Ancient Monuments and Archaeological Areas Act 1979

• (c) direct Historic Environment Scotland to exercise its power under section 1(5) to modify the Schedule to give effect to that determination.

• (6) Any scheduled monument consent granted by the Scottish Ministers under subsection (5)(a) is to be treated as granted under section 2(3).

• (7) Except as provided for by section 55, the decision of the Scottish Ministers on an appeal under section 9C is final.

9CB

• (1) The Scottish Ministers may by regulations make provision in connection with appeals under section 9C, including provision about 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 1A (which makes provision about the determination of certain appeals by a person other than the Scottish Ministers) applies to appeals under section 9C.

9FA

• (1) If it appears to the Scottish Ministers that it is expedient that a scheduled monument enforcement notice should be served in respect of any monument or land in, on or under which there is a scheduled monument, they may serve such a notice under section 9A.

• (2) A scheduled monument enforcement notice served by the Scottish Ministers has the same effect as if it had been served by Historic Environment Scotland.

• (3) The Scottish Ministers must not serve such a notice without consulting Historic Environment Scotland.

• (4) The provisions of this Act relating to scheduled monument enforcement notices apply, so far as relevant, to a scheduled monument enforcement notice served by the Scottish Ministers as they apply to a scheduled monument enforcement notice served by Historic Environment Scotland, but with the substitution for any reference to Historic Environment Scotland of a reference to the Scottish Ministers, and any other necessary modifications.

9HA

• (1) If it appears to the Scottish Ministers that it is expedient that a stop notice should be served in respect of any monument or land in, on or under which there is a scheduled monument, they may serve such a notice under section 9G.

• (2) A stop notice served by the Scottish Ministers has the same effect as if it had been served by Historic Environment Scotland.

• (3) The Scottish Ministers must not serve such a notice without consulting Historic Environment Scotland.

• (4) The provisions of this Act relating to stop notices apply, so far as relevant, to a stop notice served by the Scottish Ministers as they apply to a stop notice served by Historic Environment Scotland, but with the substitution for any reference to Historic Environment Scotland of a reference to the Scottish Ministers, and any other necessary modifications.

Public access to monuments under public control.

Transfer of ancient monuments between local authorities and Secretary of State.

Designation of areas of archaeological importance.

Local inquiries

23A

• (1) The Scottish Ministers may hold a local inquiry for the purposes of the exercise of any of their functions under this Part of this Act.

• (2) The Scottish Ministers must appoint a person to hold the inquiry and to report on it to them.

• (3) Subsections (4) to (13) of section 265 of the Town and Country Planning (Scotland) Act 1997 (c.8) apply to an inquiry held by virtue of subsection (1) as they apply to an inquiry held by virtue of subsection (1) of that section.

23B

• (1) The Scottish Ministers may by regulations make provision as to the procedure to be followed in connection with inquiries or hearings conducted under or by virtue of this Act.

• (2) Regulations under subsection (1) may in particular make provision—

• (a) about the notification of an inquiry or hearing,

• (b) about the manner in which an inquiry or hearing is to be conducted,

• (c) as to procedure in connection with matters preparatory to such inquiries or hearings and in connection with matters subsequent to them.

Development and understanding of matters of historic, etc. interest: grants and loans

Special provision for Scotland.

Special provision for Scotland.

Special provision for Scotland.

2C

• (1) If Historic Environment Scotland, on an application to it for scheduled monument consent, intends to grant that consent, it must, where sub-paragraph (2) applies, first notify the Scottish Ministers of the application.

• (2) This sub-paragraph applies where—

• (a) regulations, or

• (b) directions given to Historic Environment Scotland by the Scottish Ministers,

provide that the application must be so notified.

• (3) The Scottish Ministers may within the period of 28 days beginning with the date of the notification—

• (a) direct the reference of the application to them under section 3B, or

• (b) give notice to Historic Environment Scotland that they require further time in which to consider whether to require such a reference.

• (4) Historic Environment Scotland must not grant scheduled monument consent until—

• (a) the period mentioned in sub-paragraph (3) has expired without the Scottish Ministers directing the reference of the application to them or giving notice under paragraph (b) of that sub-paragraph, or

• (b) the Scottish Ministers have notified Historic Environment Scotland that they do not intend to require the reference of the application.

2D

The Scottish Ministers may give directions to Historic Environment Scotland requiring it, in such cases or classes of case as may be specified in the directions, to notify to Ministers and to such other persons as may be so specified—

• (a) any applications made to it for scheduled monument consent, and

• (b) the decisions taken on those applications.

10

• (1) Except as provided for in paragraph 11, an order made by Historic Environment Scotland under section 4 modifying or revoking a scheduled monument consent does not take effect unless it is confirmed by the Scottish Ministers.

