Historic Environment Scotland Act 2014

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

(introduced by section 16)

PART 1 S LISTING OF SPECIAL BUILDINGS

1 S The 1997 Act is amended as follows.

Modifications etc. (not altering text)

C1 Sch. 3 para. 1 savings for effects of commencing S.S.I. 2015/196 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 13(1)

Commencement Information

I1 Sch. 3 para. 1 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I2 Sch. 3 para. 1 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

Compiling or approving lists of special buildings S

2 S 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 ”.

Modifications etc. (not altering text)

C2 Sch. 3 para. 2 savings for effects of commencing S.S.I. 2015/196 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 13(1)

Commencement Information

I3 Sch. 3 para. 2 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I4 Sch. 3 para. 2 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

Publication of lists and notification of listing S

3 S After section 1 insert—

“1A Publication 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.”.

Modifications etc. (not altering text)

C3 Sch. 3 para. 3 savings for effects of commencing S.S.I. 2015/196 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 13(1)

Commencement Information

I5 Sch. 3 para. 3 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I6 Sch. 3 para. 3 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

4 S Section 2 (publication of lists) is repealed.

Modifications etc. (not altering text)

C4 Sch. 3 para. 4 savings for effects of commencing S.S.I. 2015/196 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 13(1)

Commencement Information

I7 Sch. 3 para. 4 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I8 Sch. 3 para. 4 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

Temporary listing S

5 S 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”.

Modifications etc. (not altering text)

C5 Sch. 3 para. 5 savings for effects of commencing S.S.I. 2015/196 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 13(1)

Commencement Information

I9 Sch. 3 para. 5 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I10 Sch. 3 para. 5 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

Certificate that no intention to list building S

6 S 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 ”.

Modifications etc. (not altering text)

C6 Sch. 3 para. 6 savings for effects of commencing S.S.I. 2015/196 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 13(1)

Commencement Information

I11 Sch. 3 para. 6 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I12 Sch. 3 para. 6 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

PART 2 S LISTED BUILDING CONSENT

7 S The 1997 Act is further amended as follows.

Commencement Information

I13 Sch. 3 para. 7 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I14 Sch. 3 para. 7 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

8 S In section 7 (authorisation of works: listed building consent)—

(a) in subsection (2)—

(i) in paragraph (b) for “the Royal Commission” substitute “ Historic Environment Scotland ”,

(ii) in paragraph (c)(i) for “members or officers of the Commission” substitute “ Historic Environment Scotland ”,

(iii) for paragraph (c)(ii) substitute—

“(ii) Historic Environment Scotland has stated in writing that it has completed its recording of that building or that it does not wish to record it,”,

(b) subsection (4) is repealed,

(c) in subsection (5) for “the Royal Commission” substitute “ Historic Environment Scotland ”.

Commencement Information

I15 Sch. 3 para. 8 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I16 Sch. 3 para. 8 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

9 S In section 9 (making of applications for listed building consent)—

(a) in subsection (3)—

(i) the “and” after paragraph (b) is repealed,

(ii) after paragraph (c) insert “, and

(d) the procedure to be followed by planning authorities or, as the case may be, the Scottish Ministers in considering and determining such applications.”,

(b) after subsection (5) insert—

“(6) The regulations must also require planning authorities, before granting or refusing applications for listed building consent in such cases or classes of case as may be prescribed, to consult—

(a) Historic Environment Scotland,

(b) such other persons as may be—

(i) prescribed, or

(ii) specified in directions given to planning authorities by the Scottish Ministers.

(7) Directions given by virtue of subsection (6)(b)(ii) for the purposes of regulations under this section may be given to—

(a) planning authorities generally,

(b) a particular planning authority, or

(c) a description of planning authority.”.

Commencement Information

I17 Sch. 3 para. 9 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I18 Sch. 3 para. 9 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

Revocation and modification of listed building consent S

10 S In section 22(2) (procedure for orders revoking or modifying listed building consent: opposed cases) after paragraph (c) insert—

“(ca) Historic Environment Scotland,

(cb) such other persons as may be prescribed,”.

