SCHEDULE 2FUNCTIONS OF HISTORIC ENVIRONMENT SCOTLAND IN RELATION TO SCHEDULED MONUMENTS

PART 4SCHEDULED MONUMENTS: STOP NOTICES

I1I1623

The 1979 Act is further amended as follows.

I2I924

In 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 ”.

I3I1025

In 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 ”.

I4I1126

After 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.

I5I1227

In 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 ”.

I6I1328

In 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 ”.

I7I1429

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

I8I1530

In 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 ”.