Modifications etc. (not altering text)
C1Pt. I (ss. 1-32) extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para.10(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
(1)[F1The Secretary of State] [F1Historic Environment Scotland] shall compile and maintain for the purposes of this Act (in such form as [F2he] [F2it] thinks fit) a schedule of monuments (referred to below in this Act as “the Schedule”).
(2)The Secretary of State shall on first compiling the Schedule include therein—
(a)any monument included in the list last published before the commencement of this Act under section 12 of the M1Ancient Monuments Consolidation and Amendment Act 1913; and
(b)any monument in respect of which the Secretary of State has before the commencement of this Act served notice on any person in accordance with section 6(1) of the M2Ancient Monuments Act 1931 of his intention to include it in a list to be published under section 12.
(3)Subject to subsection (4) below, [F3the Secretary of State] [F3Historic Environment Scotland] may on first compiling the Schedule or at any time thereafter include therein any monument which appears to [F4him] [F4it] to be of national importance.
[F5 The Secretary of State shall consult the Historic Buildings and Monuments Commission for England (in this Act referred to as “ the Commission ”) before he includes in the Schedule a monument situated in England. ]
(4)The power of [F6the Secretary of State] [F6Historic Environment Scotland] under subsection (3) above to include any monument in the Schedule does not apply to any structure which is occupied as a dwelling house by any person other than a person employed as the caretaker thereof or his family.
(5)[F7The Secretary of State] [F7Historic Environment Scotland] may—
(a)exclude any monument from the Schedule; or
(b)amend the entry in the Schedule relating to any monument (whether by excluding anything previously included as part of the monument or adding anything not previously so included, or otherwise).
[F8In the case of a monument situated in England, the Secretary of State shall consult with the Commission before he makes an exclusion or amendment.]
[F9(5A)Section 1AA makes provision about consultation by the Welsh Ministers on proposals to include or exclude a monument or to make a material amendment in relation to a scheduled monument.]
(6)[F10As soon as may be after—
(a)including any monument in the Schedule under subsection (3) above;
(b)amending the entry in the Schedule relating to any monument; or
(c)excluding any monument from the Schedule;
the Secretary of State shall [F11(subject to subsection (6A) below)] inform the owner and (if the owner is not the occupier) the occupier of the monument, and any local authority in whose area the monument is situated, of the action taken and, in a case falling within paragraph (a) or (b) above, shall also send to him or them a copy of the entry or (as the case may be) of the amended entry in the Schedule relating to that monument.]
[F10Where Historic Environment Scotland—
(a)includes a monument in the Schedule under subsection (3),
(b)amends the entry in the Schedule relating to a monument, or
(c)excludes a monument from the Schedule,
it must notify such persons as may be prescribed in such form and manner, and within such time, as may be prescribed of the action taken.]
[F12(6A) Subsection (6) above shall not apply as regards a monument situated in England but, as soon as may be after acting as mentioned in paragraph ( a ), ( b ) or ( c ) of that subsection as regards such a monument, the Secretary of State shall inform the Commision of the action taken and, in a case falling within paragraph ( a ) or ( b ) of that subsection, shall also send to the Commission a copy of the entry or (as the case may be) of the amended entry in the Schedule relating to that monument. ]
[F13(6B)As soon as may be after making a material amendment of the kind described in section 1AA(5) in relation to a monument identified in the Schedule by reference to a map, the Welsh Ministers must—
(a)inform the owner and (if the owner is not the occupier) the occupier of the monument, and any local authority in whose area the monument is situated, of the action taken; and
(b)send to those persons a copy of the amended map.
(6C)Section 1AE(2) makes further provision about information that the Welsh Ministers must provide after making certain amendments in relation to the Schedule.]
(7)[F14[F15Subject to subsection (7A) below] The Secretary of State shall from time to time publish a list of all the monuments which are for the time being included in the Schedule, whether as a single list or in sections containing the monuments situated in particular areas; but in the case of a list published in sections, all sections of the list need not be published simultaneously.]
[F16(7A)Subsection (7) above shall not apply as regards monuments situated in England, but the Secretary of State shall from time to time supply the Commission with a list of all the monuments which are so situated and are for the time being included in the Schedule, whether as a single list or in sections containing the monuments situated in particular areas; but in the case of a list supplied in sections, all sections of the list need not be supplied simultaneously.]
(8)[F14The Secretary of State may from time to time publish amendments of any list published under subsection (7) above, and any such list (as amended) shall be evidence of the inclusion in the Schedule for the time being—
(a)of the monuments listed; and
(b)of any matters purporting to be reproduced in the list from the entries in the Schedule relating to the monuments listed.]
[F17(8A)The Secretary of State shall from time to time supply the Commission with amendments of any list supplied under subsection (7A) above.]
(9)An entry in the Schedule recording the inclusion therein of a monument situated in England and Wales shall be a local land charge.
(10)It shall be competent to record in the Register of Sasines—
(a)a certified copy of the entry or (as the case may be) the amended entry in the Schedule relating to any monument in Scotland which is heritable; and
(b)where any such monument is excluded from the Schedule and a certified copy of the entry in the Schedule relating to it has previously been so recorded under paragraph (a) above, a certificate issued by or on behalf of [F18the Secretary of State] [F18Historic Environment Scotland] stating that it has been so excluded.
(11)In this Act “scheduled monument” means any monument which is for the time being included in the Schedule.
Textual Amendments
F1Words in s. 1(1) substituted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 2(a)(i) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F2Word in s. 1(1) substituted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 2(a)(ii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F3Words in s. 1(3) substituted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 2(b)(i) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F4Word in s. 1(3) substituted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 2(b)(ii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F5Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 25(2)
F6Words in s. 1(4) substituted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 2(c) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F7Words in s. 1(5) substituted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 2(d) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F8Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 25(3)
F9S. 1(5A) inserted (E.W.) (31.5.2017) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 4(1), 41(3); S.I. 2017/633, art. 4(a) (with art. 6(1))
F10S. 1(6) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 2(e) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F11Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 25(4)
F12S. 1(6A) inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 25(5)(9)
F13S. 1(6B)(6C) inserted (E.W.) (31.5.2017) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 4(2), 41(3); S.I. 2017/633, art. 4(a) (with art. 6(1))
F14S. 1(7)(8) repealed (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 2(f) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F15Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 25(6)
F16S. 1(7A) inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 25(7)
F17S. 1(8A) inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 25(8)
F18Words in s. 1(10)(b) substituted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 2(g) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
Modifications etc. (not altering text)
C2S. 1(6) savings for effects of 2014 asp 19, Sch. 2 para. 2(e) (S.) (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 2(2)
C3S. 1(10)(b) savings for effects of 2014 asp 19, Sch. 2 para. 2(g) (S.) (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 3
Marginal Citations