• (2) Where Historic Environment Scotland submits an order to the Scottish Ministers for confirmation, it must serve notice on—

• (a) the owner of the scheduled monument affected,

• (b) where the owner is not the occupier of the monument, the occupier, and

• (c) any other person who in its opinion will be affected by the order.

• (3) The notice must specify the period (which must not be less than 28 days after its service) within which any person on whom it is served may require an opportunity of appearing before and being heard by a person appointed by the Scottish Ministers for the purpose.

• (4) If within that period a person on whom the notice is served so requires, the Scottish Ministers must, before they confirm the order, give such an opportunity both to that person and to Historic Environment Scotland.

• (5) The Scottish Ministers may confirm any such order submitted to them either without modification or subject to such modifications as they consider expedient.

11

• (1) Where sub-paragraph (2) applies, Historic Environment Scotland—

• (a) need not submit the order under section 4 modifying or revoking the scheduled monument consent to the Scottish Ministers for approval,

• (b) must instead take the steps mentioned in sub-paragraph (3).

• (2) This sub-paragraph applies where—

• (a) the owner of the scheduled monument affected,

• (b) where the owner is not the occupier of the monument, the occupier, and

• (c) all other persons who in Historic Environment Scotland's opinion will be affected by the order,

have notified Historic Environment Scotland in writing that they do not object to the order.

• (3) The steps referred to in sub-paragraph (1)(b) are—

• (a) advertising in the prescribed manner the fact that the order has been made,

• (b) serving notice to the same effect on the persons mentioned in sub-paragraph (2), and

• (c) sending a copy of any such advertisement to the Scottish Ministers not more than 3 days after its publication.

• (4) The advertisement under sub-paragraph (3)(a) must specify—

• (a) the period within which persons affected by the order may give notice to the Scottish Ministers that they require an opportunity of appearing before and being heard by a person appointed by the Scottish Ministers for the purpose, and

• (b) the period at the end of which, if no such notice is given to the Scottish Ministers, the order may take effect by virtue of this paragraph and without being confirmed by the Scottish Ministers.

• (5) The period referred to in sub-paragraph (4)(a) must not be less than 28 days from the date on which the advertisement first appears.

• (6) The period referred to in sub-paragraph (4)(b) must not be less than 14 days from the end of the period referred to in sub-paragraph (4)(a).

• (7) The notice under sub-paragraph (3)(b) must include a statement to the effect that no compensation is payable under section 9 in respect of an order which takes effect by virtue of this paragraph.

• (8) The order takes effect at the end of the period referred to in sub-paragraph (4)(b) without being confirmed by the Scottish Ministers if—

• (a) no person claiming to be affected by the order has given notice to the Scottish Ministers as mentioned in sub-paragraph (4)(a) within the period referred to in that sub-paragraph, and

• (b) the Scottish Ministers have not directed that the order be submitted to them for confirmation.

SCHEDULE 1A

Determination of appeals by appointed person

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”.

Powers and duties of 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.

Determination of appeals by the Scottish Ministers

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.

Appointment of another person to determine appeal

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.

Local inquiries and hearings

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.

Supplementary provisions

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.

1AA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1AB

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1AC

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1AD

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1AE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

9ZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9ZB

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special provision for Scotland.

SCHEDULE A1

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE A2

Decisions on reviews by appointed persons

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers and duties of appointed person

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of another person to make a decision on a review

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public local inquiries, hearings and written representations

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Directions

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delegation

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provision

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9ZC

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9ZD

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Scheduled monument enforcement notice: appeal

9ZE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9ZF

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9ZG

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9ZH

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

9ZI

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9ZJ

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9ZK

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9ZL

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

9ZM

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Scheduled monument enforcement notices

Powers of limited owners for purposes of sections 12, 16 and 17.

Provision of facilities for the public in connection with ancient monuments.

Ancient Monuments Boards.

Advice and superintendence by Secretary of State.

Designation of areas of archaeological importance.

Development and understanding of matters of historic, etc. interest: grants and loans

3A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of ancient monuments between local authorities and Secretary of State.

Power of entry on land believed to contain an ancient monument.

Designation of areas of archaeological importance.

Development and understanding of matters of historic, etc. interest: grants and loans

Duty to consult on certain amendments relating to the Schedule

Scheduled monument enforcement notice: appeal

Powers of limited owners for purposes of sections 12, 16 and 17.

Provision of facilities for the public in connection with ancient monuments.

Power of entry on land believed to contain an ancient monument.

...

41A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of limited owners for purposes of sections 12, 16 and 17.

Provision of facilities for the public in connection with ancient monuments.

Advice and superintendence by Secretary of State.