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

PART 3CONSERVATION AREAS

15

In 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 ”.