Search Legislation

The Scheduled Monument Consent Procedure (Scotland) Regulations 2015

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Certificates and notices

This section has no associated Policy Notes

5.—(1) An applicant for scheduled monument consent is to give notice in terms of Form 1 set out in the Schedule to any other person who at the beginning of the prescribed period is the owner of the monument to which the application relates.

(2) The applicant is to issue a certificate stating, as appropriate, that—

(a)at the beginning of the prescribed period no person (other than the applicant) was the owner of the monument to which the application relates;

(b)the applicant has given notice in accordance with paragraph (1);

(c)the applicant—

(i)is unable to issue a certificate in accordance with sub-paragraph (a) or (b); and

(ii)has given notice to at least one person entitled to receive notice under paragraph (1) but, having taken reasonable steps to ascertain the names and addresses of other such persons, was unable to give notice to those other persons; and

(d)the applicant—

(i)is unable to issue a certificate in accordance with sub-paragraph (a); and

(ii)having taken reasonable steps to ascertain the names and addresses of any person entitled to receive notice under paragraph (1), was unable to give notice to any such person.

(3) A certificate issued—

(a)under paragraph (2)(b) or (c) must set out the name of every person to whom notice was given and the address at and the date on which such notice was given; and

(b)under paragraph (2)(c) or (d) must specify the steps taken to ascertain the names and addresses of those persons to whom the applicant has been unable to give notice.

(4) For the purposes of this regulation—

“the 1911 Act” means the Small Landholders (Scotland) Act 1911(1);

“the 1991 Act” means the Agricultural Holdings (Scotland) Act 1991(2);

“the 2003 Act” means the Agricultural Holdings (Scotland) Act 2003(3);

“agricultural tenant” means—

(a)

in the case of an agricultural lease constituting a 1991 Act tenancy within the meaning of the 2003 Act, the tenant within the meaning of section 85 of the 1991 Act;

(b)

in the case of a lease constituting a short limited duration tenancy or a limited duration tenancy under the 2003 Act, the tenant within the meaning of section 93 of that Act;

(c)

in the case of a holding within the meaning of the 1911 Act to which the 1991 Act does not apply, the landholder within the meaning of section 2(2) of the 1911 Act;

“owner of the monument” is—

(a)

any person who, in respect of any part of the land in, on or under which there is a scheduled monument, is under the Lands Clauses Acts enabled to sell and convey that land to promoters of an undertaking;

(b)

any person who is entitled to possession of that land as a tenant under a lease the unexpired period of which is not less than 10 years;

(c)

any tenant of a croft within the meaning of section 3, or any owner-occupier crofter of an owner-occupied croft under section 19B(5), of the Crofters (Scotland) Act 1993(4) where any part of that croft is comprised in that land to which the application relates; or

(d)

any agricultural tenant of land any part of which is comprised in that land to which the application relates; and

“prescribed period” means the period of 21 days ending with the date of the application.

(4)

1993. c.44; section 19B(5) was inserted by section 34 of the Crofting Reform (Scotland) Act 2010 (asp 14).

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

Opening Options

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

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

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 made 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