Section 9H Stop notices: supplementary provisionsF1

Scotland

(1)

A stop notice ceases to have effect when—

(a)

the scheduled monument enforcement notice to which it relates is withdrawn or quashed,

(b)

the period for compliance expires, or

(c)

notice of the withdrawal of the stop notice is served under section 9G(7),

whichever occurs first.

(2)

Where a requirement of the scheduled monument enforcement notice to which a stop notice relates is waived or relaxed by virtue of section 9B(5) so that the scheduled monument enforcement notice no longer relates to any relevant works, the stop notice ceases to have effect in relation to those works.

(3)

Where a stop notice has been served in respect of a scheduled monument F2Historic Environment Scotland may publicise it by displaying on the land in, on or under which the monument is situated or on the monument (except where doing so might damage it) a notice (in this section and in sections 6 and 9J referred to as a “site notice”)—

(a)

stating that a stop notice has been served on a particular person or persons,

(b)

indicating its requirements, and

(c)

stating that any person contravening it may be prosecuted for an offence under section 9J.

(4)

A stop notice is not invalid by reason that a copy of the scheduled monument enforcement notice to which it relates was not served as required by section 9B if it is shown that F3Historic Environment Scotland took all such steps as were reasonably practicable to effect proper service.

Annotations

Textual amendments

F1: Ss. 9A-9O and cross-heading inserted (S.) (30.6.2011 for specified purposes, 1.12.2011 in so far as not already in force) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 6(1), 33(2); S.S.I. 2011/174, art. 2, Sch.; S.S.I. 2011/372, art. 2, Sch. (with savings in S.S.I. 2015/239, arts. 1(1), 8)
F2: Words in s. 9H(3) substituted (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. 25(a) (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), 8)
F3: Words in s. 9H(4) substituted (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. 25(b) (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), 8)

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)