12 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

13SIn section 61(2) (designation of conservation areas)—

(a)for “The Secretary of State” substitute “ Historic Environment Scotland ”,

(b)for “he so determines, he” substitute “ Historic Environment Scotland so determines, it ”.

Commencement Information

I106Sch. 3 para. 13 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

14SIn section 62 (designation of conservation areas: supplementary provisions)—

(a)in subsection (1) after “State” insert “ and Historic Environment Scotland ”,

(b)for subsection (2) substitute—

“(2)Historic Environment Scotland must—                  

(a)give notice to a planning authority of—                  

(i)the designation of any part of their district as a conservation area under section 61(2), and                  

(ii)any variation or cancellation of any such designation,                  

(b)give notice to the Scottish Ministers of the designation and of any such variation or cancellation.”,                  

(c)in subsection (4) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

(d)in subsection (5) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

Commencement Information

I107Sch. 3 para. 14 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

15SIn paragraph 2 of schedule 1 (buildings formerly subject to building preservation orders)—

(a)for sub-paragraph (1) substitute—

“(1)Historic Environment Scotland may at any time direct that paragraph 1 no longer applies to a particular building.                  

(1A)The Scottish Ministers may direct that paragraph 1 no longer applies to a particular building if the building is referred                           to in a notice of appeal under section 5B, 18 or 35 relating to the building (whether or not they are requested to do so).”,                  

(b)in sub-paragraph (2) for “such a direction” substitute “ a direction under sub-paragraph (1) or (1A) ”,

(c)after sub-paragraph (2) insert—

“(2A)Where a direction is given under sub-paragraph (1) or (1A), Historic Environment Scotland or (as the case may be) the Scottish                           Ministers must notify the other.”,                  

(d)in sub-paragraph (3)—

(i)for “such a direction” substitute “ a direction under sub-paragraph (1) or (1A) ”,

(ii)for “the Secretary of State” substitute “ Historic Environment Scotland or (as the case may be) the Scottish Ministers ”.

Commencement Information

I108Sch. 3 para. 15 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

16SParagraph 3 of schedule 1 is repealed.

Commencement Information

I109Sch. 3 para. 16 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### **PART 4**SAPPEALS AGAINST LISTING

17SThe 1997 Act is further amended as follows.

Commencement Information

I110Sch. 3 para. 17 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

18SAfter section 5A (certificate that building not intended to be listed) insert—

#### “5BAppeal against listing of buildings

(1)This section applies where Historic Environment Scotland makes a decision—                  

(a)to include a building in the list compiled or approved under section 1,                  

(b)to amend an entry in the list relating to a building (but not where the amendment excludes a building from the list).                  

(2)A person mentioned in subsection (3) may appeal the decision to the Scottish Ministers.                  

(3)The person is—                  

(a)the owner of the building,                  

(b)the tenant of the building,                  

(c)the occupier of the building.                  

#### 5CDetermination of appeals under section 5B

(1)The Scottish Ministers may—                  

(a)dismiss an appeal under section 5B,                  

(b)allow such an appeal (in whole or in part).                  

(2)Where the Scottish Ministers allow an appeal, they may vary a part of the decision appealed against whether or not the appeal                           relates to that part of the decision.                  

(3)Where the Scottish Ministers allow an appeal, they may direct Historic Environment Scotland to exercise its power under section                           1 to amend the list compiled or approved under that section to give effect to their decision.                  

(4)Except as provided for by sections 57 and 58, the decision of the Scottish Ministers on an appeal under section 5B is final.                  

#### 5DProcedure for appeals under section 5B

(1)Regulations may make provision in connection with appeals under section 5B, including provision about—                  

(a)the grounds on which an appeal may be made,                  

(b)the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal.                  

(2)Regulations under subsection (1) may also make provision about the procedure to be followed, including—                  

(a)the form, manner and time for making an appeal,                  

(b)the notification of an appeal,                  

(c)the manner in which an appeal is to be conducted.                  

(3)Regulations made by virtue of subsection (2)(c) may also include provision that the manner in which an appeal, or any stage                           of an appeal, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard)                           is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act).                  

