5In section 84 (failure to comply with duties) after subsection (3) insert—
“(3A)In relation to a Historic MPA if, in the opinion of Historic Environment Scotland, a public authority has failed—
(a)to act in accordance with advice or guidance given by Historic Environment Scotland under section 80A,
(b)to comply with any of its duties under section 82(2) or 83(3) or (4),
Historic Environment Scotland may request from the authority an explanation in writing for the failure.
(3B)Historic Environment Scotland must send a copy of a request by it under subsection (3A) to the Scottish Ministers.
(3C)On receiving a request under subsection (3A), the public authority must—
(a)provide Historic Environment Scotland with the requested explanation for the failure,
(b)send a copy of the explanation to the Scottish Ministers.”.