Search Legislation

Historic Environment Scotland Act 2014

Status:

This is the original version (as it was originally enacted).

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

(introduced by section 17)

This schedule has no associated Explanatory Notes

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

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

80AAdvice 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..

3In 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..

4In 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..

5In 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..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources