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

PART 2LISTED BUILDING CONSENT

9

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the “and” after paragraph (b) is repealed,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