Historic Environment (Amendment) (Scotland) Act 2011

(50A) (1) An owner of a listed building who is liable for expenses under section 50(2) does not, by virtue only of ceasing to be such an owner, cease to be liable for those expenses. (2) Subject to subsection (3), where a person becomes an owner of a listed building (any such person being referred to in this section as a “new owner”) that person is severally liable with any former owner of the building for any expenses for which the former owner is liable under section 50(2). (3) A new owner is liable as mentioned in subsection (2) only if the condition mentioned in subsection (4) or subsection (5) is met. (4) The condition is that— (a) a notice (a “notice of liability for expenses”) in the form prescribed under section 50G is registered in relation to the building, (b) the notice was registered at least 14 days before the acquisition date, and (c) the notice has not expired before the acquisition date. (5) The condition is that— (a) a notice of renewal (within the meaning of section 50C) in relation to the building is registered, and (b) that notice has not expired before the acquisition date (6) A notice of liability for expenses is to specify— (a) the expenses mentioned in subsection (2), and (b) the works to which the expenses relate. (7) In this section, “acquisition date” means the date on which the new owner acquired right to the listed building. (8) Where a new owner of a listed building pays any expenses for which a former owner of the building is liable, the new owner may recover the amount so paid from the former owner. (9) A person who is entitled to recover an amount under subsection (8) does not, by virtue only of ceasing to be the owner of the listed building, cease to be entitled to recover that amount. (10) This section applies as respects any expenses for which an owner of a listed building becomes liable on or after the day on which this section comes into force. (50B) (1) A notice of liability for expenses— (a) may be registered only on the application of the Scottish Ministers or a planning authority, (b) may be registered in respect of expenses of different works executed on a listed building, (c) expires at the end of the period of 5 years beginning with the date of its registration. (2) The Keeper of the Registers of Scotland is not required to investigate or determine whether the information contained in any notice of liability for expenses submitted for registration is accurate. (50C) (1) Subsection (2) applies where— (a) a notice of liability for expenses in relation to a listed building is registered, and (b) that notice has not expired. (2) A notice (a “notice of renewal”) in the form prescribed by section 50G specifying the same expenses and works as those specified in the notice of liability for expenses may be registered. (3) A second or subsequent notice of renewal in respect of the same expenses and works specified in the notice of liability for expenses mentioned in subsection (1) may be registered. (4) A second or subsequent notice of renewal may not be registered if an earlier notice of renewal has expired. (5) Where the notice of liability for expenses mentioned in subsection (1) was registered on the application of— (a) the Scottish Ministers, a notice of renewal may be registered only on the application of the Scottish Ministers, (b) a planning authority, a notice of renewal may be registered only on the application of that authority. (6) A notice of renewal expires at the end of the period of 5 years beginning with the date of its registration. (7) The Keeper of the Registers of Scotland is not required to investigate or determine whether the information contained in any notice of renewal submitted for registration is accurate. (50D) (1) Subsections (2) and (3) apply where— (a) a notice of liability for expenses (in this section, the “original notice”) in relation to a listed building, or a notice of renewal in relation to the original notice, is registered, and (b) the owner of the listed building has made representations to the Scottish Ministers under section 50(4) or (6). (2) Where the original notice was registered on the application of a planning authority, the authority must, as soon as reasonably practicable after the Scottish Ministers give notice of their determination under section 50(5), apply to register a notice (a “notice of determination”) in the form prescribed under section 50G. (3) Where the original notice was registered on the application of the Scottish Ministers, the Scottish Ministers must, as soon as reasonably practicable after making their determination under section 50(4) or (6), apply to register a notice of determination. (4) A notice of determination must specify the amount given by the Scottish Ministers as the amount recoverable in connection with a notice of determination under section 50(5). (5) Where the amount recoverable (“amount A”) is less than the amount specified as the expenses of the works in the original notice (“amount B”), amount B is, on registration of the notice of determination, to be treated as amount A. (6) The Keeper of the Registers of Scotland is not required to investigate or determine whether the information contained in any notice of determination submitted for registration is accurate. (50E) (1) Subsections (2) and (3) apply where— (a) a notice of liability for expenses (in this section, the “original notice”) in relation to a listed building, or a notice of renewal in relation to the original notice, is registered, and (b) any liability for expenses under section 50(2) to which the original notice relates has been fully discharged. (2) Where the original notice was registered on the application of a planning authority, the authority must apply to register a notice (a “notice of discharge”) in the form prescribed under section 50G stating that liability has been fully discharged. (3) Where the original notice was registered on the application of the Scottish Ministers, the Scottish Ministers must apply to register a notice of discharge. (4) On being registered, a notice of discharge— (a) discharges the notice of liability for expenses, or (b) where a notice of renewal in relation to the original notice is registered, discharges the notice of renewal. (5) The Keeper of the Registers of Scotland is not required to investigate or determine whether the information contained in any notice of discharge submitted for registration is accurate. (50F) In relation to— (a) a notice of liability for expenses, (b) a notice of renewal, (c) a notice of determination, (d) a notice of discharge, “register” means register the information contained in the notice in question in the Land Register of Scotland or, as appropriate, record the notice in question in the Register of Sasines; and “registered” and other related expressions are to be construed accordingly. (50G) (1) The Scottish Ministers may prescribe— (a) the form of the notices mentioned in subsection (2), and (b) the information to be contained in such notices (in addition to any required to be contained in them by virtue of any other provision of this Act). (2) The notices are— (a) a notice of liability for expenses, (b) a notice of renewal, (c) a notice of determination, (d) a notice of discharge.

