Ancient Monuments and Archaeological Areas Act 1979

[F1 9A Power to issue scheduled monument enforcement notice S

(1) Where it appears to the Scottish Ministers that—

(a) any works have been, or are being, executed to a scheduled monument or to land in, on or under which there is a scheduled monument, and

(b) the works are such as to involve a contravention of section 2(1) or (6),

they may, if they consider it expedient having regard to the effect of the works on the character of the monument as one of national importance, serve a notice under this section (in this Act referred to as a “scheduled monument enforcement notice”).

(2) A scheduled monument enforcement notice must specify the alleged contravention and must (either or both)—

(a) specify any works falling within subsection (1) which the Scottish Ministers require to cease,

(b) require steps falling within subsection (3) and specified in the notice to be taken.

(3) Those steps are—

(a) for restoring the monument or land to its former state,

(b) if the Scottish Ministers consider that restoration to its former state would not be reasonably practicable or would be undesirable, for executing such further works specified in the notice as they consider are required to alleviate in a manner acceptable to them the effect of the works which were carried out without scheduled monument consent, or

(c) for bringing the monument or land to the state it would have been in if the conditions of any scheduled monument consent for the works had been complied with.

(4) In considering whether restoration is undesirable under subsection (3)(b), the Scottish Ministers are to have regard to the desirability of preserving—

(a) the national importance of the monument,

(b) its features of historical, architectural, traditional, artistic or archaeological interest.

(5) Where further works of a kind mentioned in subsection (3)(b) have been carried out on a monument or land, scheduled monument consent is treated as having been granted in respect of the works carried out on that monument or land.]

Textual Amendments

F1 Ss. 9A-9O and cross-heading 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. 6(1), 33(2); S.S.I. 2011/174, art. 2, Sch.; S.S.I. 2011/372, art. 2, Sch.