40SIn section 9O (interdicts restraining unauthorised works on scheduled monuments)—
(a)in subsection (1)—
(i)for “they have exercised or propose to exercise any of their” substitute “ Historic Environment Scotland has exercised or proposes to exercise any of its ”,
(ii)for “the Scottish Ministers” substitute “ it ”,
(b)after that subsection insert—
“(1A)Whether or not the Scottish Ministers have exercised or propose to exercise any of their powers under this Act, they may seek to restrain or prevent any actual or apprehended breach of any of the controls provided by or under this Act on the execution of works affecting scheduled monuments by means of an application for interdict.”,
(c)in subsection (2) for “subsection (1)” substitute “ subsection (1) or (1A) ”.
Commencement Information
I1Sch. 2 para. 40 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.
I2Sch. 2 para. 40 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)