(4)Schedule 3 (which makes provision about the determination of certain appeals by a person appointed by the Scottish Ministers)                           applies to an appeal under section 5B.”.                  

Commencement Information

I111Sch. 3 para. 18 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

19SIn section 19(3) (appeals: supplementary provisions) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

Commencement Information

I112Sch. 3 para. 19 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

20SIn section 20(1) (determination of appeals) for paragraph (b) substitute—

“(b)where the Scottish Ministers allow an appeal, they may direct Historic Environment Scotland to exercise its power under section                           1 to amend the list compiled or approved under that section to give effect to their decision.”.                  

Commencement Information

I113Sch. 3 para. 20 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

21SIn section 37(4) (determination of appeals under section 35) for paragraph (c) substitute—

“(c)direct Historic Environment Scotland to exercise its power under section 1 to amend the list compiled or approved under that                           section to give effect to that determination.”.                  

Commencement Information

I114Sch. 3 para. 21 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

22SIn section 57(2) (validity of certain orders and decisions) before paragraph (a) insert—

“(za)any decision of the Scottish Ministers on an appeal under section 5B,”.                  

Commencement Information

I115Sch. 3 para. 22 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

23SIn schedule 3 (determination of certain appeals by person appointed by the Scottish Ministers)—

(a)in paragraph 1(1) after “sections” insert “ 5B, ”,

(b)in paragraph 2(1) before paragraph (a) insert—

“(za)in relation to an appeal under section 5B as the Scottish Ministers have under section 5C and paragraph 2(1A) of schedule                           1,”,                  

(c)in paragraph 3(3) after “section” insert “ 5B, ”,

(d)in paragraph 5(3) paragraph (a) is repealed (together with the “or” immediately following it).

Commencement Information

I116Sch. 3 para. 23 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

### **PART 5**SOTHER MATTERS IN RELATION TO LISTING

24SThe 1997 Act is further amended as follows.

Commencement Information

I117Sch. 3 para. 24 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### CompensationS

25SIn section 26(1) (compensation for loss or damage caused by service of building preservation notice) for “the Secretary of                        State” substitute “ Historic Environment Scotland ”.

Commencement Information

I118Sch. 3 para. 25 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### Application of 1997 Act to land and works of planning authoritiesS

26SIn section 73 (application of 1997 Act to land and works of planning authorities)—

(a)in subsection (1) for “sections 1(1) and (3) and 2” substitute “ section 1(1) and (3) ”,

(b)in subsection (4) “section 2(2) and” is repealed.

Commencement Information

I119Sch. 3 para. 26 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### Powers of entryS

27SIn section 76 (rights of entry)—

(a)in subsection (1) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

(b)in subsection (2) for “the Secretary of State” in both places substitute “ Historic Environment Scotland ”,

(c)in subsection (3) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

Commencement Information

I120Sch. 3 para. 27 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

#### Building preservation noticesS

28SIn schedule 2 (lapse of building preservation notice) in paragraph 1(b) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

Commencement Information

I121Sch. 3 para. 28 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, **Sch.**

## SCHEDULE 4SFUNCTIONS OF HISTORIC ENVIRONMENT SCOTLAND IN RELATION TO THE MARINE ENVIRONMENT

 (introduced by section 17)

1SThe Marine (Scotland) Act 2010 (asp 5) is amended as follows.

2SAfter section 80 (advice etc. by Scottish Natural Heritage) insert—

### “80AAdvice etc. by Historic Environment Scotland as regards Historic MPAs

(1)Historic Environment Scotland may give advice and guidance as to—                  

(a)the matters which are capable of damaging or otherwise affecting any marine historic asset in a Historic MPA,                  

(b)how any stated preservation objectives for a Historic MPA may be furthered, or how the achievement of any such objectives                           may be hindered, and                  

(c)the assessment by a public authority of the matters in section 83(4)(b)(i) and (ii) including what factors the authority should                           take into account.                  

(2)Advice or guidance as to any of the matters in paragraph (a) to (c) of subsection (1) may be given—                  

(a)in relation to—                  

(i)a particular Historic MPA,                  

(ii)all Historic MPAs generally,                  

(b)in relation to a particular public authority or public authorities generally.”.                  

