3(1)The Secretary of State [F1or Historic Environment Scotland] may grant scheduled monument consent in respect of all or any part of the works to which an application for scheduled monument consent relates.E+W+S
[F2(2)Before determining whether or not to grant scheduled monument consent on any application therefor, the Secretary of State shall either—
(a)cause a public local inquiry to be held; or
(b)afford to the applicant, and to any other person to whom it appears to the Secretary of State expedient to afford it, an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.]
[F2The Scottish Ministers may by regulations make provision for the procedure to be followed by Historic Environment Scotland in considering and determining applications for scheduled monument consent.]
[F2(3)Before determining whether or not to grant scheduled monument consent on any application therefor the Secretary of State—
(a)shall in every case consider any representations made by any person with respect to that application before the time when he considers his decision thereon (whether in consequence of any notice given to that person in accordance with any requirements of regulations made by virtue of paragraph 2 above or of any publicity given to the application by the Secretary of State, or otherwise); and
(b)shall also, if any inquiry or hearing has been held in accordance with sub-paragraph (2) above, consider the report of the person who held it. [F3and
(c)shall, if the monument in question is situated in England, consult with the Commission.]
(4)The Secretary of State [F4or, as the case may be, Historic Environment Scotland] shall serve notice of [F5his] [F5the] decision with respect to the application on the applicant and on every person who has made representations [F6to him] with respect to the application.]
[F7(5)This paragraph does not apply to applications for scheduled monument consent in respect of works to a scheduled monument situated in Wales.]
Textual Amendments
F1Words in Sch. 1 para. 3(1) inserted (S.) (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(6)(a) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F2Sch. 1 para. 3(2) substituted for Sch. 1 para. 3(2)(3) (S.) (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(6)(b) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F3Para. 3(3)(c) inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 68(3)
F4Words in Sch. 1 para. 3(4) inserted (S.) (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(6)(c)(i) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F5Word in Sch. 1 para. 3(4) substituted (S.) (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(6)(c)(ii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F6Words in Sch. 1 para. 3(4) repealed (S.) (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(6)(c)(iii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F7Sch. 1 para. 3(5) inserted (E.W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 9(1), 41(2)
Modifications etc. (not altering text)
C1Sch. 1 para. 3 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