Historic Environment Scotland Act 2014

(4B) (1) This section applies where Historic Environment Scotland makes a decision— (a) refusing an application for scheduled monument consent, (b) granting such an application subject to conditions, (c) refusing an application for variation or discharge of conditions to which a scheduled monument consent is subject, (d) granting such an application subject to conditions, (e) refusing an application for subsequent approval required by a condition to which a scheduled monument consent is subject. (2) A person who made the application mentioned in subsection (1) may appeal the decision to the Scottish Ministers. (3) A person may also appeal to the Scottish Ministers where Historic Environment Scotland has not given notice of its decision on an application mentioned in subsection (1)(a), (c) or (e) within the prescribed period or such other longer period as may be agreed between the applicant and Historic Environment Scotland. (4) An appeal under this section may include the ground that— (a) the monument should not be included in the Schedule, (b) the entry in the Schedule relating to the monument should be amended. (4C) (1) The Scottish Ministers may— (a) dismiss an appeal under section 4B, (b) allow such an appeal (in whole or in part). (2) In determining an appeal under section 4B, the Scottish Ministers may deal with the application to which the appeal relates as if it had been made to them in the first instance. (3) Where the Scottish Ministers allow an appeal, they may vary a part of the decision appealed against whether or not the appeal relates to that part of the decision. (4) Subsection (5) applies where— (a) the grounds of appeal include the ground— (i) that the monument should not be included in the Schedule, or (ii) that the entry in the Schedule relating to the monument should be amended, and (b) the Scottish Ministers uphold that ground. (5) The Scottish Ministers may direct Historic Environment Scotland to exercise its power under section 1(5) to modify the Schedule to give effect to that decision. (6) Except as provided for by section 55, the decision of the Scottish Ministers on an appeal under section 4B is final. (4D) (1) The Scottish Ministers may by regulations make provision in connection with appeals under section 4B, including provision about— (a) subject to section 4B(4), the grounds on which an appeal may be made, (b) the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal. (2) Regulations under subsection (1) may also make provision about the procedure to be followed, including— (a) the form, manner and time for making an appeal, (b) the notification of an appeal, (c) the manner in which an appeal is to be conducted. (3) Regulations made by virtue of subsection (2)(c) may also include provision that the manner in which an appeal, or any stage of an appeal, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard) is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act). (4) Regulations under subsection (1) may also provide that an appeal in respect of an application— (a) for scheduled monument consent, or (b) for the variation or discharge of conditions to which such a consent is subject, need not be entertained unless it is accompanied by a certificate in the prescribed form as to the interests in the monument to which the appeal relates. (5) Sub-paragraphs (2) to (4) of paragraph 2 of schedule 1 apply to regulations imposing a requirement by virtue of subsection (4) as they apply to the requirement imposed by sub-paragraph (1) of that paragraph. (6) Schedule 1A (which makes provision about the determination of certain appeals by a person other than the Scottish Ministers) applies to appeals under section 4B.

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Determination of appeals by appointed person

34

After schedule 1 insert—

SCHEDULE 1A (1) (1) The Scottish Ministers may by regulations prescribe classes of appeals under sections 1C, 4B and 9C which are to be determined by a person appointed by the Scottish Ministers for the purpose. (2) Those classes of appeals are to be so determined except in such classes of case— (a) as may for the time being be prescribed, or (b) as may be specified in directions given by the Scottish Ministers. (3) Regulations under sub-paragraph (1) may provide for the giving of publicity to any directions given by the Scottish Ministers under this paragraph. (4) This paragraph does not affect any provision made by or under this Act that an appeal is to lie to, or a notice of an appeal is to be served on, the Scottish Ministers. (5) A person appointed under this paragraph is referred to in this schedule as an “appointed person”. (2) (1) An appointed person is to have the same powers and duties— (a) in relation to an appeal under section 1C as the Scottish Ministers have under section 1D, (b) in relation to an appeal under section 4B as the Scottish Ministers have under section 4C, (c) in relation to an appeal under section 9C as the Scottish Ministers have under section 9CA. (2) Where an appeal has been determined by an appointed person, the decision is to be treated as a decision of the Scottish Ministers. (3) Except as provided for by section 55, the decision of an appointed person on any appeal is final. (3) (1) The Scottish Ministers may, if they think fit, direct that an appeal which would otherwise fall to be determined by an appointed person is instead to be determined by them. (2) Such a direction must— (a) state the reasons for which it is given, and (b) be served on the appellant. (3) Where an appeal under section 1C, 4B or 9C falls to be determined by the Scottish Ministers by virtue of a direction under this paragraph, the provisions of this Act which are relevant to the appeal are to apply, subject to sub-paragraph (4), as if this schedule had never applied to it. (4) In determining the appeal, the Scottish Ministers may take into account any report made to them by any person previously appointed to determine the appeal. (4) (1) The Scottish Ministers may by a further direction revoke a direction under paragraph 3 at any time before the determination of the appeal. (2) Such a further direction must— (a) state the reasons for which it is given, and (b) be served on— (i) the person, if any, previously appointed to determine the appeal, and (ii) the appellant. (3) Where such a further direction has been given, the provisions of this schedule relevant to the appeal are to apply, subject to sub-paragraph (4), as if no direction under paragraph 3 had been given. (4) Anything done by or on behalf of the Scottish Ministers in connection with the appeal which might have been done by the appointed person (including any arrangements made for the holding of a hearing or local inquiry) is, unless that person directs otherwise, to be treated as having been done by that person. (5) (1) At any time before the appointed person has determined the appeal the Scottish Ministers may— (a) revoke the appointment, and (b) appoint another person under paragraph 1 to determine the appeal instead. (2) Where such a new appointment is made, the consideration of the appeal or any inquiry or other hearing in connection with it is to be begun afresh. (3) Nothing in sub-paragraph (2) requires any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made. (6) (1) Whether or not the parties to an appeal have asked for an opportunity to appear and be heard, an appointed person— (a) may hold a local inquiry in connection with the appeal, and (b) must do so if the Scottish Ministers so direct. (2) Where an appointed person— (a) holds a hearing, or (b) holds an inquiry by virtue of this paragraph, an assessor may be appointed by the Scottish Ministers to sit with the appointed person at the hearing or inquiry to advise the appointed person on any matters arising. (3) Subject to sub-paragraph (4), the expenses of any such hearing or inquiry are to be paid by the Scottish Ministers. (4) Subsections (4) to (13) of section 265 of the Town and Country Planning (Scotland) Act 1997 (c.8) apply to an inquiry held under this paragraph as they apply to an inquiry held under that section. (5) The appointed person has the same power to make orders under subsection (9) of that section in relation to proceedings under this schedule which do not give rise to an inquiry as the person has in relation to such an inquiry. (6) For the purposes of this paragraph, references to the Minister in subsections (9) and (12) of that section are to be read as references to the appointed person. (7) The functions of determining an appeal and doing anything in connection with it conferred by this schedule on an appointed person who is a member of the staff of the Scottish Administration are to be treated for the purposes of the Scottish Public Services Ombudsman Act 2002 (asp 11) as functions conferred on the Scottish Ministers.

