The Historic Environment Scotland Act 2014 (Commencement No. 2) Order 2015

Scottish Statutory Instruments

2015 No. 31 (C. 6)

Ancient Monuments

The Historic Environment Scotland Act 2014 (Commencement No. 2) Order 2015

Made

28th January 2015

Laid before the Scottish Parliament

30th January 2015

Coming into force

27th February 2015

The Scottish Ministers make the following Order in exercise of the power conferred by section 31(2) of the Historic Environment Scotland Act 2014(1).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Historic Environment Scotland Act 2014 (Commencement No. 2) Order 2015 and comes into force on 27th February 2015.

(2) In this Order “the Act” means the Historic Environment Scotland Act 2014.

Appointed day

2.—(1) Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the Schedule (the subject matter of which is specified in column 2 of the Schedule) is 27th February 2015.

(2) Where a purpose is specified in column 3 of the Schedule, a provision specified in column 1 of the Schedule, so far as not already in force, comes into force on 27th February 2015 only for that purpose.

FIONA HYSLOP

A member of the Scottish Government

St Andrew’s House,

Edinburgh

28th January 2015

Article 2

SCHEDULE

Column 1 Provisions of the Act	Column 2 Subject matter	Column 3 Purpose
Section 1 and schedule 1	Establishment of Historic Environment Scotland	For the purpose of enabling Historic Environment Scotland to exercise any function conferred on it under or by virtue of sections 9, 12, 13 and 19 of and schedule 5 to the Act.
Section 2	Functions of Historic Environment Scotland	For the purpose of enabling Historic Environment Scotland to exercise any function conferred on it under or by virtue of sections 9, 12, 13 and 19 of and schedule 5 to the Act.
Section 9	Corporate plan
Section 12	Advice, information and assistance
Section 13	Directions and guidance
Section 14	Interpretation of Part 1
Section 15 and schedule 2	Historic Environment Scotland’s functions in relation to scheduled monuments	For the purpose of making regulations or giving directions
Section 16 and schedule 3	Historic Environment Scotland’s functions in relation to listed buildings	For the purpose of making regulations or giving directions
Section 19 and schedule 5	Transfer of staff and property to Historic Environment Scotland
Section 21	Local inquiries in relation to scheduled monuments etc.	For the purpose of making regulations
Section 23	Applications for listed building consent	For the purpose of making regulations or giving directions
Section 28 and schedule 6 except paragraphs 1(a), 2(b), 3(b), 4(b), 5(a)(ii), 5(b)(ii) and 6(b)	Consequential modifications

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force the following provisions of the Historic Environment Scotland Act 2014 (“the Act”) (so far as not already in force) on 27th February 2015: sections 1 and 2, sections 9, 12 to 16, 19, 21, 23 and 28 and schedules 1 to 3, 5 and 6. The provisions relate to the establishment, functions and powers of the new body Historic Environment Scotland and the powers of the Scottish Ministers relating to the new body. Some provisions are partially commenced for limited purposes only.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The Bill for the Act received Royal Assent on 9th December 2014. Sections 25 to 27 and 29 to 32 came into force on 10th December 2015. The following provisions of the Act have been brought into force by commencement order made before the date of this Order.

Provision	Date of Commencement	S.S.I. No.
Section 1 and schedule 1 (partially)	19th January 2015	2014/368

(1)

2014 asp 19.