2011 No. 174 (C. 14)

Ancient Monuments

Town And Country Planning

The Historic Environment (Amendment) (Scotland) Act 2011 (Commencement No. 1) Order 2011
Made
3rd March 2011
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 2011 .

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

Appointed Day
2
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 HYSLOP
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
3rd March 2011
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.
2011 asp 3.