Paragraph 2C F1

Scotland

(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.

Annotations

Textual amendments

F1: Sch. 1 paras. 2C, 2D 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. 14(5) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch. (with savings in S.S.I. 2015/239, arts. 1(1), 6)