2011 No. 174 (C. 14)

Ancient Monuments
Town And Country Planning

The Historic Environment (Amendment) (Scotland) Act 2011 (Commencement No. 1) Order 2011

Made

The Scottish Ministers make the following Order in exercise of the powers conferred by section 33(2) and (3) of the Historic Environment (Amendment) (Scotland) Act 20111.

Citation1

This Order may be cited as the Historic Environment (Amendment) (Scotland) Act 2011 (Commencement No. 1) Order 2011.

Appointed Day2

1

Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Historic Environment (Amendment) (Scotland) Act 2011 specified in column 1 of the Schedule (the subject matter of which is described in column 2 of the Schedule) is 30th June 2011.

2

Where a purpose is specified in column 3 of the Schedule in relation to any provision, that provision comes into force on 30th June 2011 for that purpose only.

FIONA HYSLOPA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh

SCHEDULE

Article 2

Column 1

Provisions of the Act

Column 2

Subject Matter

Column 3

Purpose

Section 1

Recovery of grants for repair, maintenance and upkeep of certain property

Section 5

Powers of entry to inspect condition of scheduled monument

Section 6

Works affecting scheduled monuments: enforcement

Only for the purpose of enabling regulations to be made

Section 7

Control and management of monuments and land under guardianship

Section 8

Provision of facilities, etc. at ancient monuments

Section 9

Financial support for preservation, etc. of monuments

Section 11

Inventories of gardens and designed landscapes and of battlefields

Section 12

Development and understanding of matters of historic, etc. interest: grants and loans

Section 13

Regulations and orders under the 1979 Act

Section 15

Scheduled monument consent: applications, etc.

Only for the purpose of enabling regulations to be made

Section 20

Declining to determine an application for listed building consent

Only for the purpose of enabling regulations to be made

Section 23

Stop notice and temporary stop notices

Only for the purpose of enabling regulations to be made

Section 24

Non-compliance with listed building enforcement notice: fixed penalty notice

Only for the purpose of enabling regulations to be made

Section 26

Liability of owner and successors for expenses of urgent works

Only for the purpose of enabling regulations to be made

Section 27

Recovery of grants for preservation, etc. of listed buildings and conservation areas

Section 29(1)

Regulations in connection with inquiries, etc.

Section 30

Regulations and orders under the 1997 Act

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 30th June 2011 sections 1, 5, 7 to 9, 11 to 13, 27, 29(1) and 30 of the Historic Environment (Amendment) (Scotland) Act 2011 (“the Act”) for all purposes and sections 6, 15, 20, 23, 24 and 26 for the limited purposes of enabling the Scottish Ministers to make, or to make provision by means of, subordinate legislation.

The Bill for the Act received Royal Assent on 23rd February 2011. Sections 31 to 33 of the Act came into force the following day.