Schedule 3 – Functions of Historic Environment Scotland in Relation to Listing and Conservation
151.Schedule 3 to the Act makes provision for Historic Environment Scotland’s functions in relation to listed buildings and conservation areas (within the meaning of the 1997 Act) as well as other modifications.
Part 1 – Listing of special buildings
152.Paragraph 2 of Part 1 of the of the schedule confers on Historic Environment Scotland the function of compiling, or approving, lists of buildings of special architectural or historic interest under section 1 of the 1997 Act, currently conferred on Scottish Ministers. Paragraph 3 inserts a new section 1A into the 1997 Act which imposes a duty on Historic Environment Scotland to publish the list compiled under section 1 and to notify certain persons and gives the Scottish Ministers the power to set out in regulations the requirements of such publication and notification. From the point of view of the owner or occupier of a building, the extant arrangements are transferred intact from Ministers to Historic Environment Scotland.
Part 2 – Listed Building Consent
153.Part 2 of the schedule confers on Historic Environment Scotland functions in relation to the grant, modification and revocation of listed building consent. From the point of view of the owner or occupier of a building, the extant arrangements are transferred intact from Ministers to Historic Environment Scotland.
154.Paragraph 8 amends section 7 of the 1997 Act to confer the power (currently held by Scottish Ministers) on Historic Environment Scotland to grant listed building consent.
155.Paragraph 9 of schedule 3 amends section 9 of the 1997 Act to enable the Scottish Ministers to include in regulations the procedure to be followed by planning authorities or the Scottish Ministers in considering and determining an application for listed building consent. Paragraph 9 also inserts section 9(6) which specifies that the regulations must include provisions that require planning authorities to consult with Historic Environment Scotland before granting listed building consent. Under new section 9(6) Ministers may also prescribe which listed building or conservation area applications local authorities must consult on prior to granting or refusing listed building consent or conservation area consent. This means that Historic Environment Scotland will not need to be consulted on all applications, ensuring that it is only involved where a national perspective will add value.
Part 3 – Conservation areas
156.Part 3 of the schedule confers on Historic Environment Scotland functions in relation to conservation areas currently conferred on Scottish Ministers, including functions in relation to building preservation orders. From the point of view of owners or occupiers within a Conservation Area, the extant arrangements are transferred intact from Ministers to Historic Environment Scotland.
Part 4 – Appeals against listing
157.Part 4 of the schedule makes provision for appeals from decisions of Historic Environment Scotland to the Scottish Ministers. This is a new provision, consequent on transfer of duties previously performed by Ministers through their officials. Historic Environment Scotland will have internal processes which it is intended will resolve most disagreements, so it is intended that appeal processes set out in the Act will be required relatively infrequently.
158.Paragraph 18 inserts sections 5B, 5C and 5D into the 1997 Act. This allows any owner, occupier or tenant of a building to appeal to the Scottish Ministers against a decision of Historic Environment Scotland to designate a building as a listed building or to amend the list concerning the building in question (except where the amendment removes the building from the list). Inserted section 5C allows the Scottish Ministers either to dismiss or to allow (in whole or in part) such an appeal, and also allows the Scottish Ministers to direct HES to modify the List to take account of the outcome of an appeal which has been allowed. The determination by the Scottish Ministers of an appeal under this section is final. Inserted section 5D provides that Minsters can set out in regulations the procedures that are to be followed in connection with appeals.
Part 5: Other matters in relation to listing
159.Part 5 of the schedule makes other modifications to the 1997 Act to enable Historic Environment Scotland to undertake functions in relation to listing, including powers of entry.