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CHAPTER 2 — REFERRAL OF CERTAIN APPLICATIONS

Referral of certain applications

35

After section 3A (inserted by paragraph 6) insert—

(3B) (1) The Scottish Ministers may give directions requiring applications for— (a) scheduled monument consent, (b) variation or discharge of conditions to which scheduled monument consent is subject, (c) subsequent approval required by a condition to which scheduled monument consent is subject, to be referred to them instead of being dealt with by Historic Environment Scotland. (2) A direction under this section may relate either to a particular application or to applications of a class specified in the direction. (3) A direction under this section may be withdrawn or modified by a subsequent direction. (4) An application in respect of which a direction under this section has effect is to be referred to the Scottish Ministers accordingly. (5) In determining an application under this section, the Scottish Ministers may deal with the application as if it had been made to them in the first instance. (6) Except as provided for by section 55, the decision of the Scottish Ministers on any application referred to them under this section is final. (7) The reference in subsection (1)(c) to scheduled monument consent includes a reference to consent granted by order under section 3. (3C) (1) The Scottish Ministers may by regulations make provision in connection with referrals under section 3B, including provision about the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the referral. (2) Regulations under subsection (1) may also make provision about the procedure to be followed, including— (a) the notification of a referral, (b) the manner in which a referral is to be conducted. (3) Regulations made by virtue of subsection (2)(b) may also include provision that the manner in which a referral, or any stage of a referral, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard) is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act).

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PART 6 — FUNCTIONS IN RELATION TO GARDENS, LANDSCAPES AND BATTLEFIELDS

36

Part 1A of the 1979 Act is amended as follows.

37

In section 32A (inventory of gardens and designed landscapes)—

• (a) in subsection (1)—

• (i) for “The Scottish Ministers” substitute “ Historic Environment Scotland ”,

• (ii) for “they think” substitute “ it thinks ”,

• (iii) for “them” substitute “ it ”,

• (b) in subsection (3) for “The Scottish Ministers” substitute “ Historic Environment Scotland ”,

• (c) in subsection (4)—

• (i) for “their” substitute “ its ”,

• (ii) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”,

• (d) in subsection (5)—

• (i) for “The Scottish Ministers” substitute “ Historic Environment Scotland ”,

• (ii) for “they think” substitute “ it thinks ”.

38

In section 32B(1) (inventory of battlefields)—

• (a) for “The Scottish Ministers” substitute “ Historic Environment Scotland ”,

• (b) for “they think” substitute “ it thinks ”,

• (c) for “them” substitute “ it ”.

PART 7 — OTHER MATTERS IN RELATION TO SCHEDULED MONUMENTS

39

The 1979 Act is further amended as follows.

Interdict

40

In section 9O (interdicts restraining unauthorised works on scheduled monuments)—

• (a) in subsection (1)—

• (i) for “they have exercised or propose to exercise any of their” substitute “ Historic Environment Scotland has exercised or proposes to exercise any of its ”,

• (ii) for “the Scottish Ministers” substitute “ it ”,

• (b) after that subsection insert—

(1A) Whether or not the Scottish Ministers have exercised or propose to exercise any of their powers under this Act, they may seek to restrain or prevent any actual or apprehended breach of any of the controls provided by or under this Act on the execution of works affecting scheduled monuments by means of an application for interdict.

,

• (c) in subsection (2) for “subsection (1)” substitute “ subsection (1) or (1A) ”.

Agreements concerning ancient monuments etc.

41

In section 17 (agreements concerning ancient monuments etc.)—

• (a) after subsection (2) insert—

(2A) Historic Environment Scotland may enter into an agreement under this section with the occupier of an ancient monument situated in Scotland or of any land so situated which adjoins or is in the vicinity of an ancient monument so situated.

,

• (b) in subsection (4)—

• (i) in paragraph (f) after “authority” insert “ or Historic Environment Scotland ”,

• (ii) in the fullout after “authority” insert “ or Historic Environment Scotland ”,

• (c) after subsection (9) insert—

(9A) References to an ancient monument in subsection (2A), and in subsection (3) so far as it applies for the purposes of subsection (2A), are to be construed as if the reference in section 61(12)(b) of this Act to the Secretary of State were to Historic Environment Scotland.

