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Ancient Monuments and Archaeological Areas Act 1979
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Ancient Monuments and Archaeological Areas Act 1979, Section 4B is up to date with all changes known to be in force on or before 18 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 1(3A) inserted by 2023 asc 3 Sch. 13 para. 20(b)
- s. 1AA-1AE omitted by 2023 asc 3 Sch. 13 para. 21
- s. 7(4A) inserted by 2016 anaw 4 s. 10(2)
- s. 33(1A) inserted by 2023 asc 3 Sch. 13 para. 35(a)
[F14BAppeal in relation to scheduled monument consentS
(1)This section applies where Historic Environment Scotland makes a decision—
(a)refusing an application for scheduled monument consent,
(b)granting such an application subject to conditions,
(c)refusing an application for variation or discharge of conditions to which a scheduled monument consent is subject,
(d)granting such an application subject to conditions,
(e)refusing an application for subsequent approval required by a condition to which a scheduled monument consent is subject.
(2)A person who made the application mentioned in subsection (1) may appeal the decision to the Scottish Ministers.
(3)A person may also appeal to the Scottish Ministers where Historic Environment Scotland has not given notice of its decision on an application mentioned in subsection (1)(a), (c) or (e) within the prescribed period or such other longer period as may be agreed between the applicant and Historic Environment Scotland.
(4)An appeal under this section may include the ground that—
(a)the monument should not be included in the Schedule,
(b)the entry in the Schedule relating to the monument should be amended.]
Textual Amendments
F1Ss. 4B-4D 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. 33 (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
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