(1)The Secretary of State may allow or dismiss an appeal under section 18, or may reverse or vary any part of the decision of the authority, whether or not the appeal relates to that part, and—
(a)may deal with the application as if it had been made to him in the first instance, and
(b)[F1where the Scottish Ministers allow an appeal, they may direct Historic Environment Scotland to exercise its power under section 1 to amend the list compiled or approved under that section to give effect to their decision.]
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The decision of the Secretary of State on the appeal shall be final.
(4)Schedule 3 (which makes provision regarding the determination of certain appeals by a person appointed by the Secretary of State) applies to appeals under section 18.
Textual Amendments
F1S. 20(1)(b) 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. 3 para. 20 (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F2S. 20(2) repealed (1.12.2011 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), s. 59(2), sch.; S.S.I. 2011/382, art. 2(1)(2)(b)(3)
Modifications etc. (not altering text)
C1Ss. 6-25 applied (with modifications) (1.10.2015) by The Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015 (S.S.I. 2015/243), regs. 1, 15, sch. 3 (with reg. 2)
C2S. 20(2) savings for effects of 2006 asp 17, sch. (1.12.2011) by The Planning etc. (Scotland) Act 2006 (Listed Buildings) (Saving Provisions) Order2011 (S.S.I. 2011/381), arts. 1(1), 3(2)(a)