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Advice and superintendence

42

In section 25 (advice and superintendence)—

• (a) in subsection (1) for “The Secretary of State” substitute “ Historic Environment Scotland ”,

• (b) in subsection (2)—

• (i) for “The Secretary of State” substitute “ Historic Environment Scotland ”,

• (ii) for “his” in both places substitute “ its ”,

• (c) in subsection (3)—

• (i) for “The Secretary of State” substitute “ Historic Environment Scotland ”,

• (ii) for “he” substitute “ it ”.

Power of entry: inspection and recording

43

In section 26 (power of entry on land believed to contain an ancient monument)—

• (a) in subsection (1) for “the Secretary of State” in both places substitute “ Historic Environment Scotland ”,

• (b) in subsection (4)(b)—

• (i) for “the Scottish Ministers know or have” substitute “ Historic Environment Scotland knows or has ”,

• (ii) for “they know or believe” substitute “ it knows or believes ”.

Power to accept voluntary contributions

44

In section 31 (voluntary contributions towards expenditure under Part 1 of the 1979 Act) after “State” insert “ , Historic Environment Scotland ”.

Metal detectors

45

In section 42 (restrictions on use of metal detectors)—

• (a) in subsection (1) after “consent” insert “ of Historic Environment Scotland (in the case of a place situated in Scotland), ”,

• (b) in subsection (2) in the definition of “protected place”, after “State” insert “ , Historic Environment Scotland ”,

• (c) in subsection (3) after “that” insert “ of Historic Environment Scotland (where the place in question is situated in Scotland), ”,

• (d) in subsection (4) after “by” insert “ Historic Environment Scotland, ”,

• (e) in subsection (5)(a) after “by” insert “ Historic Environment Scotland, ”.

Power of entry: survey and valuation

46

In section 43(2) (power of entry for survey and valuation) after “State” insert “ , Historic Environment Scotland ”.

Compensation

47

In section 46(1) (compensation for damage caused by exercise of certain powers) after “from” insert “ Historic Environment Scotland, ”.

Application to Crown land

48

In section 50 (application of Act to Crown land) after subsection (1) insert—

(1A) For the purposes of subsection (1)(b), anything done by Historic Environment Scotland on Crown land, in relation to which it has functions by virtue of a delegation by the Scottish Ministers under section 3 of the Historic Environment Scotland Act 2014 (asp 19), is not to be treated as done by or on behalf of the Crown.

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Finds

49

In section 54(2) (treatment and preservation of finds) after “State” in both places insert “ , Historic Environment Scotland ”.

Proceedings questioning certain orders

50

In section 55 (proceedings for questioning validity of certain orders)—

• (a) in subsection (1)(b) after “State” insert “ or Historic Environment Scotland ”,

• (b) in subsection (3)—

• (i) after first “State” insert “ or Historic Environment Scotland ”,

• (ii) for “either” substitute “ any ”,

• (iii) for paragraph (a) substitute—

(a) any decision of the Scottish Ministers on an application for scheduled monument consent referred to them under section 3B, (aa) any decision of the Scottish Ministers on an appeal under this Act,

,

• (iv) in paragraph (b) for “the giving by the Secretary of State of any direction under section 4” substitute “ the making by Historic Environment Scotland of any order under section 4 or by the Scottish Ministers of any order under section 4A ”,

• (c) in subsection (4)(b) after “State” insert “ or Historic Environment Scotland ”,

• (d) in subsection (7) after “State” insert “ or Historic Environment Scotland ”.

Power to require information

51

In section 57(1) (power to require information as to interests in land) after “State” in both places insert “ or Historic Environment Scotland ”.

Interpretation

52

In section 61(9) (meaning of site of monument) after “State” insert “ or Historic Environment Scotland ”.

SCHEDULE 3

PART 1 — LISTING OF SPECIAL BUILDINGS

1

The 1997 Act is amended as follows.

Compiling or approving lists of special buildings

2

In section 1 (listing of buildings of special architectural or historic interest)—

• (a) in subsection (1) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

• (b) in subsection (2) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

• (c) in subsection (3)—

• (i) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

• (ii) for “him” substitute “ it ”,

• (d) in subsection (4) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

Publication of lists and notification of listing

3

After section 1 insert—

(1A) (1) Historic Environment Scotland must— (a) publish any list compiled or approved under section 1, and any amendments of such a list, and (b) make such lists available for public inspection, in such manner as may be prescribed. (2) Historic Environment Scotland must also— (a) notify such persons as may be prescribed, and (b) do so in such form and manner, and within such time, as may be prescribed, of the inclusion of a building in, the amendment of an entry relating to a building in or the exclusion of a building from such a list. (3) The Scottish Ministers may by regulations make further provision for— (a) the publication of such lists, (b) the making of such lists available for public inspection, (c) the notification of the inclusion of a building in, the amendment of an entry relating to a building in or the exclusion of a building from such a list. (4) Regulations under subsection (3) may in particular provide for planning authorities in whose districts any buildings included in such lists are situated to take any of the steps mentioned in that subsection.

.

4

Section 2 (publication of lists) is repealed.

Temporary listing

5

In section 3 (temporary listing: building preservation notices)—

• (a) in subsection (2) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

• (b) in subsection (4)—

• (i) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

• (ii) in paragraph (b) for “he” substitute “ it ”,

• (c) in subsection (6)—

• (i) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

• (ii) for “he” substitute “ it ”,

• (iii) in each of paragraphs (a) and (b) for “the Secretary of State's” in both places substitute “Historic Environment Scotland's”.

