SCHEDULES
SCHEDULE 1 Control of Works Affecting Scheduled Monuments
Part I Applications for Scheduled Monument Consent
C61
1
Provision may be made by regulations under this Act with respect to the form and manner in which applications for scheduled monument consent are to be made, the particulars to be included therein and the information to be provided by applicants or (as the case may be) by F7the Secretary of StateF7Historic Environment Scotland in connection therewith.
F41A
The Scottish Ministers may by regulations make provision as to—
a
the manner in which scheduled monument consent is to be granted;
b
the form and content of scheduled monument consent.
2
Any scheduled monument consent (including scheduled monument consent granted by order under section 3 of this Act) shall (except so far as it otherwise provides) enure for the benefit of the monument and of all persons for the time being interested therein.
F263
The Welsh Ministers may by regulations make provision as to cases in which an applicant for scheduled monument consent in relation to a monument situated in Wales may make the application otherwise than in the form provided for under sub-paragraph (1); and such provision may confer a discretion on the Welsh Ministers.
C1C2C72
C31
F5The Secretary of State may refuse to entertain an application for scheduled monument consent unless it is accompanied by one or other of the following certificates signed by or on behalf of the applicant, that is to say—
a
a certificate stating that, at the beginning of the period of twenty-one days ending with the application, no person other than the applicant was the owner of the monument;
b
a certificate stating that the applicant has given the requisite notice of the application to all the persons other than the applicant who, at the beginning of that period, were owners of the monument;
c
a certificate stating that the applicant is unable to issue a certificate in accordance with either of the preceding paragraphs, that he has given the requisite notice of the application to such one or more of the persons mentioned in paragraph (b) above as are specified in the certificate, that he has taken such steps as are reasonably open to him to ascertain the names and addresses of the remainder of those persons and that he has been unable to do so;
d
a certificate stating that the applicant is unable to issue a certificate in accordance with paragraph (a) above, that he has taken such steps as are reasonably open to him to ascertain the names and addresses of the persons mentioned in paragraph (b) above and that he has been unable to do so.
C3F52
Any certificate issued for the purposes of sub-paragraph (1) above—
a
shall contain such further particulars of the matters to which the certificate relates as may be prescribed by regulations made for the purposes of this paragraph; and
b
shall be in such form as may be so prescribed;
and any reference in that sub-paragraph to the requisite notice is a reference to a notice in the form so prescribed.
F5The Scottish Ministers may by regulations—
a
make provision as to the notice of any application for scheduled monument consent to be given to any person (other than the applicant) who, at the beginning of the period of 21 days ending with the date of the application, was the owner of the monument;
b
make provision for publicising applications for scheduled monument consent;
c
make provision as to—
i
the form and content of certificates such as are mentioned in sub-paragraph (1) and notices such as are mentioned in paragraph (a);
ii
service of such notices;
d
make provision as to such further particulars of the matters to which such certificates relate as may be prescribed;
e
require an applicant for scheduled monument consent to certify, in such form as may be prescribed, or to provide evidence, that any requirements of the regulations have been satisfied.
2A
Regulations under sub-paragraph (2) may make different provision for different classes of case.
3
Regulations made for the purposes of this paragraph may make provision as to who, in the case of any monument, is to be treated as the owner for those purposes.
C54
If any person issues a certificate which purports to comply with the requirements of this paragraph F24or of regulations made by the Welsh Ministers under itF27or regulations made under it and which contains a statement which he knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding F1level 3 on the standard scale.
F22A
As soon as practicable after receiving an application for scheduled monument consent in relation to a monument situated in England, the Secretary of State shall send a copy of the application to the Commission.
E1F222B
1
The Welsh Ministers may refuse to entertain an application for scheduled monument consent if—
a
within the period of 2 years ending with the date on which the application is received, the Welsh Ministers have refused a similar application; and
b
in their opinion, there has been no significant change in any material considerations since the similar application was refused.
2
The Welsh Ministers may refuse to entertain an application for scheduled monument consent if the application is made at a time when a similar application is under consideration.
