Search Legislation

Historic Environment Scotland Act 2014

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Paragraph 15

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Historic Environment Scotland Act 2014, Paragraph 15. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

This section has no associated Explanatory Notes

15SIn Part 2 of schedule 1 (modification and revocation of scheduled monument consent)—

(a)paragraphs 5 to 9 are repealed,

(b)after paragraph 9 insert—

10(1)Except as provided for in paragraph 11, an order made by Historic Environment Scotland under section 4 modifying or revoking a scheduled monument consent does not take effect unless it is confirmed by the Scottish Ministers.

(2)Where Historic Environment Scotland submits an order to the Scottish Ministers for confirmation, it must serve notice on—

(a)the owner of the scheduled monument affected,

(b)where the owner is not the occupier of the monument, the occupier, and

(c)any other person who in its opinion will be affected by the order.

(3)The notice must specify the period (which must not be less than 28 days after its service) within which any person on whom it is served may require an opportunity of appearing before and being heard by a person appointed by the Scottish Ministers for the purpose.

(4)If within that period a person on whom the notice is served so requires, the Scottish Ministers must, before they confirm the order, give such an opportunity both to that person and to Historic Environment Scotland.

(5)The Scottish Ministers may confirm any such order submitted to them either without modification or subject to such modifications as they consider expedient.

11(1)Where sub-paragraph (2) applies, Historic Environment Scotland—

(a)need not submit the order under section 4 modifying or revoking the scheduled monument consent to the Scottish Ministers for approval,

(b)must instead take the steps mentioned in sub-paragraph (3).

(2)This sub-paragraph applies where—

(a)the owner of the scheduled monument affected,

(b)where the owner is not the occupier of the monument, the occupier, and

(c)all other persons who in Historic Environment Scotland's opinion will be affected by the order,

have notified Historic Environment Scotland in writing that they do not object to the order.

(3)The steps referred to in sub-paragraph (1)(b) are—

(a)advertising in the prescribed manner the fact that the order has been made,

(b)serving notice to the same effect on the persons mentioned in sub-paragraph (2), and

(c)sending a copy of any such advertisement to the Scottish Ministers not more than 3 days after its publication.

(4)The advertisement under sub-paragraph (3)(a) must specify—

(a)the period within which persons affected by the order may give notice to the Scottish Ministers that they require an opportunity of appearing before and being heard by a person appointed by the Scottish Ministers for the purpose, and

(b)the period at the end of which, if no such notice is given to the Scottish Ministers, the order may take effect by virtue of this paragraph and without being confirmed by the Scottish Ministers.

(5)The period referred to in sub-paragraph (4)(a) must not be less than 28 days from the date on which the advertisement first appears.

(6)The period referred to in sub-paragraph (4)(b) must not be less than 14 days from the end of the period referred to in sub-paragraph (4)(a).

(7)The notice under sub-paragraph (3)(b) must include a statement to the effect that no compensation is payable under section 9 in respect of an order which takes effect by virtue of this paragraph.

(8)The order takes effect at the end of the period referred to in sub-paragraph (4)(b) without being confirmed by the Scottish Ministers if—

(a)no person claiming to be affected by the order has given notice to the Scottish Ministers as mentioned in sub-paragraph (4)(a) within the period referred to in that sub-paragraph, and

(b)the Scottish Ministers have not directed that the order be submitted to them for confirmation..

Commencement Information

I1Sch. 2 para. 15 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

I2Sch. 2 para. 15 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196, art. 2, Sch. (with transitional provisions and savings in S.S.I. 2015/239, arts. 2-19)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources