Historic Environment Scotland Act 2014 (asp 19)

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

PART 3 CONSERVATION AREAS

12 The 1997 Act is further amended as follows.

13 In section 61(2) (designation of conservation areas)—

(a) for “The Secretary of State” substitute “Historic Environment Scotland”,

(b) for “he so determines, he” substitute “Historic Environment Scotland so determines, it”.

14 In section 62 (designation of conservation areas: supplementary provisions)—

(a) in subsection (1) after “State” insert “and Historic Environment Scotland”,

(b) for subsection (2) substitute—

“(2) Historic Environment Scotland must—

(a) give notice to a planning authority of—

(i) the designation of any part of their district as a conservation area under section 61(2), and

(ii) any variation or cancellation of any such designation,

(b) give notice to the Scottish Ministers of the designation and of any such variation or cancellation.”,

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

(d) in subsection (5) for “the Secretary of State” substitute “Historic Environment Scotland”.

15 In paragraph 2 of schedule 1 (buildings formerly subject to building preservation orders)—

(a) for sub-paragraph (1) substitute—

“(1) Historic Environment Scotland may at any time direct that paragraph 1 no longer applies to a particular building.

(1A) The Scottish Ministers may direct that paragraph 1 no longer applies to a particular building if the building is referred to in a notice of appeal under section 5B, 18 or 35 relating to the building (whether or not they are requested to do so).”,

(b) in sub-paragraph (2) for “such a direction” substitute “a direction under sub-paragraph (1) or (1A)”,

(c) after sub-paragraph (2) insert—

“(2A) Where a direction is given under sub-paragraph (1) or (1A), Historic Environment Scotland or (as the case may be) the Scottish Ministers must notify the other.”,

(d) in sub-paragraph (3)—

(i) for “such a direction” substitute “a direction under sub-paragraph (1) or (1A)”,

(ii) for “the Secretary of State” substitute “Historic Environment Scotland or (as the case may be) the Scottish Ministers”.

16 Paragraph 3 of schedule 1 is repealed.