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SCHEDULE 3SFUNCTIONS OF HISTORIC ENVIRONMENT SCOTLAND IN RELATION TO LISTING AND CONSERVATION

(introduced by section 16)

PART 1 SLISTING OF SPECIAL BUILDINGS

1SThe 1997 Act is amended as follows.

Modifications etc. (not altering text)

Commencement Information

I1Sch. 3 para. 1 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I2Sch. 3 para. 1 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

Compiling or approving lists of special buildingsS

2SIn section 1 (listing of buildings of special architectural or historic interest)—

(a)in subsection (1) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

(b)in subsection (2) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

(c)in subsection (3)—

(i)for “the Secretary of State” substitute “ Historic Environment Scotland ”,

(ii)for “him” substitute “ it ”,

(d)in subsection (4) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

Modifications etc. (not altering text)

Commencement Information

I3Sch. 3 para. 2 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I4Sch. 3 para. 2 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

Publication of lists and notification of listingS

3SAfter section 1 insert—

1APublication of lists and notification of listing etc.

(1)Historic Environment Scotland must—

(a)publish any list compiled or approved under section 1, and any amendments of such a list, and

(b)make such lists available for public inspection,

in such manner as may be prescribed.

(2)Historic Environment Scotland must also—

(a)notify such persons as may be prescribed, and

(b)do so in such form and manner, and within such time, as may be prescribed,

of the inclusion of a building in, the amendment of an entry relating to a building in or the exclusion of a building from such a list.

(3)The Scottish Ministers may by regulations make further provision for—

(a)the publication of such lists,

(b)the making of such lists available for public inspection,

(c)the notification of the inclusion of a building in, the amendment of an entry relating to a building in or the exclusion of a building from such a list.

(4)Regulations under subsection (3) may in particular provide for planning authorities in whose districts any buildings included in such lists are situated to take any of the steps mentioned in that subsection..

Modifications etc. (not altering text)

Commencement Information

I5Sch. 3 para. 3 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I6Sch. 3 para. 3 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

4SSection 2 (publication of lists) is repealed.

Modifications etc. (not altering text)

Commencement Information

I7Sch. 3 para. 4 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I8Sch. 3 para. 4 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

Temporary listingS

5SIn section 3 (temporary listing: building preservation notices)—

(a)in subsection (2) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

(b)in subsection (4)—

(i)for “the Secretary of State” substitute “ Historic Environment Scotland ”,

(ii)in paragraph (b) for “he” substitute “ it ”,

(c)in subsection (6)—

(i)for “the Secretary of State” substitute “ Historic Environment Scotland ”,

(ii)for “he” substitute “ it ”,

(iii)in each of paragraphs (a) and (b) for “the Secretary of State's” in both places substitute “Historic Environment Scotland's”.

Modifications etc. (not altering text)

Commencement Information

I9Sch. 3 para. 5 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I10Sch. 3 para. 5 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

Certificate that no intention to list buildingS

6SIn section 5A (certificate that building not intended to be listed)—

(a)in subsection (1)—

(i)for “The Scottish Ministers” substitute “ Historic Environment Scotland ”,

(ii)for “they do” substitute “ it does ”,

(b)in subsection (2)—

(i)for “the Scottish Ministers issue” substitute “ Historic Environment Scotland issues ”,

(ii)in paragraph (a) for “they” and “them” substitute “ it ”,

(c)in subsection (3) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”.

Modifications etc. (not altering text)

Commencement Information

I11Sch. 3 para. 6 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I12Sch. 3 para. 6 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

PART 2 SLISTED BUILDING CONSENT

7SThe 1997 Act is further amended as follows.

Commencement Information

I13Sch. 3 para. 7 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I14Sch. 3 para. 7 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

8SIn section 7 (authorisation of works: listed building consent)—

(a)in subsection (2)—

(i)in paragraph (b) for “the Royal Commission” substitute “ Historic Environment Scotland ”,

(ii)in paragraph (c)(i) for “members or officers of the Commission” substitute “ Historic Environment Scotland ”,

(iii)for paragraph (c)(ii) substitute—

(ii)Historic Environment Scotland has stated in writing that it has completed its recording of that building or that it does not wish to record it,,

(b)subsection (4) is repealed,

(c)in subsection (5) for “the Royal Commission” substitute “ Historic Environment Scotland ”.

Commencement Information

I15Sch. 3 para. 8 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I16Sch. 3 para. 8 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

9SIn section 9 (making of applications for listed building consent)—

(a)in subsection (3)—

(i)the “and” after paragraph (b) is repealed,

(ii)after paragraph (c) insert , and

(d)the procedure to be followed by planning authorities or, as the case may be, the Scottish Ministers in considering and determining such applications.,

(b)after subsection (5) insert—

(6)The regulations must also require planning authorities, before granting or refusing applications for listed building consent in such cases or classes of case as may be prescribed, to consult—

(a)Historic Environment Scotland,

(b)such other persons as may be—

(i)prescribed, or

(ii)specified in directions given to planning authorities by the Scottish Ministers.

(7)Directions given by virtue of subsection (6)(b)(ii) for the purposes of regulations under this section may be given to—

(a)planning authorities generally,

(b)a particular planning authority, or

(c)a description of planning authority..

Commencement Information

I17Sch. 3 para. 9 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I18Sch. 3 para. 9 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

Revocation and modification of listed building consentS

10SIn section 22(2) (procedure for orders revoking or modifying listed building consent: opposed cases) after paragraph (c) insert—

(ca)Historic Environment Scotland,

(cb)such other persons as may be prescribed,.

Commencement Information

I19Sch. 3 para. 10 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I20Sch. 3 para. 10 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

11SIn section 23(1)(b) (procedure for orders revoking or modifying listed building consent: unopposed cases) after “land” insert “ , Historic Environment Scotland, such other persons as may be prescribed ”.

Commencement Information

I21Sch. 3 para. 11 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I22Sch. 3 para. 11 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

PART 3 SCONSERVATION AREAS

12SThe 1997 Act is further amended as follows.

Commencement Information

I23Sch. 3 para. 12 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I24Sch. 3 para. 12 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

13SIn section 61(2) (designation of conservation areas)—

(a)for “The Secretary of State” substitute “ Historic Environment Scotland ”,

(b)for “he so determines, he” substitute “ Historic Environment Scotland so determines, it ”.

Commencement Information

I25Sch. 3 para. 13 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I26Sch. 3 para. 13 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

14SIn section 62 (designation of conservation areas: supplementary provisions)—

(a)in subsection (1) after “State” insert “ and Historic Environment Scotland ”,

(b)for subsection (2) substitute—

(2)Historic Environment Scotland must—

(a)give notice to a planning authority of—

(i)the designation of any part of their district as a conservation area under section 61(2), and

(ii)any variation or cancellation of any such designation,

(b)give notice to the Scottish Ministers of the designation and of any such variation or cancellation.,

(c)in subsection (4) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

(d)in subsection (5) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

Commencement Information

I27Sch. 3 para. 14 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I28Sch. 3 para. 14 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

15SIn paragraph 2 of schedule 1 (buildings formerly subject to building preservation orders)—

(a)for sub-paragraph (1) substitute—

(1)Historic Environment Scotland may at any time direct that paragraph 1 no longer applies to a particular building.

(1A)The Scottish Ministers may direct that paragraph 1 no longer applies to a particular building if the building is referred to in a notice of appeal under section 5B, 18 or 35 relating to the building (whether or not they are requested to do so).,

(b)in sub-paragraph (2) for “such a direction” substitute “ a direction under sub-paragraph (1) or (1A) ”,

(c)after sub-paragraph (2) insert—

(2A)Where a direction is given under sub-paragraph (1) or (1A), Historic Environment Scotland or (as the case may be) the Scottish Ministers must notify the other.,

(d)in sub-paragraph (3)—

(i)for “such a direction” substitute “ a direction under sub-paragraph (1) or (1A) ”,

(ii)for “the Secretary of State” substitute “ Historic Environment Scotland or (as the case may be) the Scottish Ministers ”.

Commencement Information

I29Sch. 3 para. 15 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I30Sch. 3 para. 15 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

16SParagraph 3 of schedule 1 is repealed.

Commencement Information

I31Sch. 3 para. 16 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I32Sch. 3 para. 16 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

PART 4 SAPPEALS AGAINST LISTING

17SThe 1997 Act is further amended as follows.

Commencement Information

I33Sch. 3 para. 17 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I34Sch. 3 para. 17 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

18SAfter section 5A (certificate that building not intended to be listed) insert—

5BAppeal against listing of buildings

(1)This section applies where Historic Environment Scotland makes a decision—

(a)to include a building in the list compiled or approved under section 1,

(b)to amend an entry in the list relating to a building (but not where the amendment excludes a building from the list).

(2)A person mentioned in subsection (3) may appeal the decision to the Scottish Ministers.