Certificate that no intention to list building

6

In section 5A (certificate that building not intended to be listed)—

• (a) in subsection (1)—

• (i) for “The Scottish Ministers” substitute “ Historic Environment Scotland ”,

• (ii) for “they do” substitute “ it does ”,

• (b) in subsection (2)—

• (i) for “the Scottish Ministers issue” substitute “ Historic Environment Scotland issues ”,

• (ii) in paragraph (a) for “they” and “them” substitute “ it ”,

• (c) in subsection (3) for “the Scottish Ministers” substitute “ Historic Environment Scotland ”.

PART 2 — LISTED BUILDING CONSENT

7

The 1997 Act is further amended as follows.

8

In section 7 (authorisation of works: listed building consent)—

• (a) in subsection (2)—

• (i) in paragraph (b) for “the Royal Commission” substitute “ Historic Environment Scotland ”,

• (ii) in paragraph (c)(i) for “members or officers of the Commission” substitute “ Historic Environment Scotland ”,

• (iii) for paragraph (c)(ii) substitute—

(ii) Historic Environment Scotland has stated in writing that it has completed its recording of that building or that it does not wish to record it,

,

• (b) subsection (4) is repealed,

• (c) in subsection (5) for “the Royal Commission” substitute “ Historic Environment Scotland ”.

9

In section 9 (making of applications for listed building consent)—

• (a) in subsection (3)—

• (i) the “and” after paragraph (b) is repealed,

• (ii) after paragraph (c) insert

, and (d) the procedure to be followed by planning authorities or, as the case may be, the Scottish Ministers in considering and determining such applications.

,

• (b) after subsection (5) insert—

(6) The regulations must also require planning authorities, before granting or refusing applications for listed building consent in such cases or classes of case as may be prescribed, to consult— (a) Historic Environment Scotland, (b) such other persons as may be— (i) prescribed, or (ii) specified in directions given to planning authorities by the Scottish Ministers. (7) Directions given by virtue of subsection (6)(b)(ii) for the purposes of regulations under this section may be given to— (a) planning authorities generally, (b) a particular planning authority, or (c) a description of planning authority.

.

Revocation and modification of listed building consent

10

In section 22(2) (procedure for orders revoking or modifying listed building consent: opposed cases) after paragraph (c) insert—

(ca) Historic Environment Scotland, (cb) such other persons as may be prescribed,

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11

In section 23(1)(b) (procedure for orders revoking or modifying listed building consent: unopposed cases) after “land” insert “ , Historic Environment Scotland, such other persons as may be prescribed ”.

PART 3 — CONSERVATION AREAS

12

The 1997 Act is further amended as follows.

13

In section 61(2) (designation of conservation areas)—

• (a) for “The Secretary of State” substitute “ Historic Environment Scotland ”,

• (b) for “he so determines, he” substitute “ Historic Environment Scotland so determines, it ”.

14

In section 62 (designation of conservation areas: supplementary provisions)—

• (a) in subsection (1) after “State” insert “ and Historic Environment Scotland ”,

• (b) for subsection (2) substitute—

(2) Historic Environment Scotland must— (a) give notice to a planning authority of— (i) the designation of any part of their district as a conservation area under section 61(2), and (ii) any variation or cancellation of any such designation, (b) give notice to the Scottish Ministers of the designation and of any such variation or cancellation.

,

• (c) in subsection (4) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

• (d) in subsection (5) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

15

In paragraph 2 of schedule 1 (buildings formerly subject to building preservation orders)—

• (a) for sub-paragraph (1) substitute—

(1) Historic Environment Scotland may at any time direct that paragraph 1 no longer applies to a particular building. (1A) The Scottish Ministers may direct that paragraph 1 no longer applies to a particular building if the building is referred to in a notice of appeal under section 5B, 18 or 35 relating to the building (whether or not they are requested to do so).

,

• (b) in sub-paragraph (2) for “such a direction” substitute “ a direction under sub-paragraph (1) or (1A) ”,

• (c) after sub-paragraph (2) insert—

(2A) Where a direction is given under sub-paragraph (1) or (1A), Historic Environment Scotland or (as the case may be) the Scottish Ministers must notify the other.

,

• (d) in sub-paragraph (3)—

• (i) for “such a direction” substitute “ a direction under sub-paragraph (1) or (1A) ”,

• (ii) for “the Secretary of State” substitute “ Historic Environment Scotland or (as the case may be) the Scottish Ministers ”.

16

Paragraph 3 of schedule 1 is repealed.

PART 4 — APPEALS AGAINST LISTING

17

The 1997 Act is further amended as follows.

18

After section 5A (certificate that building not intended to be listed) insert—

(5B) (1) This section applies where Historic Environment Scotland makes a decision— (a) to include a building in the list compiled or approved under section 1, (b) to amend an entry in the list relating to a building (but not where the amendment excludes a building from the list). (2) A person mentioned in subsection (3) may appeal the decision to the Scottish Ministers. (3) The person is— (a) the owner of the building, (b) the tenant of the building, (c) the occupier of the building. (5C) (1) The Scottish Ministers may— (a) dismiss an appeal under section 5B, (b) allow such an appeal (in whole or in part). (2) Where the Scottish Ministers allow an appeal, they may vary a part of the decision appealed against whether or not the appeal relates to that part of the decision. (3) Where the Scottish Ministers allow an appeal, they may direct Historic Environment Scotland to exercise its power under section 1 to amend the list compiled or approved under that section to give effect to their decision. (4) Except as provided for by sections 57 and 58, the decision of the Scottish Ministers on an appeal under section 5B is final. (5D) (1) Regulations may make provision in connection with appeals under section 5B, including provision about— (a) the grounds on which an appeal may be made, (b) the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal. (2) Regulations under subsection (1) may also make provision about the procedure to be followed, including— (a) the form, manner and time for making an appeal, (b) the notification of an appeal, (c) the manner in which an appeal is to be conducted. (3) Regulations made by virtue of subsection (2)(c) may also include provision that the manner in which an appeal, or any stage of an appeal, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard) is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act). (4) Schedule 3 (which makes provision about the determination of certain appeals by a person appointed by the Scottish Ministers) applies to an appeal under section 5B.