3SIn section 82 (duties of public authorities in relation to marine protected areas etc.)—

(a)in subsection (3) after “Heritage” insert “ or Historic Environment Scotland ”,

(b)in subsection (5) after “Heritage” insert “ or Historic Environment Scotland ”,

(c)in subsection (6) after sub-paragraph (i) insert—

“(ia)Historic Environment Scotland has given advice or guidance to the authority under section 80A,”,                  

(d)in subsection (7) after “Heritage” insert “ or Historic Environment Scotland ”,

(e)in subsection (10) after “Heritage” insert “ or Historic Environment Scotland ”,

(f)in subsection (12) after “80” insert “ , by Historic Environment Scotland under section 80A ”,

(g)in subsection (13)—

(i)the words from “it is appropriate” to “Research MPA” become paragraph (a) of that subsection,

(ii)after that paragraph insert—

“(b)it is appropriate to inform Historic Environment Scotland where the exercise of the public authority's functions or the act                           or omission in question relates to a Historic MPA.”.                  

4SIn section 83 (duties of public authorities in relation to certain decisions)—

(a)in subsection (2) after “Heritage” insert “ or Historic Environment Scotland ”,

(b)in subsection (8) after “80” insert “ , by Historic Environment Scotland under section 80A ”,

(c)in subsection (9)—

(i)the words from “it is appropriate” to “Research MPA” become paragraph (a) of that subsection,

(ii)after that paragraph insert—

“(b)it is appropriate to inform Historic Environment Scotland where the act relates to a Historic MPA.”.                  

5SIn section 84 (failure to comply with duties) after subsection (3) insert—

“(3A)In relation to a Historic MPA if, in the opinion of Historic Environment Scotland, a public authority has failed—                  

(a)to act in accordance with advice or guidance given by Historic Environment Scotland under section 80A,                  

(b)to comply with any of its duties under section 82(2) or 83(3) or (4),                  

Historic Environment Scotland may request from the authority an explanation in writing for the failure.                  

(3B)Historic Environment Scotland must send a copy of a request by it under subsection (3A) to the Scottish Ministers.                  

(3C)On receiving a request under subsection (3A), the public authority must—                  

(a)provide Historic Environment Scotland with the requested explanation for the failure,                  

(b)send a copy of the explanation to the Scottish Ministers.”.                  

## SCHEDULE 5STRANSFER OF STAFF, PROPERTY ETC. TO HISTORIC ENVIRONMENT SCOTLAND

 (introduced by section 19)

### Staff transfer schemesS

1(1)The Scottish Ministers may make a staff transfer scheme.S

(2)A staff transfer scheme is a scheme making provision for or in connection with the transfer to Historic Environment Scotland                        of persons who are—

(a)employed by the Royal Commission on the Ancient and Historical Monuments of Scotland,

(b)subject to sub-paragraph (3), members of the staff of the Scottish Ministers employed in the Executive Agency of the Scottish                        Ministers known as Historic Scotland.

(3)Sub-paragraph (2)(b) does not apply to members of the staff of the Scottish Ministers on secondment or loan to Historic Scotland                        from another part of the Scottish Administration.

(4)A staff transfer scheme may in particular—

(a)prescribe rules by which the transfer of specified persons, or classes of specified person, can be determined,

(b)provide that specified persons, or classes of specified person, are to become employees of Historic Environment Scotland.

(5)A staff transfer scheme may make provision only in relation to persons whose employment relates to the carrying out of Historic                        Environment Scotland's functions.

(6)In this paragraph “specified” means specified in a staff transfer scheme.

Commencement Information

I122Sch. 5 para. 1 in force at 27.2.2015 by S.S.I. 2015/31, art. 2, **Sch.**

### Staff transfer schemes: generalS

2(1)This paragraph applies in relation to a staff transfer scheme under paragraph 1.S

(2)The scheme must specify a date (the “transfer date”) on which the transfer is to take effect.

(3)The scheme may—

(a)specify different dates for different purposes,

(b)make different provision in relation to different cases or classes of case.

