The Scheduled Monuments (Appeals) (Scotland) Regulations 2015

Notice of appeal

3.—(1) An appeal to the Scottish Ministers under section 4B of the Act is to be made by giving notice in writing in accordance with this regulation.

(2) The period prescribed for the purposes of section 4B(3) of the Act is the period of two months after the validation date.

(3) The notice of appeal must be served on the Scottish Ministers within the period of three months beginning with, in the case of an appeal under—

(a) section 4B(2) of the Act, the date of the decision notice; and

(b) section 4B(3) of the Act, the date of expiry of—

(i) the period of two months after the validation date; or

(ii) such longer period as may be agreed between the applicant and Historic Environment Scotland under section 4B(3) of the Act.

(4) The notice of appeal (on a form obtained from the Scottish Ministers) must include—

(a) the name and address of the appellant;

(b) the date and the reference number assigned by Historic Environment Scotland to the application in respect of which the appeal is made;

(c) the name and address of the representative of the appellant (if any) and whether any notice or other correspondence which is required by these Regulations to be sent to the appellant should be sent to the representative instead of the appellant;

(d) a statement setting out full particulars of the appeal including a note of the matters which the appellant considers require to be taken into account in determining the appeal and by what, if any, procedure (or combination of procedures) mentioned in regulation 10(4) the appellant considers the appeal should be conducted; and

(e) where the appeal is made under section 4B(2) of the Act, a copy of the decision notice.

(5) Subject to paragraph (6)—

(a) all matters which the appellant intends to raise in the appeal must be set out in the notice of appeal or in the documents which accompany the notice of appeal; and

(b) all documents, materials and evidence which the appellant intends to rely on in the appeal must accompany the notice of appeal.

(6) In addition to matters set out in the notice of appeal and documents which accompany the notice of appeal, the appellant may raise matters and submit further documents, materials or evidence only in accordance with and to the extent permitted by regulations 5, 6 and 12, the Hearing Session Rules and the Inquiry Session Rules.

(7) An appeal under section 4B of the Act is not to be entertained by the Scottish Ministers unless it is accompanied by a certificate required under regulation 4.

(8) In this regulation “validation date” means—

(a) in the case of an application for scheduled monument consent, the date on which the last of the items or information required to be contained in or accompany the application in accordance with regulation 3 of the Scheduled Monument Consent Procedure (Scotland) Regulations 2015 is received by Historic Environment Scotland;

(b) in the case of an application for the variation or discharge of conditions to which a scheduled monument consent is subject, the date on which the last of the items or information required to be contained in or accompany the application in accordance with regulation 4 of those Regulations is received by Historic Environment Scotland; and

(c) in any other case, the date on which the application is received by Historic Environment Scotland.