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19

In section 19(3) (appeals: supplementary provisions) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

20

In section 20(1) (determination of appeals) for paragraph (b) substitute—

(b) where the Scottish Ministers allow an appeal, they may direct Historic Environment Scotland to exercise its power under section 1 to amend the list compiled or approved under that section to give effect to their decision.

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21

In section 37(4) (determination of appeals under section 35) for paragraph (c) substitute—

(c) direct Historic Environment Scotland to exercise its power under section 1 to amend the list compiled or approved under that section to give effect to that determination.

.

22

In section 57(2) (validity of certain orders and decisions) before paragraph (a) insert—

(za) any decision of the Scottish Ministers on an appeal under section 5B,

.

23

In schedule 3 (determination of certain appeals by person appointed by the Scottish Ministers)—

• (a) in paragraph 1(1) after “sections” insert “ 5B, ”,

• (b) in paragraph 2(1) before paragraph (a) insert—

(za) in relation to an appeal under section 5B as the Scottish Ministers have under section 5C and paragraph 2(1A) of schedule 1,

,

• (c) in paragraph 3(3) after “section” insert “ 5B, ”,

• (d) in paragraph 5(3) paragraph (a) is repealed (together with the “or” immediately following it).

PART 5 — OTHER MATTERS IN RELATION TO LISTING

24

The 1997 Act is further amended as follows.

Compensation

25

In section 26(1) (compensation for loss or damage caused by service of building preservation notice) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

Application of 1997 Act to land and works of planning authorities

26

In section 73 (application of 1997 Act to land and works of planning authorities)—

• (a) in subsection (1) for “sections 1(1) and (3) and 2” substitute “ section 1(1) and (3) ”,

• (b) in subsection (4) “section 2(2) and” is repealed.

Powers of entry

27

In section 76 (rights of entry)—

• (a) in subsection (1) for “the Secretary of State” substitute “ Historic Environment Scotland ”,

• (b) in subsection (2) for “the Secretary of State” in both places substitute “ Historic Environment Scotland ”,

• (c) in subsection (3) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

Building preservation notices

28

In schedule 2 (lapse of building preservation notice) in paragraph 1(b) for “the Secretary of State” substitute “ Historic Environment Scotland ”.

SCHEDULE 4

1

The Marine (Scotland) Act 2010 (asp 5) is amended as follows.

2

After section 80 (advice etc. by Scottish Natural Heritage) insert—

(80A) (1) Historic Environment Scotland may give advice and guidance as to— (a) the matters which are capable of damaging or otherwise affecting any marine historic asset in a Historic MPA, (b) how any stated preservation objectives for a Historic MPA may be furthered, or how the achievement of any such objectives may be hindered, and (c) the assessment by a public authority of the matters in section 83(4)(b)(i) and (ii) including what factors the authority should take into account. (2) Advice or guidance as to any of the matters in paragraph (a) to (c) of subsection (1) may be given— (a) in relation to— (i) a particular Historic MPA, (ii) all Historic MPAs generally, (b) in relation to a particular public authority or public authorities generally.

.

3

In section 82 (duties of public authorities in relation to marine protected areas etc.)—

• (a) in subsection (3) after “Heritage” insert “ or Historic Environment Scotland ”,

• (b) in subsection (5) after “Heritage” insert “ or Historic Environment Scotland ”,

• (c) in subsection (6) after sub-paragraph (i) insert—

(ia) Historic Environment Scotland has given advice or guidance to the authority under section 80A,

,

• (d) in subsection (7) after “Heritage” insert “ or Historic Environment Scotland ”,

• (e) in subsection (10) after “Heritage” insert “ or Historic Environment Scotland ”,

• (f) in subsection (12) after “80” insert “ , by Historic Environment Scotland under section 80A ”,

• (g) in subsection (13)—

• (i) the words from “it is appropriate” to “Research MPA” become paragraph (a) of that subsection,

• (ii) after that paragraph insert—

(b) it is appropriate to inform Historic Environment Scotland where the exercise of the public authority's functions or the act or omission in question relates to a Historic MPA.

.

4

In section 83 (duties of public authorities in relation to certain decisions)—

• (a) in subsection (2) after “Heritage” insert “ or Historic Environment Scotland ”,

• (b) in subsection (8) after “80” insert “ , by Historic Environment Scotland under section 80A ”,

• (c) in subsection (9)—

• (i) the words from “it is appropriate” to “Research MPA” become paragraph (a) of that subsection,

• (ii) after that paragraph insert—

(b) it is appropriate to inform Historic Environment Scotland where the act relates to a Historic MPA.

.

5

In section 84 (failure to comply with duties) after subsection (3) insert—

(3A) In relation to a Historic MPA if, in the opinion of Historic Environment Scotland, a public authority has failed— (a) to act in accordance with advice or guidance given by Historic Environment Scotland under section 80A, (b) to comply with any of its duties under section 82(2) or 83(3) or (4), Historic Environment Scotland may request from the authority an explanation in writing for the failure. (3B) Historic Environment Scotland must send a copy of a request by it under subsection (3A) to the Scottish Ministers. (3C) On receiving a request under subsection (3A), the public authority must— (a) provide Historic Environment Scotland with the requested explanation for the failure, (b) send a copy of the explanation to the Scottish Ministers.

.

SCHEDULE 5

Staff transfer schemes

1

• (1) The Scottish Ministers may make a staff transfer scheme.

• (2) A staff transfer scheme is a scheme making provision for or in connection with the transfer to Historic Environment Scotland of persons who are—

• (a) employed by the Royal Commission on the Ancient and Historical Monuments of Scotland,

• (b) subject to sub-paragraph (3), members of the staff of the Scottish Ministers employed in the Executive Agency of the Scottish Ministers known as Historic Scotland.

• (3) Sub-paragraph (2)(b) does not apply to members of the staff of the Scottish Ministers on secondment or loan to Historic Scotland from another part of the Scottish Administration.

• (4) A staff transfer scheme may in particular—

• (a) prescribe rules by which the transfer of specified persons, or classes of specified person, can be determined,

• (b) provide that specified persons, or classes of specified person, are to become employees of Historic Environment Scotland.

• (5) A staff transfer scheme may make provision only in relation to persons whose employment relates to the carrying out of Historic Environment Scotland's functions.

• (6) In this paragraph “specified” means specified in a staff transfer scheme.

Staff transfer schemes: general

2

• (1) This paragraph applies in relation to a staff transfer scheme under paragraph 1.

• (2) The scheme must specify a date (the “transfer date”) on which the transfer is to take effect.

• (3) The scheme may—

• (a) specify different dates for different purposes,

• (b) make different provision in relation to different cases or classes of case.

Transfers under paragraph 1: effect on contract of employment

3

• (1) This paragraph applies where—

• (a) a person is to be transferred by virtue of a staff transfer scheme, and

• (b) immediately before the transfer date the person has a contract of employment with—

• (i) the Royal Commission on the Ancient and Historical Monuments of Scotland, or

• (ii) the Scottish Ministers.

• (2) The contract of employment has effect on and after the transfer date as if originally made between the person and Historic Environment Scotland.

• (3) The rights, powers, duties and liabilities of the Royal Commission on the Ancient and Historical Monuments of Scotland or, as the case may be, the Scottish Ministers under or in connection with the contract of employment are by virtue of this paragraph transferred to Historic Environment Scotland on the transfer date.

• (4) Anything done before the transfer date by or in relation to the Royal Commission on the Ancient and Historical Monuments of Scotland or, as the case may be, the Scottish Ministers in respect of the contract of employment or the person is to be treated on and after that date as having been done by or in relation to Historic Environment Scotland.

• (5) If, before the transfer date, the person informs the Royal Commission on the Ancient and Historical Monuments of Scotland or, as the case may be, the Scottish Ministers that the person does not wish to become an employee of Historic Environment Scotland—

• (a) sub-paragraphs (2) to (4) do not apply in relation to the person, and

• (b) the person's contract of employment is terminated on the day before the transfer date.

• (6) A person is not to be treated for any purpose as being dismissed by reason of the operation of any provision of this paragraph in relation to the person.

• (7) Nothing in this paragraph affects any right of a person to terminate the person's contract of employment if a substantial detrimental change in the person's working conditions is made.

• (8) No such right arises by reason only that, by virtue of this paragraph, the identity of the person's employer changes.

Property transfer schemes

4

• (1) The Scottish Ministers may make a property transfer scheme.

• (2) A property transfer scheme is a scheme making provision for or in connection with the transfer to Historic Environment Scotland of property, rights, liabilities and obligations of—

• (a) the Royal Commission on the Ancient and Historical Monuments of Scotland,

• (b) the Scottish Ministers.

• (3) A property transfer scheme may make provision by virtue of sub-paragraph (2) only in so far as the property, rights, liabilities and obligations relate to Historic Environment Scotland's functions.

• (4) The Royal Commission on the Ancient and Historical Monuments of Scotland must provide the Scottish Ministers with such information or assistance as Ministers may reasonably require for the purposes of or in connection with the making of a property transfer scheme.

• (5) On the transfer date—

• (a) any property or rights to which a property transfer scheme applies transfer to and vest in Historic Environment Scotland,

• (b) any liabilities or obligations to which such a scheme applies become liabilities or obligations of Historic Environment Scotland.

• (6) A property transfer scheme may make provision for the payment by Historic Environment Scotland of compensation in respect of property and rights transferred by virtue of the scheme.

Property transfer schemes: general

5

• (1) This paragraph applies in relation to a property transfer scheme under paragraph 4.

• (2) The scheme must specify a date (the “transfer date”) on which the transfer is to take effect.

• (3) The scheme may—

• (a) specify different dates in relation to different property, rights, liabilities and obligations,

• (b) make different provision in relation to different cases or classes of case.

• (4) The scheme may make provision for the creation of rights, or the imposition of liabilities or obligations, in relation to the property, rights, liabilities or obligations transferred by virtue of the scheme.

• (5) The scheme may make provision requiring Historic Environment Scotland to comply with requirements or conditions specified by the Scottish Ministers in relation to the property.

• (6) A certificate issued by the Scottish Ministers that any property, right, liability or obligation has, or has not, been transferred by virtue of a property transfer scheme is conclusive evidence of the transfer or the fact that there has not been a transfer.

• (7) The scheme may make provision about the continuation of legal proceedings.

Transfer schemes: additional provision

6

A staff transfer scheme under paragraph 1 or a property transfer scheme under paragraph 4 may include such incidental, consequential, supplementary, transitional, transitory or saving provision as the Scottish Ministers consider appropriate.

SCHEDULE 6

Ethical Standards in Public Life etc. (Scotland) Act 2000

1

In the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7), in schedule 3 (devolved public bodies)—

• (a) the entry for the Royal Commission on the Ancient and Historical Monuments of Scotland is repealed,

• (b) at the appropriate place in alphabetical order insert— “ Historic Environment Scotland ”.