Commencement Information

I123Sch. 5 para. 2 in force at 27.2.2015 by S.S.I. 2015/31, art. 2, **Sch.**

### Transfers under paragraph 1: effect on contract of employmentS

3(1)This paragraph applies where—S

(a)a person is to be transferred by virtue of a staff transfer scheme, and

(b)immediately before the transfer date the person has a contract of employment with—

(i)the Royal Commission on the Ancient and Historical Monuments of Scotland, or

(ii)the Scottish Ministers.

(2)The contract of employment has effect on and after the transfer date as if originally made between the person and Historic                        Environment Scotland.

(3)The rights, powers, duties and liabilities of the Royal Commission on the Ancient and Historical Monuments of Scotland or,                        as the case may be, the Scottish Ministers under or in connection with the contract of employment are by virtue of this paragraph                        transferred to Historic Environment Scotland on the transfer date.

(4)Anything done before the transfer date by or in relation to the Royal Commission on the Ancient and Historical Monuments of                        Scotland or, as the case may be, the Scottish Ministers in respect of the contract of employment or the person is to be treated                        on and after that date as having been done by or in relation to Historic Environment Scotland.

(5)If, before the transfer date, the person informs the Royal Commission on the Ancient and Historical Monuments of Scotland                        or, as the case may be, the Scottish Ministers that the person does not wish to become an employee of Historic Environment                        Scotland—

(a)sub-paragraphs (2) to (4) do not apply in relation to the person, and

(b)the person's contract of employment is terminated on the day before the transfer date.

(6)A person is not to be treated for any purpose as being dismissed by reason of the operation of any provision of this paragraph                        in relation to the person.

(7)Nothing in this paragraph affects any right of a person to terminate the person's contract of employment if a substantial                        detrimental change in the person's working conditions is made.

(8)No such right arises by reason only that, by virtue of this paragraph, the identity of the person's employer changes.

Commencement Information

I124Sch. 5 para. 3 in force at 27.2.2015 by S.S.I. 2015/31, art. 2, **Sch.**

### Property transfer schemesS

4(1)The Scottish Ministers may make a property transfer scheme.S

(2)A property transfer scheme is a scheme making provision for or in connection with the transfer to Historic Environment Scotland                        of property, rights, liabilities and obligations of—

(a)the Royal Commission on the Ancient and Historical Monuments of Scotland,

(b)the Scottish Ministers.

(3)A property transfer scheme may make provision by virtue of sub-paragraph (2) only in so far as the property, rights, liabilities                        and obligations relate to Historic Environment Scotland's functions.

(4)The Royal Commission on the Ancient and Historical Monuments of Scotland must provide the Scottish Ministers with such information                        or assistance as Ministers may reasonably require for the purposes of or in connection with the making of a property transfer                        scheme.

(5)On the transfer date—

(a)any property or rights to which a property transfer scheme applies transfer to and vest in Historic Environment Scotland,

(b)any liabilities or obligations to which such a scheme applies become liabilities or obligations of Historic Environment Scotland.

(6)A property transfer scheme may make provision for the payment by Historic Environment Scotland of compensation in respect                        of property and rights transferred by virtue of the scheme.

Commencement Information

I125Sch. 5 para. 4 in force at 27.2.2015 by S.S.I. 2015/31, art. 2, **Sch.**

### Property transfer schemes: generalS

5(1)This paragraph applies in relation to a property transfer scheme under paragraph 4.S

(2)The scheme must specify a date (the “transfer date”) on which the transfer is to take effect.

(3)The scheme may—

(a)specify different dates in relation to different property, rights, liabilities and obligations,

(b)make different provision in relation to different cases or classes of case.

(4)The scheme may make provision for the creation of rights, or the imposition of liabilities or obligations, in relation to                        the property, rights, liabilities or obligations transferred by virtue of the scheme.

(5)The scheme may make provision requiring Historic Environment Scotland to comply with requirements or conditions specified                        by the Scottish Ministers in relation to the property.

(6)A certificate issued by the Scottish Ministers that any property, right, liability or obligation has, or has not, been transferred                        by virtue of a property transfer scheme is conclusive evidence of the transfer or the fact that there has not been a transfer.

(7)The scheme may make provision about the continuation of legal proceedings.

