Historic Environment (Amendment) (Scotland) Act 2011

1. Introduction

2. The Act

3. Commentary on Sections

   1. The main provisions of the Act

4. The Act – Section by Section

   1. Part 1 – Amendment of the Historic Buildings and Ancient Monuments Act 1953

      1. Section 1 – Recovery of grants for repair, maintenance and upkeep of certain property

   2. Part 2 – Modifications of the Ancient Monuments and Archaeological Areas Act 1979

      1. Section 2 – Control of works affecting scheduled monuments

      2. Section 3 – Offences under sections 2, 28 and 42: modification of defences

      3. Section 4 – Fines: increases and duty of court in determining amount

      4. Section 5 – Powers of entry to inspect condition of scheduled monument

      5. Section 6 – Works affecting scheduled monuments: enforcement

         1. New section 9A – Power to issue scheduled monument enforcement notice

         2. New section 9B – Scheduled monument enforcement notices: further provisions

         3. New section 9C – Appeal against scheduled monument enforcement notice

         4. New section 9D – Execution of works required by scheduled monument enforcement notice

         5. New section 9E – Offence where scheduled monument enforcement notice not complied with

         6. New section 9F – Effect of scheduled monument consent on scheduled monument enforcement notice

         7. New section 9G – Stop notices

         8. New section 9H – Stop notices: supplementary provisions

         9. New section 9I – Compensation for loss due to stop notice

         10. New section 9J – Penalties for contravention of stop notice

         11. New section 9K – Temporary stop notices

         12. New section 9L – Temporary stop notices: restrictions

         13. New section 9M – Temporary stop notices: offences

         14. New section 9N – Temporary stop notices: compensation

         15. New section 9O – Interdicts restraining unauthorised works on scheduled monuments

      6. Section 7 – Control and management of monuments and land under guardianship

      7. Section 8 – Provision of facilities, etc. at ancient monuments

      8. Section 9 – Financial support for preservation etc. of monuments

      9. Section 10 – Power of entry on land where monument at risk

      10. Section 11 – Inventories of gardens and designed landscapes and of battlefields

          1. New section 32A – Inventory of gardens and designed landscapes

          2. New section 32B – Inventory of battlefields

      11. Section 12 – Development and understanding of matters of historic, etc. interest: grants and loans

      12. Section 13 – Regulations and orders under the 1979 Act

      13. Section 14 – Meaning of “monument” in the 1979 Act

      14. Section 15 – Scheduled monument consent: regulations as respects applications, etc.

      15. Section 16 – Refusal to entertain certain applications for scheduled monument consent

      16. Section 17 – Application for scheduled monument consent: inquiries and hearings

   3. Part 3 – Modifications of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

      1. Section 18 – Certificate that building not intended to be listed

      2. Section 19 – Offences in relation to unauthorised works and listed building consent: increase in fines

      3. Section 20 – Declining to determine an application for listed building consent

      4. Section 21 – Hearings in connection with applications for listed building consent and appeals

      5. Section 22 – Enforcement notice: requirement to cease works

      6. Section 23 – Stop notices and temporary stop notices

         1. New section 41A – Stop notices

         2. New section 41B – Stop notices: supplementary provisions

         3. New section 41C – Power of the Scottish Ministers to serve stop notice

         4. New section 41D – Compensation for loss due to stop notice

         5. New section 41E – Penalties for contravention of stop notice

         6. New section 41F – Temporary stop notices

         7. New section 41G – Temporary stop notices: restrictions

         8. New section 41H – Temporary stop notices: offences

         9. New section 41I – Temporary stop notices: compensation

      7. Section 24 – Non-compliance with listed building enforcement notice: fixed penalty notice

         1. New section 39A – Fixed penalty notice where listed building enforcement notice not complied with

      8. Section 25 – Urgent works to preserve unoccupied listed buildings

      9. Section 26 – Liability of owner and successors for expenses of urgent works

         1. New section 50A – Liability of owner and successors for expenses of works executed under section 49

         2. New section 50B – Notice of liability for expenses: further provision

         3. New section 50C – Notices of renewal

         4. New section 50D – Notice of determination following representations under section 50

         5. New section 50E – Discharge of notice of liability for expenses and notice of renewal

         6. New section 50F – Meaning of “register” in relation to notices

         7. New section 50G – Power to prescribe forms

      10. Section 27 – Recovery of grants for preservation etc. of listed buildings and conservation areas

      11. Section 28 – Provisions that do not bind the Crown

      12. Section 29 – Regulations in connection with inquiries, etc

      13. Section 30 – Regulations and orders under the 1997 Act

   4. Part 4 – General

      1. Section 32 – Ancillary provision

      2. Section 33 – Short title and commencement

5. Parliamentary History