(3)The person is—

(a)the owner of the building,

(b)the tenant of the building,

(c)the occupier of the building.

5CDetermination of appeals under section 5B

(1)The Scottish Ministers may—

(a)dismiss an appeal under section 5B,

(b)allow such an appeal (in whole or in part).

(2)Where the Scottish Ministers allow an appeal, they may vary a part of the decision appealed against whether or not the appeal relates to that part of the decision.

(3)Where the Scottish Ministers allow an appeal, they may direct Historic Environment Scotland to exercise its power under section 1 to amend the list compiled or approved under that section to give effect to their decision.

(4)Except as provided for by sections 57 and 58, the decision of the Scottish Ministers on an appeal under section 5B is final.

5DProcedure for appeals under section 5B

(1)Regulations may make provision in connection with appeals under section 5B, including provision about—

(a)the grounds on which an appeal may be made,

(b)the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal.

(2)Regulations under subsection (1) may also make provision about the procedure to be followed, including—

(a)the form, manner and time for making an appeal,

(b)the notification of an appeal,

(c)the manner in which an appeal is to be conducted.

(3)Regulations made by virtue of subsection (2)(c) may also include provision that the manner in which an appeal, or any stage of an appeal, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard) is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act).

(4)Schedule 3 (which makes provision about the determination of certain appeals by a person appointed by the Scottish Ministers) applies to an appeal under section 5B..

Commencement Information

I35Sch. 3 para. 18 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I36Sch. 3 para. 18 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

19SIn section 19(3) (appeals: supplementary provisions) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

Commencement Information

I37Sch. 3 para. 19 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I38Sch. 3 para. 19 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

20SIn section 20(1) (determination of appeals) for paragraph (b) substitute—

(b)where the Scottish Ministers allow an appeal, they may direct Historic Environment Scotland to exercise its power under section 1 to amend the list compiled or approved under that section to give effect to their decision..

Commencement Information

I39Sch. 3 para. 20 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I40Sch. 3 para. 20 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

21SIn section 37(4) (determination of appeals under section 35) for paragraph (c) substitute—

(c)direct Historic Environment Scotland to exercise its power under section 1 to amend the list compiled or approved under that section to give effect to that determination..

Commencement Information

I41Sch. 3 para. 21 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I42Sch. 3 para. 21 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

22SIn section 57(2) (validity of certain orders and decisions) before paragraph (a) insert—

(za)any decision of the Scottish Ministers on an appeal under section 5B,.

Commencement Information

I43Sch. 3 para. 22 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I44Sch. 3 para. 22 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

23SIn schedule 3 (determination of certain appeals by person appointed by the Scottish Ministers)—

(a)in paragraph 1(1) after “sections” insert “ 5B, ”,

(b)in paragraph 2(1) before paragraph (a) insert—

(za)in relation to an appeal under section 5B as the Scottish Ministers have under section 5C and paragraph 2(1A) of schedule 1,,

(c)in paragraph 3(3) after “section” insert “ 5B, ”,

(d)in paragraph 5(3) paragraph (a) is repealed (together with the “or” immediately following it).

Commencement Information

I45Sch. 3 para. 23 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I46Sch. 3 para. 23 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

PART 5 SOTHER MATTERS IN RELATION TO LISTING

24SThe 1997 Act is further amended as follows.

Commencement Information

I47Sch. 3 para. 24 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I48Sch. 3 para. 24 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

CompensationS

25SIn section 26(1) (compensation for loss or damage caused by service of building preservation notice) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

Commencement Information

I49Sch. 3 para. 25 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I50Sch. 3 para. 25 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

Application of 1997 Act to land and works of planning authoritiesS

26SIn section 73 (application of 1997 Act to land and works of planning authorities)—

(a)in subsection (1) for “sections 1(1) and (3) and 2” substitute “ section 1(1) and (3) ”,

(b)in subsection (4) “section 2(2) and” is repealed.

Commencement Information

I51Sch. 3 para. 26 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I52Sch. 3 para. 26 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

Powers of entryS

27SIn section 76 (rights of entry)—

(a)in subsection (1) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

(b)in subsection (2) for “the Secretary of State” in both places substitute “ Historic Environment Scotland ”,

(c)in subsection (3) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

Commencement Information

I53Sch. 3 para. 27 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I54Sch. 3 para. 27 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

Building preservation noticesS

28SIn schedule 2 (lapse of building preservation notice) in paragraph 1(b) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

Commencement Information

I55Sch. 3 para. 28 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I56Sch. 3 para. 28 in force at 1.10.2015 by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)