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
”
.