Commencement Information

I126Sch. 5 para. 5 in force at 27.2.2015 by S.S.I. 2015/31, art. 2, **Sch.**

### Transfer schemes: additional provisionS

6SA staff transfer scheme under paragraph 1 or a property transfer scheme under paragraph 4 may include such incidental, consequential,                        supplementary, transitional, transitory or saving provision as the Scottish Ministers consider appropriate.

Commencement Information

I127Sch. 5 para. 6 in force at 27.2.2015 by S.S.I. 2015/31, art. 2, **Sch.**

## SCHEDULE 6SCONSEQUENTIAL MODIFICATIONS

 (introduced by section 28)

### Ethical Standards in Public Life etc. (Scotland) Act 2000S

1SIn the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7), in schedule 3 (devolved public bodies)—

(a)the entry for the Royal Commission on the Ancient and Historical Monuments of Scotland is repealed,

(b)at the appropriate place in alphabetical order insert— “ Historic Environment Scotland ”.

Commencement Information

I128Sch. 6 para. 1(b) in force at 27.2.2015 by S.S.I. 2015/31, art. 2, **Sch.**

### Scottish Public Services Ombudsman Act 2002S

2SIn the Scottish Public Services Ombudsman Act 2002 (asp 11), in Part 2 of schedule 2 (listed authorities: entries amendable                        by Order in Council), under the heading “Scottish public authorities”—

(a)after paragraph 25 (the entry for Highlands and Islands Enterprise) insert—

“25ZAHistoric Environment Scotland.”,

(b)paragraph 34 (the entry for the Royal Commission on the Ancient and Historical Monuments of Scotland) is repealed.

Commencement Information

I129Sch. 6 para. 2(a) in force at 27.2.2015 by S.S.I. 2015/31, art. 2, **Sch.**

### Freedom of Information (Scotland) Act 2002S

3SIn the Freedom of Information (Scotland) Act 2002 (asp 13), in Part 7 of schedule 1 (Scottish public authorities: others)—

(a)after paragraph 67 (the entry for Highlands and Islands Enterprise) insert—

“67ZAHistoric Environment Scotland.”,

(b)paragraph 76 (the entry for the Royal Commission on the Ancient and Historical Monuments of Scotland) is repealed.

Commencement Information

I130Sch. 6 para. 3(a) in force at 27.2.2015 by S.S.I. 2015/31, art. 2, **Sch.**

### Public Appointments and Public Bodies etc. (Scotland) Act 2003S

4SIn the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), in schedule 2 (the specified authorities),                        under the heading “Executive bodies”—

(a)at the appropriate place in alphabetical order insert— “ Historic Environment Scotland ”,

(b)the entry for the Royal Commission on the Ancient and Historical Monuments of Scotland is repealed.

Commencement Information

I131Sch. 6 para. 4(a) in force at 27.2.2015 by S.S.I. 2015/31, art. 2, **Sch.**

### Public Services Reform (Scotland) Act 2010S

5SIn the Public Services Reform (Scotland) Act 2010 (asp 8)—

(a)in schedule 5 (improvement of public functions: listed bodies), under the heading “Scottish public authorities with mixed                        functions or no reserved functions”—

(i)at the appropriate place in alphabetical order insert— “ Historic Environment Scotland ”,

(ii)the entry for the Royal Commission on the Ancient and Historical Monuments of Scotland is repealed,

(b)in schedule 8 (information on exercise of public functions: listed public bodies)—

(i)at the appropriate place in alphabetical order insert— “ Historic Environment Scotland ”,

(ii)the entry for the Royal Commission on the Ancient and Historical Monuments of Scotland is repealed.

Commencement Information

I132Sch. 6 para. 5(a)(i), (b)(i) in force at 27.2.2015 by S.S.I. 2015/31, art. 2, **Sch.**

### Public Records (Scotland) Act 2011S

6SIn the Public Records (Scotland) Act 2011 (asp 12), in the schedule (authorities to which Part 1 applies), under the heading                        “Others”—

(a)at the appropriate place in alphabetical order insert— “ Historic Environment Scotland ”,

(b)the entry for the Royal Commission on the Ancient and Historical Monuments of Scotland is repealed.

Commencement Information

I133Sch. 6 para. 6(a) in force at 27.2.2015 by S.S.I. 2015/31, art. 2, **Sch.**