Paragraph 4C Determination of appeals under section 4BF1

Scotland

(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.

Annotations

Textual amendments

F1: Ss. 4B-4D inserted (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. 33 (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

Notes on Part I

Modifications

C1: Pt. 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)