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Ancient Monuments and Archaeological Areas Act 1979

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Part IE+W+S Applications for Scheduled Monument Consent

1(1)Provision may be made by regulations under this Act with respect to the form and manner in which applications for scheduled monument consent are to be made, the particulars to be included therein and the information to be provided by applicants or (as the case may be) by [F1the Secretary of State] [F1Historic Environment Scotland] in connection therewith.E+W+S

[F2(1A)The Scottish Ministers may by regulations make provision as to—

(a)the manner in which scheduled monument consent is to be granted;

(b)the form and content of scheduled monument consent.]

(2)Any scheduled monument consent (including scheduled monument consent granted by order under section 3 of this Act) shall (except so far as it otherwise provides) enure for the benefit of the monument and of all persons for the time being interested therein.

Textual Amendments

F1Words in Sch. 1 para. 1(1) 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(2) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F2Sch. 1 para. 1(1A) 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(2), 33(2); S.S.I. 2011/174, art. 2, Sch.; S.S.I. 2011/372, art. 2, Sch.

Modifications etc. (not altering text)

C1Sch. 1 para. 1 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

2(1)[F3The 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.]

[F3[F4The Scottish Ministers] [F4Historic 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.]

(2)[F5Any 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.]

[F5The 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[or 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 [F6level 3 on the standard scale].

Textual Amendments

F3Para. 2(2)(2A) Sch. 1 para. 2(1) substituted for Sch. 1 para. 2(1)para. 2(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.

F4Words 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.

F5Sch. 1 para. 2(2)(2A) substituted for Sch. 1 para. 2(2) (S.) (30.6.2011 for specified purposes) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 15(3)(a), 33(2); S.S.I. 2011/174, art. 2, Sch.

Modifications etc. (not altering text)

C2 Sch. 1 para. 2 modified (1.1.1993) by S.I. 1992/3138 , reg. 4(2) , Sch. 2 para.1 .

C4Sch. 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

C6Words 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.

[F72AE+W+SAs soon as practicable after receiving an application for scheduled monument consent in relation to a monument situated in England, the Secretary of State shall send a copy of the application to the Commission.]

[F8 2B (1)Where sub-paragraph (2) or (3) applies, [F9Historic Environment Scotland] may refuse to entertain an application for scheduled monument consent.S

(2)This sub-paragraph applies where—

(a)within the period of 2 years ending with the date the application is received, [F10Historic Environment Scotland has or] the Scottish Ministers have refused [F11or the Scottish Ministers have dismissed an appeal against the refusal of, or an appeal under section 4B(3) in respect of,] a similar application; and

(b)in [F12its] opinion there has been no significant change in any material considerations since the similar application was refused [F13or the appeal was dismissed] .

(3)This sub-paragraph applies where the application is made at a time when a similar application is under consideration.

(4)For the purposes of this paragraph, an application for scheduled monument consent is to be taken to be similar to another such application only if the scheduled monument and the works to which the applications relate are, in the opinion of [F14Historic Environment Scotland] , the same or substantially the same.]

Textual Amendments

F8Sch. 1 para. 2B inserted (S.) (1.12.2011, 1.12.2011 in so far as not already in force) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 16, 33(2); S.S.I. 2011/372, art. 2, Sch.

F9Words in Sch. 1 para. 2B(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(4)(a) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F10Words in Sch. 1 para. 2B(2)(a) 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. 14(4)(b)(i) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F11Words in Sch. 1 para. 2B(2)(a) 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. 14(4)(b)(ii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F12Word in Sch. 1 para. 2B(2)(b) 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(4)(c)(i) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F13Words in Sch. 1 para. 2B(2)(b) 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. 14(4)(c)(ii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F14Words in Sch. 1 para. 2B(4) 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(4)(d) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

Modifications etc. (not altering text)

C8Sch. 1 para. 2B 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

[F152C(1)If Historic Environment Scotland, on an application to it for scheduled monument consent, intends to grant that consent, it must, where sub-paragraph (2) applies, first notify the Scottish Ministers of the application.S

(2)This sub-paragraph applies where—

(a)regulations, or

(b)directions given to Historic Environment Scotland by the Scottish Ministers,

provide that the application must be so notified.

(3)The Scottish Ministers may within the period of 28 days beginning with the date of the notification—

(a)direct the reference of the application to them under section 3B, or

(b)give notice to Historic Environment Scotland that they require further time in which to consider whether to require such a reference.

(4)Historic Environment Scotland must not grant scheduled monument consent until—

(a)the period mentioned in sub-paragraph (3) has expired without the Scottish Ministers directing the reference of the application to them or giving notice under paragraph (b) of that sub-paragraph, or

(b)the Scottish Ministers have notified Historic Environment Scotland that they do not intend to require the reference of the application.

Textual Amendments

F15Sch. 1 paras. 2C, 2D 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(5) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

2DSThe Scottish Ministers may give directions to Historic Environment Scotland requiring it, in such cases or classes of case as may be specified in the directions, to notify to Ministers and to such other persons as may be so specified—

(a)any applications made to it for scheduled monument consent, and

(b)the decisions taken on those applications.]

Textual Amendments

F15Sch. 1 paras. 2C, 2D 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(5) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

3(1)The Secretary of State [F16or 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

[F17(2)Before determining whether or not to grant scheduled monument consent on any application therefor, the Secretary of State [F18shall] [F18may] 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.]

[F17The 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.]

[F17(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. [F19and

(c)shall, if the monument in question is situated in England, consult with the Commission.]

(4)The Secretary of State [F20or, as the case may be, Historic Environment Scotland] shall serve notice of [F21his] [F21the] decision with respect to the application on the applicant and on every person who has made representations [F22to him] with respect to the application.]

Textual Amendments

F16Words 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.

F17Sch. 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.

F18Word in Sch. 1 para. 3(2) substituted (S.) (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 17, 33(2); S.S.I. 2011/372, art. 2, Sch.

F20Words 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.

F21Word 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.

F22Words 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.

Modifications etc. (not altering text)

C9Sch. 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

4[F23(1)Subsections (2) to (5) of section 250 of the M1Local Government Act 1972 (evidence and costs at local inquiries) shall apply to a public local inquiry held in pursuance of paragraph 3(2) above in relation to a monument situated in England and Wales as they apply where a Minister or the Secretary of State causes an inquiry to be held under subsection (1) of that section.E+W+S

(2)Subsections (2) to (8) of section 210 of the M2Local Government (Scotland) Act 1973 (evidence and expenses at local inquiries) shall apply to a public local inquiry held in pursuance of paragraph 3(2) above in relation to a monument situated in Scotland as they apply where a Minister or the Secretary of State causes an inquiry to be held under subsection (1) of that section.]

Textual Amendments

F23Sch. 1 para. 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(7) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

Modifications etc. (not altering text)

C10Sch. 1 para. 4 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

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