Historic Environment Scotland Act 2014 (asp 19)

SCHEDULE 2 S FUNCTIONS OF HISTORIC ENVIRONMENT SCOTLAND IN RELATION TO SCHEDULED MONUMENTS

PART 4 S SCHEDULED MONUMENTS: STOP NOTICES

23 S The 1979 Act is further amended as follows.

Commencement Information

I1 Sch. 2 para. 23 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I2 Sch. 2 para. 23 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

24 S In section 9G (stop notices)—

(a) in subsection (1) for “the Scottish Ministers consider” substitute “ Historic Environment Scotland considers ”,

(b) in subsection (2)—

(i) for “The Scottish Ministers” substitute “ Historic Environment Scotland ”,

(ii) for “they serve” substitute “ it serves ”,

(c) in subsection (3) for “the Scottish Ministers require” substitute “ Historic Environment Scotland requires ”,

(d) in subsection (5)(a) for “the Scottish Ministers consider” substitute “ Historic Environment Scotland considers ”,

(e) in subsection (6)—

(i) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”,

(ii) for “them” substitute “ it ”,

(f) in subsection (7)—

(i) for “The Scottish Ministers” substitute “ Historic Environment Scotland ”,

(ii) for “their” substitute “ its ”.

Commencement Information

I3 Sch. 2 para. 24 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I4 Sch. 2 para. 24 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

25 S In section 9H (stop notices: supplementary provisions)—

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

(b) in subsection (4) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”.

Commencement Information

I5 Sch. 2 para. 25 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I6 Sch. 2 para. 25 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

26 S After that section insert—

“9HA Power of the Scottish Ministers to serve stop notice

(1) If it appears to the Scottish Ministers that it is expedient that a stop notice should be served in respect of any monument or land in, on or under which there is a scheduled monument, they may serve such a notice under section 9G.

(2) A stop notice served by the Scottish Ministers has the same effect as if it had been served by Historic Environment Scotland.

(3) The Scottish Ministers must not serve such a notice without consulting Historic Environment Scotland.

(4) The provisions of this Act relating to stop notices apply, so far as relevant, to a stop notice served by the Scottish Ministers as they apply to a stop notice served by Historic Environment Scotland, but with the substitution for any reference to Historic Environment Scotland of a reference to the Scottish Ministers, and any other necessary modifications.”.

Commencement Information

I7 Sch. 2 para. 26 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I8 Sch. 2 para. 26 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

27 S In section 9I (compensation for loss due to stop notice)—

(a) in subsection (1) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”,

(b) in subsection (3)(c)—

(i) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”,

(ii) for “them” substitute “ it ”,

(c) in subsection (5)(b) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”.

Commencement Information

I9 Sch. 2 para. 27 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I10 Sch. 2 para. 27 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

28 S In section 9K (temporary stop notices)—

(a) in subsection (1)—

(i) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”,

(ii) for “they may, if they consider” substitute “ it may, if it considers ”,

(b) in subsection (2)(c) for “the Scottish Ministers'” substitute “Historic Environment Scotland's”,

(c) in subsection (3) for “the Scottish Ministers” in both places substitute “ Historic Environment Scotland ”,

(d) in subsection (4) for “The Scottish Ministers” substitute “ Historic Environment Scotland ”,

(e) in subsection (8) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”.

Commencement Information

I11 Sch. 2 para. 28 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I12 Sch. 2 para. 28 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

29 S In section 9L(1) (temporary stop notices: restrictions) for “the Scottish Ministers have” substitute “ Historic Environment Scotland has ”.

Commencement Information

I13 Sch. 2 para. 29 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I14 Sch. 2 para. 29 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

30 S In section 9N (temporary stop notices: compensation)—

(a) in subsection (1) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”,

(b) in subsection (2)(b) for “the Scottish Ministers withdraw” substitute “ Historic Environment Scotland withdraws ”.

Commencement Information

I15 Sch. 2 para. 30 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I16 Sch. 2 para. 30 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)