Scottish Public Services Ombudsman Act 2002

2

In the Scottish Public Services Ombudsman Act 2002 (asp 11), in Part 2 of schedule 2 (listed authorities: entries amendable by Order in Council), under the heading “Scottish public authorities”—

• (a) after paragraph 25 (the entry for Highlands and Islands Enterprise) insert—

(25ZA) Historic Environment Scotland.

,

• (b) paragraph 34 (the entry for the Royal Commission on the Ancient and Historical Monuments of Scotland) is repealed.

Freedom of Information (Scotland) Act 2002

3

In the Freedom of Information (Scotland) Act 2002 (asp 13), in Part 7 of schedule 1 (Scottish public authorities: others)—

• (a) after paragraph 67 (the entry for Highlands and Islands Enterprise) insert—

(67ZA) Historic Environment Scotland.

,

• (b) paragraph 76 (the entry for the Royal Commission on the Ancient and Historical Monuments of Scotland) is repealed.

Public Appointments and Public Bodies etc. (Scotland) Act 2003

4

In the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), in schedule 2 (the specified authorities), under the heading “Executive bodies”—

• (a) at the appropriate place in alphabetical order insert— “ Historic Environment Scotland ”,

• (b) the entry for the Royal Commission on the Ancient and Historical Monuments of Scotland is repealed.

Public Services Reform (Scotland) Act 2010

5

In the Public Services Reform (Scotland) Act 2010 (asp 8)—

• (a) in schedule 5 (improvement of public functions: listed bodies), under the heading “Scottish public authorities with mixed functions or no reserved functions”—

• (i) at the appropriate place in alphabetical order insert— “ Historic Environment Scotland ”,

• (ii) the entry for the Royal Commission on the Ancient and Historical Monuments of Scotland is repealed,

• (b) in schedule 8 (information on exercise of public functions: listed public bodies)—

• (i) at the appropriate place in alphabetical order insert— “ Historic Environment Scotland ”,

• (ii) the entry for the Royal Commission on the Ancient and Historical Monuments of Scotland is repealed.

Public Records (Scotland) Act 2011

6

In the Public Records (Scotland) Act 2011 (asp 12), in the schedule (authorities to which Part 1 applies), under the heading “Others”—

• (a) at the appropriate place in alphabetical order insert— “ Historic Environment Scotland ”,

• (b) the entry for the Royal Commission on the Ancient and Historical Monuments of Scotland is repealed.

Functions of Historic Environment Scotland

Historic Environment Scotland's functions in relation to scheduled monuments

Historic Environment Scotland's functions in relation to listed buildings

Historic Environment Scotland's functions in relation to the marine environment

Transfer of staff and property to Historic Environment Scotland

Grants and loans by the Scottish Ministers

Meaning of “listed building”

Applications for listed building consent

Control of demolition

Status

Membership

Persons disqualified from membership

Removal of members

Remuneration, allowances and expenses of members

Chief executive and staff

Pensions, allowances and gratuities

Committees

Procedure and meetings

Delegation of functions

Validity of proceedings and actions

General powers

Accounts

Reports

Appeal against inclusion or amendment of entry in Schedule of monuments

Appeal in relation to scheduled monument consent

Determination of appeals by appointed person

Referral of certain applications

Interdict

Agreements concerning ancient monuments etc.

Advice and superintendence

Power of entry: inspection and recording

Power to accept voluntary contributions

Metal detectors

Power of entry: survey and valuation

Compensation

Application to Crown land

Finds

Proceedings questioning certain orders

Power to require information

Interpretation

Compiling or approving lists of special buildings

Publication of lists and notification of listing

Temporary listing

Certificate that no intention to list building

Revocation and modification of listed building consent

Compensation

Application of 1997 Act to land and works of planning authorities

Powers of entry

Building preservation notices

Staff transfer schemes

Staff transfer schemes: general

Transfers under paragraph 1: effect on contract of employment

Property transfer schemes

Property transfer schemes: general

Transfer schemes: additional provision

Ethical Standards in Public Life etc. (Scotland) Act 2000

Scottish Public Services Ombudsman Act 2002

Freedom of Information (Scotland) Act 2002

Public Appointments and Public Bodies etc. (Scotland) Act 2003

Public Services Reform (Scotland) Act 2010

Public Records (Scotland) Act 2011

Editorial notes

[^key-2800c96bdc6f4e5396ba44218f808b24]: S. 1 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, art. 2

[^key-e35637aec55b7119342a81a035119e7d]: Sch. 1 para. 1 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, art. 2

[^key-bf43f7987d01a1e677426c1c8f587bf3]: Sch. 1 para. 2 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, art. 2

[^key-8f866b1dd69f2ac37180cc8431499c2f]: Sch. 1 para. 3 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, art. 2

[^key-94a0d93a26ba4918ac2805c5c79ed11e]: Sch. 1 para. 4 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, art. 2

[^key-202c607ffc60c1d0e7ec29ab39ab7b32]: Sch. 1 para. 5 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, art. 2

[^key-d6ca90b08031337e18c4e5d8ad8792c5]: Sch. 1 para. 6 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, art. 2

[^key-96aaa1b1fbd5f97c19ed540d7a1300de]: Sch. 1 para. 7 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, art. 2

[^key-173080592aa25ac74c06c7ac3daa1bdf]: Sch. 1 para. 8 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, art. 2

[^key-e78650d86a741c15194fb7d07cbe701f]: Sch. 1 para. 9 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, art. 2

[^key-598d013d80caa825009c234fd520ac5f]: Sch. 1 para. 10 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, art. 2

[^key-2bf872636946b2d42e1e338d0543b84f]: Sch. 1 para. 11 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, art. 2

[^key-33516d9a2ce4cae99cf2d16e753e4969]: Sch. 1 para. 12 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, art. 2

[^key-92e583796e7ea4f94abc5c16b6cb0153]: Sch. 1 para. 13 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, art. 2

[^key-ff2e1052dc487676695de98173118d33]: Sch. 1 para. 14 in force at 19.1.2015 for specified purposes by S.S.I. 2014/368, art. 2

[^key-5bb0929319cce1dae6bf83b20b722117]: S. 1 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-94dc72ee9f92933f6d0a07ef6614654f]: S. 2 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-fea85b3441c4fab7e5890d723a393b96]: S. 9 in force at 27.2.2015 by S.S.I. 2015/31, art. 2, Sch.

