The Historic Environment (Amendment) (Scotland) Act 2011 (Saving, Transitional and Consequential Provisions) Order 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes saving, transitional and consequential provisions in relation to the commencement of various provisions of the Historic Environment (Amendment) (Scotland) Act 2011 (“the Act”).

Section 3 of the Act modifies the provisions relating to defences where offences are committed under sections 2, 28 and 42 of the Ancient Monuments and Archaeological Areas Act 1979 (“the 1979 Act”). Article 2 provides that these provisions of the 1979 Act will continue to apply unamended by section 3 in respect of acts occurring before 1st December 2011.

Article 3 provides that paragraph 2(1) and (2) of Schedule 1 to the 1979 Act (which are replaced by changes introduced by section 15(3) of the Act) continues to apply in relation to applications for scheduled monument consent made before 1st December 2011.

Section 16 of the Act introduces a power to allow the Scottish Ministers to refuse to entertain repeat applications for scheduled monument consent in certain circumstances. Article 4 provides that this power is only to apply to applications made after 1st December 2011.

Section 20 of the Act introduces section 10A into the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (“the 1997 Act”) which enables a planning authority to decline to determine an application for listed building consent in certain circumstances. Article 5 provides that section 10A shall only apply to applications made after 1st December 2011.

Article 6 preserves an applicant’s right to a hearing in relation to an application for listed building consent called in by the Scottish Ministers before 1st December 2011 or appeals made before that date which are to be determined by an appointed person under Schedule 3 to the 1997 Act.

Articles 7 and 9 respectively amend the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 and the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 to update the definition of “historic garden or designed landscape” to refer to the new inventory to be compiled and maintained under section 32A of the 1979 Act.

Article 8 amends the Transport and Works (Scotland) Act 2007 (Consents under Enactments) Regulations 2007 to assimilate procedures where a project requires an application under section 2 of the Transport and Works (Scotland) Act 2007 and scheduled monument consent.