# 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

#### 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### General functionsS

#### 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Functions in relation to propertyS

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

#### 4Properties in careS

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

### Functions in relation to collections and objectsS

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

#### 7Borrowing and lending of objectsS

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

### Corporate planningS

#### 9Corporate planS

### Grants and loansS

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

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

### Advice and directionsS

#### 12Advice, information and assistanceS

#### 13Directions and guidanceS

### InterpretationS

#### 14Interpretation of Part 1S

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

### 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

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

### 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## **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

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

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

### Grants and loansS

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

### Scheduled monumentsS

#### 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Listed buildingsS

#### 22Meaning of “listed building”S

#### 23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Conservation areasS

#### 24Control of demolitionS

## **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

#### 28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 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))

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

 (introduced by section 15)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

 (introduced by section 16)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 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

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.

### 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.

### 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.

### 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.

### 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.

### 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.

## SCHEDULE 6SCONSEQUENTIAL MODIFICATIONS

 (introduced by section 28)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .