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Historic Environment Scotland Act 2014
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18After section 5A (certificate that building not intended to be listed) insert—
“5BAppeal against listing of buildings
(1)This section applies where Historic Environment Scotland makes a decision—
(a)to include a building in the list compiled or approved under section 1,
(b)to amend an entry in the list relating to a building (but not where the amendment excludes a building from the list).
(2)A person mentioned in subsection (3) may appeal the decision to the Scottish Ministers.
(3)The person is—
(a)the owner of the building,
(b)the tenant of the building,
(c)the occupier of the building.
5CDetermination of appeals under section 5B
(1)The Scottish Ministers may—
(a)dismiss an appeal under section 5B,
(b)allow such an appeal (in whole or in part).
(2)Where the Scottish Ministers allow an appeal, they may vary a part of the decision appealed against whether or not the appeal relates to that part of the decision.
(3)Where the Scottish Ministers allow an appeal, they may direct Historic Environment Scotland to exercise its power under section 1 to amend the list compiled or approved under that section to give effect to their decision.
(4)Except as provided for by sections 57 and 58, the decision of the Scottish Ministers on an appeal under section 5B is final.
5DProcedure for appeals under section 5B
(1)Regulations may make provision in connection with appeals under section 5B, including provision about—
(a)the grounds on which an appeal may be made,
(b)the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal.
(2)Regulations under subsection (1) may also make provision about the procedure to be followed, including—
(a)the form, manner and time for making an appeal,
(b)the notification of an appeal,
(c)the manner in which an appeal is to be conducted.
(3)Regulations made by virtue of subsection (2)(c) may also include provision that the manner in which an appeal, or any stage of an appeal, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard) is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act).
(4)Schedule 3 (which makes provision about the determination of certain appeals by a person appointed by the Scottish Ministers) applies to an appeal under section 5B.”.
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