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Ancient Monuments and Archaeological Areas Act 1979

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[F14AModification and revocation of scheduled monument consent by Scottish MinistersS

(1)If it appears to the Scottish Ministers that it is expedient to modify or revoke a scheduled monument consent, they may by order under this section modify or revoke the consent to such extent as they consider expedient.

(2)The Scottish Ministers may not make an order under this section without consulting Historic Environment Scotland.

(3)Where the Scottish Ministers propose to make such an order, they must serve notice on—

(a)the owner of the scheduled monument affected,

(b)where the owner is not the occupier of the monument, the occupier, and

(c)any other person who in their opinion will be affected by the order.

(4)The notice must specify the period (which must not be less than 28 days after its service) within which any person on whom it is served may require an opportunity of appearing before and being heard by a person appointed by the Scottish Ministers for the purpose.

(5)If within that period a person on whom the notice is served so requires, the Scottish Ministers must, before they make the order, give such an opportunity both to that person and to Historic Environment Scotland.

(6)The power conferred by this section to modify or revoke a scheduled monument consent in relation to any works may be exercised at any time before those works have been completed, but the modification or revocation does not affect so much of those works as has been previously carried out.

(7)An order under this section has effect as if it had been made by Historic Environment Scotland under section 4 and confirmed by the Scottish Ministers under paragraph 10 of Part 2 of schedule 1.]

Textual Amendments

F1S. 4A inserted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 8 (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

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