[^key-2000b6016efb5874e370d7c058ce1f7e]: S. 12 in force at 27.2.2015 by S.S.I. 2015/31, art. 2, Sch.

[^key-97034cb164759724a991e1e37aa21d48]: S. 13 in force at 27.2.2015 by S.S.I. 2015/31, art. 2, Sch.

[^key-a39351ce26fba0b196660365308d5117]: S. 14 in force at 27.2.2015 by S.S.I. 2015/31, art. 2, Sch.

[^key-da0f04e01805318befa503bc581da501]: S. 15 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-2a862779d11976b674078e9b8be32a66]: S. 16 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-80a0e99e2fa785ab500ae6c8860bf1cf]: S. 19 in force at 27.2.2015 by S.S.I. 2015/31, art. 2, Sch.

[^key-f721ee9e0169a7733515b6cf3a64f744]: S. 21 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-a122ab32fa9a85cac7b59af307e9fa9e]: S. 23 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-a1ad7288fcd670c106d44e9d9d96bb48]: S. 28 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-cf3706b3c1421e69f3a15155a39d50b0]: Sch. 1 para. 1 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-ac12bc9a939bdf200b701d69cefa91bd]: Sch. 1 para. 2 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-8bb8015a8034576f9c6f038290b6190c]: Sch. 1 para. 3 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-db40ec2127e762eccabffb82875c970a]: Sch. 1 para. 4 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-b779b2190b8ad61747a8cb33dbf73c9f]: Sch. 1 para. 5 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-45fc5432828d49d514057a5304d9ad14]: Sch. 1 para. 6 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-12ec1fd30cae08a8cedbb6f064cc7fa5]: Sch. 1 para. 7 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-9acaf8efd59fd3eba088862fb4a28fda]: Sch. 1 para. 8 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-54daa0aaa890cb683dba02ecf1b603e7]: Sch. 1 para. 9 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-1bf11139c23cff54d7935d8e6dd19516]: Sch. 1 para. 10 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-08d9c0aa9f4e20d50524b41e381912cd]: Sch. 1 para. 11 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-2d1730f1bbe32695a05afa6762896f35]: Sch. 1 para. 12 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-bea8c82854bec2b09c442a28aa55815d]: Sch. 1 para. 13 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-fa5292217cf13703755f4114e70fa3b4]: Sch. 1 para. 14 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-f0fd4a45f536c6ef58164a926930571d]: Sch. 2 para. 1 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-ef4cdc654eb1945315f70a3c3ab820e3]: Sch. 2 para. 2 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-9116082b4983b5f19fe93a5cdd5276fd]: Sch. 2 para. 3 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-82fc8aa0bf0d3ee2e4cbee5c44c945e9]: Sch. 2 para. 4 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-33cd7fc18eb3fb23194b9ff5fdde1e60]: Sch. 2 para. 5 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-b692c17f3f39c6eec66d8db3f1017eb3]: Sch. 2 para. 6 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-28a5698470b6d8f762696082f7e7e667]: Sch. 2 para. 7 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-478f771472b2db31ce94c04105e8028c]: Sch. 2 para. 8 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-30c721b4835dec868d96b34251aae1ee]: Sch. 2 para. 9 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-30991f1af1d0a1a44d01e66eb4691da3]: Sch. 2 para. 10 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-e8f70fb64cc3ca671b91357326aa06e0]: Sch. 2 para. 11 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-39b6b79e91ec8fcac5d0ee1bf945c26a]: Sch. 2 para. 12 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-80fa43c07d9362de1bf848632bc87be4]: Sch. 2 para. 13 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-eadd5278e0d9c660f5ac5bd39c928dab]: Sch. 2 para. 14 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-0a41e6aa4a3e3ee7218bf377a1f14333]: Sch. 2 para. 15 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-c8989e8bc7db334d14e2aeb090a7de4e]: Sch. 2 para. 16 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-fa9140cbd5b4666c102be503d78af5ae]: Sch. 2 para. 17 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-60f04f793e319ce26e94fdd815574f6c]: Sch. 2 para. 18 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-b53ae70538e1d1f1e1e6cac02be7f668]: Sch. 2 para. 19 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-5ecbd4f2c7f957adc6783b8a5550f7e2]: Sch. 2 para. 20 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-5b8f747cb79cd6431877099c810cd2d3]: Sch. 2 para. 21 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-f051bcb3fd10c4c9b6469257951c5bb3]: Sch. 2 para. 22 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-5d57289a3e9947f93617aad86af8a10e]: Sch. 2 para. 23 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-568e523aa10216fdf81cfc5db2b951d4]: Sch. 2 para. 24 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-2c8866cd920069f3d2402272b65020f5]: Sch. 2 para. 25 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-0365731e923b9696abb2802348a353c5]: Sch. 2 para. 26 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-44207ecb6713ece01211d1a6f022cbb6]: Sch. 2 para. 27 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.

[^key-3a112e78265e85507e13d6d06933f970]: Sch. 2 para. 28 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31, art. 2, Sch.