Historic Environment Scotland Act 2014

SCHEDULE 4 FUNCTIONS OF HISTORIC ENVIRONMENT SCOTLAND IN RELATION TO THE MARINE ENVIRONMENT

(introduced by section 17)

1 The Marine (Scotland) Act 2010 (asp 5) is amended as follows.

2 After section 80 (advice etc. by Scottish Natural Heritage) insert—

“80A Advice etc. by Historic Environment Scotland as regards Historic MPAs

(1) Historic Environment Scotland may give advice and guidance as to—

(a) the matters which are capable of damaging or otherwise affecting any marine historic asset in a Historic MPA,

(b) how any stated preservation objectives for a Historic MPA may be furthered, or how the achievement of any such objectives may be hindered, and

(c) the assessment by a public authority of the matters in section 83(4)(b)(i) and (ii) including what factors the authority should take into account.

(2) Advice or guidance as to any of the matters in paragraph (a) to (c) of subsection (1) may be given—

(a) in relation to—

(i) a particular Historic MPA,

(ii) all Historic MPAs generally,

(b) in relation to a particular public authority or public authorities generally.”.

3 In section 82 (duties of public authorities in relation to marine protected areas etc.)—

(a) in subsection (3) after “Heritage” insert “or Historic Environment Scotland”,

(b) in subsection (5) after “Heritage” insert “or Historic Environment Scotland”,

(c) in subsection (6) after sub-paragraph (i) insert—

“(ia) Historic Environment Scotland has given advice or guidance to the authority under section 80A,”,

(d) in subsection (7) after “Heritage” insert “or Historic Environment Scotland”,

(e) in subsection (10) after “Heritage” insert “or Historic Environment Scotland”,

(f) in subsection (12) after “80” insert “, by Historic Environment Scotland under section 80A”,

(g) in subsection (13)—

(i) the words from “it is appropriate” to “Research MPA” become paragraph (a) of that subsection,

(ii) after that paragraph insert—

“(b) it is appropriate to inform Historic Environment Scotland where the exercise of the public authority’s functions or the act or omission in question relates to a Historic MPA.”.

4 In section 83 (duties of public authorities in relation to certain decisions)—

(a) in subsection (2) after “Heritage” insert “or Historic Environment Scotland”,

(b) in subsection (8) after “80” insert “, by Historic Environment Scotland under section 80A”,

(c) in subsection (9)—

(i) the words from “it is appropriate” to “Research MPA” become paragraph (a) of that subsection,

(ii) after that paragraph insert—

“(b) it is appropriate to inform Historic Environment Scotland where the act relates to a Historic MPA.”.

5 In section 84 (failure to comply with duties) after subsection (3) insert—

“(3A) In relation to a Historic MPA if, in the opinion of Historic Environment Scotland, a public authority has failed—

(a) to act in accordance with advice or guidance given by Historic Environment Scotland under section 80A,

(b) to comply with any of its duties under section 82(2) or 83(3) or (4),

Historic Environment Scotland may request from the authority an explanation in writing for the failure.

(3B) Historic Environment Scotland must send a copy of a request by it under subsection (3A) to the Scottish Ministers.

(3C) On receiving a request under subsection (3A), the public authority must—

(a) provide Historic Environment Scotland with the requested explanation for the failure,

(b) send a copy of the explanation to the Scottish Ministers.”.