3
For the purposes of this paragraph, an application for scheduled monument consent is to be taken to be similar to another such application only if the works to which the applications relate are, in the Welsh Ministers' opinion, the same or substantially the same.
E2C4C8F6 2B
1
Where sub-paragraph (2) or (3) applies, F9Historic Environment Scotland may refuse to entertain an application for scheduled monument consent.
2
This sub-paragraph applies where—
a
within the period of 2 years ending with the date the application is received, F10Historic Environment Scotland has or the Scottish Ministers have refused F11or the Scottish Ministers have dismissed an appeal against the refusal of, or an appeal under section 4B(3) in respect of, a similar application; and
b
3
This sub-paragraph applies where the application is made at a time when a similar application is under consideration.
4
For the purposes of this paragraph, an application for scheduled monument consent is to be taken to be similar to another such application only if the scheduled monument and the works to which the applications relate are, in the opinion of F14Historic Environment Scotland , the same or substantially the same.
F152C
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.
2D
The Scottish Ministers may give directions to Historic Environment Scotland requiring it, in such cases or classes of case as may be specified in the directions, to notify to Ministers and to such other persons as may be so specified—
a
any applications made to it for scheduled monument consent, and
b
the decisions taken on those applications.
C93
1
The Secretary of State F16or Historic Environment Scotland may grant scheduled monument consent in respect of all or any part of the works to which an application for scheduled monument consent relates.
F172
Before determining whether or not to grant scheduled monument consent on any application therefor, the Secretary of State shall either—
a
cause a public local inquiry to be held; or
b
afford to the applicant, and to any other person to whom it appears to the Secretary of State expedient to afford it, an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
F17The Scottish Ministers may by regulations make provision for the procedure to be followed by Historic Environment Scotland in considering and determining applications for scheduled monument consent.
F173
Before determining whether or not to grant scheduled monument consent on any application therefor the Secretary of State—
a
shall in every case consider any representations made by any person with respect to that application before the time when he considers his decision thereon (whether in consequence of any notice given to that person in accordance with any requirements of regulations made by virtue of paragraph 2 above or of any publicity given to the application by the Secretary of State, or otherwise); and
b
shall also, if any inquiry or hearing has been held in accordance with sub-paragraph (2) above, consider the report of the person who held it. F3and
c
shall, if the monument in question is situated in England, consult with the Commission.
4
F255
This paragraph does not apply to applications for scheduled monument consent in respect of works to a scheduled monument situated in Wales.
F233A
1
This paragraph applies to applications for scheduled monument consent in respect of works to a scheduled monument situated in Wales.
2
The Welsh Ministers may grant scheduled monument consent in respect of all or any part of the works to which an application relates.
3
Before determining whether or not to grant scheduled monument consent on an application, the Welsh Ministers may—
a
cause a public local inquiry to be held; or
b
afford to the applicant, and to any other person to whom it appears to the Welsh Ministers expedient to do so—
i
an opportunity to appear before and be heard by a person appointed by the Welsh Ministers for that purpose; or
ii
an opportunity to make representations to a person appointed by the Welsh Ministers for that purpose.
4
Before determining whether or not to grant scheduled monument consent on an application, the Welsh Ministers—
a
must, in every case, consider any representations made by any person with respect to that application; and
b
must also, if an inquiry or hearing has been held or representations have been made in accordance with sub-paragraph (3), consider the report of the person who held the inquiry or hearing or to whom the representations were made.
5
The Welsh Ministers must serve notice of their decision with respect to the application on the applicant and on every person who has made representations with respect to the application.
C104
F211
Subsections (2) to (5) of section 250 of the M1Local Government Act 1972 (evidence and costs at local inquiries) shall apply to a public local inquiry held in pursuance of paragraph 3(2) above in relation to a monument situated in England and Wales as they apply where a Minister or the Secretary of State causes an inquiry to be held under subsection (1) of that section.
2
Subsections (2) to (8) of section 210 of the M2Local Government (Scotland) Act 1973 (evidence and expenses at local inquiries) shall apply to a public local inquiry held in pursuance of paragraph 3(2) above in relation to a monument situated in Scotland as they apply where a Minister or the Secretary of State causes an inquiry to be held under subsection (1) of that section.