# Ancient Monuments and Archaeological Areas Act 1979, Paragraph 3B: Referral of certain applications to the Scottish Ministers

Extent: S

(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(3) A direction under this section may be withdrawn or modified by a subsequent direction.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.

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Source: https://www.legislation.gov.uk/ukpga/1979/46/part/I/paragraph/3B (the official version)
Page: https://openlegislation.uk/ancient-monuments-and-archaeological-areas-act-1979/part-I/paragraph-3B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.