2(1)[F1The Secretary of State may refuse to entertain an application for scheduled monument consent unless it is accompanied by one or other of the following certificates signed by or on behalf of the applicant, that is to say—E+W+S
(a)a certificate stating that, at the beginning of the period of twenty-one days ending with the application, no person other than the applicant was the owner of the monument;
(b)a certificate stating that the applicant has given the requisite notice of the application to all the persons other than the applicant who, at the beginning of that period, were owners of the monument;
(c)a certificate stating that the applicant is unable to issue a certificate in accordance with either of the preceding paragraphs, that he has given the requisite notice of the application to such one or more of the persons mentioned in paragraph (b) above as are specified in the certificate, that he has taken such steps as are reasonably open to him to ascertain the names and addresses of the remainder of those persons and that he has been unable to do so;
(d)a certificate stating that the applicant is unable to issue a certificate in accordance with paragraph (a) above, that he has taken such steps as are reasonably open to him to ascertain the names and addresses of the persons mentioned in paragraph (b) above and that he has been unable to do so.]
[F1[F2Historic Environment Scotland] may refuse to entertain an application for scheduled monument consent unless it is accompanied by a certificate as to the interests in the monument to which the application relates.]
[F1(2)Any certificate issued for the purposes of sub-paragraph (1) above—
(a)shall contain such further particulars of the matters to which the certificate relates as may be prescribed by regulations made for the purposes of this paragraph; and
(b)shall be in such form as may be so prescribed;
and any reference in that sub-paragraph to the requisite notice is a reference to a notice in the form so prescribed.]
[F1The Scottish Ministers may by regulations—
(a)make provision as to the notice of any application for scheduled monument consent to be given to any person (other than the applicant) who, at the beginning of the period of 21 days ending with the date of the application, was the owner of the monument;
(b)make provision for publicising applications for scheduled monument consent;
(c)make provision as to—
(i)the form and content of certificates such as are mentioned in sub-paragraph (1) and notices such as are mentioned in paragraph (a);
(ii)service of such notices;
(d)make provision as to such further particulars of the matters to which such certificates relate as may be prescribed;
(e)require an applicant for scheduled monument consent to certify, in such form as may be prescribed, or to provide evidence, that any requirements of the regulations have been satisfied.
(2A)Regulations under sub-paragraph (2) may make different provision for different classes of case.]
(3)Regulations made for the purposes of this paragraph may make provision as to who, in the case of any monument, is to be treated as the owner for those purposes.
(4)If any person issues a certificate which purports to comply with the requirements of this paragraph [F3or of regulations made by the Welsh Ministers under it] [F4or regulations made under it] and which contains a statement which he knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding [F5level 3 on the standard scale].
Textual Amendments
F1 Sch. 1 para. 2(1)-(2A) substituted for Sch. 1 para. 2(1)(2) (S.) (30.6.2011 for specified purposes, 1.12.2011 in so far as not already in force) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 15(3)(a), 33(2); S.S.I. 2011/174, art. 2, Sch.; S.S.I. 2011/372, art. 2, Sch.; S.S.I. 2011/174, art. 2, Sch.; S.S.I. 2011/372, art. 2, Sch.
F2Words in Sch. 1 para. 2(1) substituted (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. 14(3) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F3Words in Sch. 1 para. 2(4) inserted (E.W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 7, 41(2)
F4Words in Sch. 1 para. 1(4) inserted (S.) (30.6.2011 for specified purposes, 1.12.2011 in so far as not already in force) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 15(3)(b), 33(2); S.S.I. 2011/174, art. 2, Sch.; S.S.I. 2011/372, art. 2, Sch.
F5 Words substituted by virtue of Criminal Justice Act 1982 (c. 48) , s. 46 and Criminal Procedure (Scotland) Act 1975 (c. 21) , s. 289G (as inserted by Criminal Justice Act 1982 (c. 48) , s. 54 )
Modifications etc. (not altering text)
C1 Sch. 1 para. 2 modified (1.1.1993) by S.I. 1992/3138 , reg. 4(2) , Sch. 2 para.1 .
C2 Sch. 1 para. 2 modified (S.) (28.12.2007) by The Transport and Works (Scotland) Act 2007 (Consents under Enactments) Regulations 2007 (S.S.I. 2007/569) , regs. 1 , 6(2)
C3Sch. 1 para. 2 savings for effects of 2014 asp 19, Sch. 2 para. 14 (S.) (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 6
C4Sch. 1 para. 2(1)(2) savings for effects of 2011 asp 3 s. 15(3) (S.) (1.12.2011) by The Historic Environment (Amendment) (Scotland) Act 2011 (Saving, Transitional and Consequential Provisions) Order 2011 (S.S.I. 2011/377), arts. 1(1), 3
C5Words in Sch. 1 para. 1(4) inserted (S.) (30.6.2011 for specified purposes, 1.12.2011 in so far as not already in force) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 15(3)(b), 33(2); S.S.I. 2011/174, art. 2, Sch.; S.S.I. 2011/372, art. 2, Sch.