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Historic Environment (Amendment) (Scotland) Act 2011

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Historic Environment (Amendment) (Scotland) Act 2011. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

  3. Commentary on Sections

    1. The main provisions of the Act

  4. The Act – Section by Section

    1. Part 1 – Amendment of the Historic Buildings and Ancient Monuments Act 1953

      1. Section 1 – Recovery of grants for repair, maintenance and upkeep of certain property

    2. Part 2 – Modifications of the Ancient Monuments and Archaeological Areas Act 1979

      1. Section 2 – Control of works affecting scheduled monuments

      2. Section 3 – Offences under sections 2, 28 and 42: modification of defences

      3. Section 4 – Fines: increases and duty of court in determining amount

      4. Section 5 – Powers of entry to inspect condition of scheduled monument

      5. Section 6 – Works affecting scheduled monuments: enforcement

        1. New section 9A – Power to issue scheduled monument enforcement notice

        2. New section 9B – Scheduled monument enforcement notices: further provisions

        3. New section 9C – Appeal against scheduled monument enforcement notice

        4. New section 9D – Execution of works required by scheduled monument enforcement notice

        5. New section 9E – Offence where scheduled monument enforcement notice not complied with

        6. New section 9F – Effect of scheduled monument consent on scheduled monument enforcement notice

        7. New section 9G – Stop notices

        8. New section 9H – Stop notices: supplementary provisions

        9. New section 9I – Compensation for loss due to stop notice

        10. New section 9J – Penalties for contravention of stop notice

        11. New section 9K – Temporary stop notices

        12. New section 9L – Temporary stop notices: restrictions

        13. New section 9M – Temporary stop notices: offences

        14. New section 9N – Temporary stop notices: compensation

        15. New section 9O – Interdicts restraining unauthorised works on scheduled monuments

      6. Section 7 – Control and management of monuments and land under guardianship

      7. Section 8 – Provision of facilities, etc. at ancient monuments

      8. Section 9 – Financial support for preservation etc. of monuments

      9. Section 10 – Power of entry on land where monument at risk

      10. Section 11 – Inventories of gardens and designed landscapes and of battlefields

        1. New section 32A – Inventory of gardens and designed landscapes

        2. New section 32B – Inventory of battlefields

      11. Section 12 – Development and understanding of matters of historic, etc. interest: grants and loans

      12. Section 13 – Regulations and orders under the 1979 Act

      13. Section 14 – Meaning of “monument” in the 1979 Act

      14. Section 15 – Scheduled monument consent: regulations as respects applications, etc.

      15. Section 16 – Refusal to entertain certain applications for scheduled monument consent

      16. Section 17 – Application for scheduled monument consent: inquiries and hearings

    3. Part 3 – Modifications of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

      1. Section 18 – Certificate that building not intended to be listed

      2. Section 19 – Offences in relation to unauthorised works and listed building consent: increase in fines

      3. Section 20 – Declining to determine an application for listed building consent

      4. Section 21 – Hearings in connection with applications for listed building consent and appeals

      5. Section 22 – Enforcement notice: requirement to cease works

      6. Section 23 – Stop notices and temporary stop notices

        1. New section 41A – Stop notices

        2. New section 41B – Stop notices: supplementary provisions

        3. New section 41C – Power of the Scottish Ministers to serve stop notice

        4. New section 41D – Compensation for loss due to stop notice

        5. New section 41E – Penalties for contravention of stop notice

        6. New section 41F – Temporary stop notices

        7. New section 41G – Temporary stop notices: restrictions

        8. New section 41H – Temporary stop notices: offences

        9. New section 41I – Temporary stop notices: compensation

      7. Section 24 – Non-compliance with listed building enforcement notice: fixed penalty notice

        1. New section 39A – Fixed penalty notice where listed building enforcement notice not complied with

      8. Section 25 – Urgent works to preserve unoccupied listed buildings

      9. Section 26 – Liability of owner and successors for expenses of urgent works

        1. New section 50A – Liability of owner and successors for expenses of works executed under section 49

        2. New section 50B – Notice of liability for expenses: further provision

        3. New section 50C – Notices of renewal

        4. New section 50D – Notice of determination following representations under section 50

        5. New section 50E – Discharge of notice of liability for expenses and notice of renewal

        6. New section 50F – Meaning of “register” in relation to notices

        7. New section 50G – Power to prescribe forms

      10. Section 27 – Recovery of grants for preservation etc. of listed buildings and conservation areas

      11. Section 28 – Provisions that do not bind the Crown

      12. Section 29 – Regulations in connection with inquiries, etc

      13. Section 30 – Regulations and orders under the 1997 Act

    4. Part 4 – General

      1. Section 32 – Ancillary provision

      2. Section 33 – Short title and commencement

  5. Parliamentary History

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills


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