Ancient Monuments and Archaeological Areas Act 1979

62 Special provision for Scotland

(1) This Act shall be treated as if it had been passed before the [1978 c. 51.] Scotland Act 1978 for the purposes of the following provisions of that Act (which adapt certain provisions of earlier legislation in their application to devolved matters)—

• section 21(2) (exercise by a Scottish Secretary of executive powers and duties of Ministers of the Crown);

• section 22(1) and (2) (powers of Scottish Secretary and Assembly with respect to subordinate instruments);

• section 60(1) (money formerly payable out of or into United Kingdom funds to be payable out of or into the Scottish Consolidated Fund);

• section 74(2) (construction of references to property vested in a Government department);

• section 78 (reports formerly required to be laid before Parliament to be laid instead before the Scottish Assembly); and

• section 82(1) and (3) (construction of references to Ministers of the Crown and power to make consequential amendments in earlier legislation).

(2) The reference in Schedule 5 to that Act to sections 4 to 6 of the Historic Buildings and Ancient Monuments Act 1953 shall be construed as including a reference to the section 4A inserted in the said Act of 1953 by section 48(2) of this Act.

(3) Part III of Schedule 10 to the Scotland Act 1978 (which lists devolved and non-devolved matters dealt with in enactments) shall be amended by the addition at the end thereof of the following entry—

The Ancient Monuments and Archaeological Areas Act 1979.

The function under section 44(9) in respect of land held by excepted statutory undertakers and the power of the Treasury to determine questions under section 50(4) are not included.

(4) In this Act, in relation to any land in Scotland, " occupier " means an occupier with an interest in that land which is heritable and, if there is no such occupier, the owner thereof shall be deemed to be the occupier.

(5) In relation to land in Scotland, any reference in this Act—

(a) to a mortgage shall be construed as a reference to a heritable security;

(b) to a mortgagee shall be construed as a reference to a creditor in a heritable security; and

(c) to a first mortgagee shall be construed as a reference to a creditor in a heritable security which ranks prior to any other heritable security over the same land.