Scottish Statutory Instruments

2011 No. 372 (C. 35)

Ancient Monuments

Town And Country Planning

The Historic Environment (Amendment) (Scotland) Act 2011 (Commencement No. 2) Order 2011


27th October 2011

Laid before the Scottish Parliament

31st October 2011

Coming into force

1st December 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(1).

Citation and commencement

1.  This Order may be cited as the Historic Environment (Amendment) (Scotland) Act 2011 (Commencement No. 2) Order 2011 and comes into force on 1st December 2011.

Appointed day

2.  The day appointed for the coming into force of the provisions (to the extent not already in force) 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 1st December 2011.


A member of the Scottish Executive

St Andrew’s House,


27th October 2011

Article 2


Column 1

Provisions of the Act

Column 2

Subject Matter

Section 2Control of works affecting scheduled monuments
Section 3Offences under sections 2, 28 and 42: modification of defences
Section 4Fines: increases and duty of court in determining amount
Section 6Works affecting scheduled monuments: enforcement
Section 10Power of entry on land where monument at risk
Section 14Meaning of “monument” in the 1979 Act
Section 15Scheduled monument consent: applications, etc.
Section 16Refusal to entertain certain applications for scheduled monument consent
Section 17Application for scheduled monument consent: inquiries and hearings
Section 18Certificate that building not intended to be listed
Section 19Offences in relation to unauthorised works and listed building consent: increase in fines
Section 20Declining to determine an application for listed building consent
Section 21Hearings in connection with applications for listed building consent and appeals
Section 22Enforcement notice: requirements to cease works
Section 23Stop notices and temporary stop notices
Section 24Non-compliance with listed building enforcement notice: fixed penalty notice
Section 25Urgent works to preserve unoccupied listed buildings
Section 26Liability of owner and successors for expenses of urgent works
Section 28Provisions that do not bind the Crown


(This note is not part of the Order)

The Order brings into force on 1st December 2011 for all purposes sections 2, 3, 4, 6, 10, 14 to 26 and 28 of the Historic Environment (Amendment) (Scotland) Act 2011.


(This note is not part of the Order)

The following provisions of the Act have been brought into force by a commencement order made before the date of this Order.


Date of Commencement

Instrument No.

Sections 1, 5, 7, 8, 9, 11, 12, 13, 27, 29(1) and 30 (for all purposes) and sections 6, 15, 20, 23, 24 and 26 (only for the purpose of enabling regulations to be made)30th June 2011S.S.I. 2011/174