Commencement Information

I19 Sch. 3 para. 10 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I20 Sch. 3 para. 10 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

11 S In section 23(1)(b) (procedure for orders revoking or modifying listed building consent: unopposed cases) after “land” insert “ , Historic Environment Scotland, such other persons as may be prescribed ”.

Commencement Information

I21 Sch. 3 para. 11 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I22 Sch. 3 para. 11 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

PART 3 S CONSERVATION AREAS

12 S The 1997 Act is further amended as follows.

Commencement Information

I23 Sch. 3 para. 12 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I24 Sch. 3 para. 12 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

13 S 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 ”.

Commencement Information

I25 Sch. 3 para. 13 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I26 Sch. 3 para. 13 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

14 S 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 ”.

Commencement Information

I27 Sch. 3 para. 14 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I28 Sch. 3 para. 14 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

15 S 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 ”.

Commencement Information

I29 Sch. 3 para. 15 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I30 Sch. 3 para. 15 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

16 S Paragraph 3 of schedule 1 is repealed.

Commencement Information

I31 Sch. 3 para. 16 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I32 Sch. 3 para. 16 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

PART 4 S APPEALS AGAINST LISTING

17 S The 1997 Act is further amended as follows.

Commencement Information

I33 Sch. 3 para. 17 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I34 Sch. 3 para. 17 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

18 S After section 5A (certificate that building not intended to be listed) insert—

“5B Appeal 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.

5C Determination 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.

5D Procedure 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.”.

Commencement Information

I35 Sch. 3 para. 18 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I36 Sch. 3 para. 18 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

19 S In section 19(3) (appeals: supplementary provisions) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

Commencement Information

I37 Sch. 3 para. 19 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I38 Sch. 3 para. 19 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

20 S In section 20(1) (determination of appeals) for paragraph (b) substitute—

“(b) 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.”.

Commencement Information

I39 Sch. 3 para. 20 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I40 Sch. 3 para. 20 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

21 S In section 37(4) (determination of appeals under section 35) for paragraph (c) substitute—

“(c) 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 that determination.”.

Commencement Information

I41 Sch. 3 para. 21 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I42 Sch. 3 para. 21 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

22 S In section 57(2) (validity of certain orders and decisions) before paragraph (a) insert—

“(za) any decision of the Scottish Ministers on an appeal under section 5B,”.

Commencement Information

I43 Sch. 3 para. 22 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I44 Sch. 3 para. 22 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

23 S In schedule 3 (determination of certain appeals by person appointed by the Scottish Ministers)—

(a) in paragraph 1(1) after “sections” insert “ 5B, ”,

(b) in paragraph 2(1) before paragraph (a) insert—

“(za) in relation to an appeal under section 5B as the Scottish Ministers have under section 5C and paragraph 2(1A) of schedule 1,”,

(c) in paragraph 3(3) after “section” insert “ 5B, ”,

(d) in paragraph 5(3) paragraph (a) is repealed (together with the “or” immediately following it).

Commencement Information

I45 Sch. 3 para. 23 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I46 Sch. 3 para. 23 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

PART 5 S OTHER MATTERS IN RELATION TO LISTING

24 S The 1997 Act is further amended as follows.

Commencement Information

I47 Sch. 3 para. 24 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I48 Sch. 3 para. 24 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

Compensation S

25 S In section 26(1) (compensation for loss or damage caused by service of building preservation notice) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

Commencement Information

I49 Sch. 3 para. 25 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I50 Sch. 3 para. 25 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

Application of 1997 Act to land and works of planning authorities S

26 S In section 73 (application of 1997 Act to land and works of planning authorities)—

(a) in subsection (1) for “sections 1(1) and (3) and 2” substitute “ section 1(1) and (3) ”,

(b) in subsection (4) “section 2(2) and” is repealed.

Commencement Information

I51 Sch. 3 para. 26 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I52 Sch. 3 para. 26 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

Powers of entry S

27 S In section 76 (rights of entry)—

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

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

(c) in subsection (3) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

Commencement Information

I53 Sch. 3 para. 27 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I54 Sch. 3 para. 27 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

Building preservation notices S

28 S In schedule 2 (lapse of building preservation notice) in paragraph 1(b) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

Commencement Information

I55 Sch. 3 para. 28 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I56 Sch. 3 para. 28 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)