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Scottish Statutory Instruments

2011 No. 174 (C. 14)

Ancient Monuments

Town And Country Planning

The Historic Environment (Amendment) (Scotland) Act 2011 (Commencement No. 1) Order 2011

Made

3rd March 2011

The Scottish Ministers make the following Order in exercise of the powers conferred by section 33(2) and (3) of the Historic Environment (Amendment) (Scotland) Act 2011(1).

Citation

1.  This Order may be cited as the Historic Environment (Amendment) (Scotland) Act 2011 (Commencement No. 1) Order 2011.

Appointed Day

2.—(1) Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Historic Environment (Amendment) (Scotland) Act 2011 specified in column 1 of the Schedule (the subject matter of which is described in column 2 of the Schedule) is 30th June 2011.

(2) Where a purpose is specified in column 3 of the Schedule in relation to any provision, that provision comes into force on 30th June 2011 for that purpose only.

FIONA HYSLOP

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

3rd March 2011

Article 2

SCHEDULE

Column 1

Provisions of the Act

Column 2

Subject Matter

Column 3

Purpose

Section 1Recovery of grants for repair, maintenance and upkeep of certain property
Section 5Powers of entry to inspect condition of scheduled monument
Section 6Works affecting scheduled monuments: enforcementOnly for the purpose of enabling regulations to be made
Section 7Control and management of monuments and land under guardianship
Section 8Provision of facilities, etc. at ancient monuments
Section 9Financial support for preservation, etc. of monuments
Section 11Inventories of gardens and designed landscapes and of battlefields
Section 12Development and understanding of matters of historic, etc. interest: grants and loans
Section 13Regulations and orders under the 1979 Act
Section 15Scheduled monument consent: applications, etc.Only for the purpose of enabling regulations to be made
Section 20Declining to determine an application for listed building consentOnly for the purpose of enabling regulations to be made
Section 23Stop notice and temporary stop noticesOnly for the purpose of enabling regulations to be made
Section 24Non-compliance with listed building enforcement notice: fixed penalty noticeOnly for the purpose of enabling regulations to be made
Section 26Liability of owner and successors for expenses of urgent worksOnly for the purpose of enabling regulations to be made
Section 27Recovery of grants for preservation, etc. of listed buildings and conservation areas
Section 29(1)Regulations in connection with inquiries, etc.
Section 30Regulations and orders under the 1997 Act

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 30th June 2011 sections 1, 5, 7 to 9, 11 to 13, 27, 29(1) and 30 of the Historic Environment (Amendment) (Scotland) Act 2011 (“the Act”) for all purposes and sections 6, 15, 20, 23, 24 and 26 for the limited purposes of enabling the Scottish Ministers to make, or to make provision by means of, subordinate legislation.

The Bill for the Act received Royal Assent on 23rd February 2011. Sections 31 to 33 of the Act came into force the following day.