2011 No. 372 (C. 35)

Ancient Monuments
Town And Country Planning

The Historic Environment (Amendment) (Scotland) Act 2011 (Commencement No. 2) Order 2011

Made

Laid before the Scottish Parliament

Coming into force

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 20111.

Citation and commencement1

This Order may be cited as the Historic Environment (Amendment) (Scotland) Act 2011 (Commencement No. 2) Order 2011 and comes into force on 1st December 2011.

Appointed day2

The day appointed for the coming into force of the provisions (to the extent not already in force) 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 1st December 2011.

FIONA HYSLOPA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh

SCHEDULE

Article 2

Column 1

Provisions of the Act

Column 2

Subject Matter

Section 2

Control of works affecting scheduled monuments

Section 3

Offences under sections 2, 28 and 42: modification of defences

Section 4

Fines: increases and duty of court in determining amount

Section 6

Works affecting scheduled monuments: enforcement

Section 10

Power of entry on land where monument at risk

Section 14

Meaning of “monument” in the 1979 Act

Section 15

Scheduled monument consent: applications, etc.

Section 16

Refusal to entertain certain applications for scheduled monument consent

Section 17

Application for scheduled monument consent: inquiries and hearings

Section 18

Certificate that building not intended to be listed

Section 19

Offences in relation to unauthorised works and listed building consent: increase in fines

Section 20

Declining to determine an application for listed building consent

Section 21

Hearings in connection with applications for listed building consent and appeals

Section 22

Enforcement notice: requirements to cease works

Section 23

Stop notices and temporary stop notices

Section 24

Non-compliance with listed building enforcement notice: fixed penalty notice

Section 25

Urgent works to preserve unoccupied listed buildings

Section 26

Liability of owner and successors for expenses of urgent works

Section 28

Provisions that do not bind the Crown

EXPLANATORY NOTE

(This note is not part of the Order)

The Order brings into force on 1st December 2011 for all purposes sections 2, 3, 4, 6, 10, 14 to 26 and 28 of the Historic Environment (Amendment) (Scotland) Act 2011.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Act have been brought into force by a commencement order made before the date of this Order.

Provision

Date of Commencement

Instrument No.

Sections 1, 5, 7, 8, 9, 11, 12, 13, 27, 29(1) and 30 (for all purposes) and sections 6, 15, 20, 23, 24 and 26 (only for the purpose of enabling regulations to be made)

30th June 2011

S.S.I. 2011/174