C1 Part I Ancient Monuments
Protection of scheduled monuments
3BF1Referral of certain applications to the Scottish Ministers
1
The Scottish Ministers may give directions requiring applications for—
a
scheduled monument consent,
b
variation or discharge of conditions to which scheduled monument consent is subject,
c
subsequent approval required by a condition to which scheduled monument consent is subject,
to be referred to them instead of being dealt with by Historic Environment Scotland.
2
A direction under this section may relate either to a particular application or to applications of a class specified in the direction.
3
A direction under this section may be withdrawn or modified by a subsequent direction.
4
An application in respect of which a direction under this section has effect is to be referred to the Scottish Ministers accordingly.
5
In determining an application under this section, the Scottish Ministers may deal with the application as if it had been made to them in the first instance.
6
Except as provided for by section 55, the decision of the Scottish Ministers on any application referred to them under this section is final.
7
The reference in subsection (1)(c) to scheduled monument consent includes a reference to consent granted by order under section 3.
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)