Historic Environment Scotland Act 2014 (asp 19)

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

PART 4 SCHEDULED MONUMENTS: STOP NOTICES

23 The 1979 Act is further amended as follows.

24 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”.

25 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”.

26 After that section insert—

“9HA Power 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.”.

27 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”.

28 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”.

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

30 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”.