Search Legislation

Historic Environment Scotland Act 2014

Status:

This is the original version (as it was originally enacted).

PART 4SCHEDULED MONUMENTS: STOP NOTICES

23The 1979 Act is further amended as follows.

24In 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”.

25In 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”.

26After 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..

27In 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”.

28In 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”.

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

30In 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”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources