SCHEDULE 3FUNCTIONS OF HISTORIC ENVIRONMENT SCOTLAND IN RELATION TO LISTING AND CONSERVATION

PART 1LISTING OF SPECIAL BUILDINGS

I11

The 1997 Act is amended as follows.

Compiling or approving lists of special buildings

I22

In section 1 (listing of buildings of special architectural or historic interest)—

a

in subsection (1) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

b

in subsection (2) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

c

in subsection (3)—

i

for “the Secretary of State” substitute “ Historic Environment Scotland ”,

ii

for “him” substitute “ it ”,

d

in subsection (4) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

Publication of lists and notification of listing

I33

After section 1 insert—

1APublication of lists and notification of listing etc.

1

Historic Environment Scotland must—

a

publish any list compiled or approved under section 1, and any amendments of such a list, and

b

make such lists available for public inspection,

in such manner as may be prescribed.

2

Historic Environment Scotland must also—

a

notify such persons as may be prescribed, and

b

do so in such form and manner, and within such time, as may be prescribed,

of the inclusion of a building in, the amendment of an entry relating to a building in or the exclusion of a building from such a list.

3

The Scottish Ministers may by regulations make further provision for—

a

the publication of such lists,

b

the making of such lists available for public inspection,

c

the notification of the inclusion of a building in, the amendment of an entry relating to a building in or the exclusion of a building from such a list.

4

Regulations under subsection (3) may in particular provide for planning authorities in whose districts any buildings included in such lists are situated to take any of the steps mentioned in that subsection.

I44

Section 2 (publication of lists) is repealed.

Temporary listing

I55

In section 3 (temporary listing: building preservation notices)—

a

in subsection (2) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

b

in subsection (4)—

i

for “the Secretary of State” substitute “ Historic Environment Scotland ”,

ii

in paragraph (b) for “he” substitute “ it ”,

c

in subsection (6)—

i

for “the Secretary of State” substitute “ Historic Environment Scotland ”,

ii

for “he” substitute “ it ”,

iii

in each of paragraphs (a) and (b) for “the Secretary of State's” in both places substitute “Historic Environment Scotland's”.

Certificate that no intention to list building

I66

In section 5A (certificate that building not intended to be listed)—

a

in subsection (1)—

i

for “The Scottish Ministers” substitute “ Historic Environment Scotland ”,

ii

for “they do” substitute “ it does ”,

b

in subsection (2)—

i

for “the Scottish Ministers issue” substitute “ Historic Environment Scotland issues ”,

ii

in paragraph (a) for “they” and “them” substitute “ it ”,

c

in subsection (3) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”.