.

• (4) In section 12 of the Land Registration (Scotland) Act 1979 (c.33), in subsection (3) (which specifies losses for which there is no entitlement to be indemnified by the Keeper under that section), after paragraph (s) add—

(t) the loss arises in consequence of an inaccuracy in any information contained in— (i) a notice of liability for expenses registered in pursuance of section 50A of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9); (ii) a notice of renewal registered in pursuance of section 50C of that Act; (iii) a notice of determination registered in pursuance of section 50D of that Act; or (iv) a notice of discharge registered in pursuance of section 50E of that Act.

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Recovery of grants for preservation of listed buildings, etc.

Recovery of grants for preservation, etc. of listed buildings and conservation areas

27

• (1) The 1997 Act is amended in accordance with this section.

• (2) In section 51 (power of local authority to contribute to the preservation of listed buildings etc.)—

• (a) after subsection (5) insert—

(5A) A contribution under this section by way of grant may be made subject to such conditions as the local authority may determine.

,

• (b) in subsection (6), at the beginning insert “ Without prejudice to the generality of subsection (5A), ”.

• (3) In section 52 (recovery of grants under section 51)—

• (a) in subsection (1), at the beginning insert “ Subject to subsection (1A), ”,

• (b) after that subsection insert—

(1A) Where a condition imposed on the making of a grant to which this section applies specifies, or makes provision for calculating, the amount recoverable in the event of a disposal by the grantee of that interest, that amount is the amount recoverable under subsection (1) in respect of the disposal.

,

• (c) in subsection (4), at the beginning insert “ Subject to subsection (4A), ”,

• (d) after that subsection insert—

(4A) Where a condition referred to in subsection (4) specifies, or makes provision for calculating, the amount recoverable in the event of a condition being contravened or not complied with, that amount is the amount recoverable under subsection (4) in respect of the contravention or failure to comply with the condition.

.

• (4) In section 70 (recovery of grants under section 69)—

• (a) in subsection (4), at the beginning insert “ Subject to subsection (4A), ”,

• (b) after that subsection insert—

(4A) Where a condition imposed on the making of a grant to which this section applies specifies, or makes provision for calculating, the amount recoverable in the event of a disposal by the grantee of that interest, that amount is the amount recoverable under subsection (4) in respect of the disposal.

,

• (c) in subsection (7), at the beginning insert “ Subject to subsection (7A), ”,

• (d) after that subsection insert—

(7A) Where a condition referred to in subsection (7) specifies, or makes provision for calculating, the amount recoverable in the event of a condition being contravened or not complied with, that amount is the amount recoverable under subsection (7) in respect of the contravention or failure to comply with the condition.

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Crown application

Provisions that do not bind the Crown

28

In section 73A(2) of the 1997 Act (application to the Crown)—

• (a) after paragraph (e) insert—

(ea) section 41E; (eb) section 41H;

,

• (b) after paragraph (g) insert—

(ga) section 50A(2);

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Regulations in connection with inquiries

Regulations in connection with inquiries, etc.

29

• (1) In section 79(1) of the 1997 Act (application of certain general provisions of the Town and Country Planning (Scotland) Act 1997), after the reference to section 273 (offences by corporations) insert— “ section 275A (further provision as regards regulations: inquiries, etc.), ”.

• (2) In subsection (5) of section 9 of the Tribunals and Inquiries Act 1992 (c.53) (procedure in connection with statutory inquiries)—

• (a) the words from “an” to the end become paragraph (a) of that subsection,

• (b) after that paragraph insert

; or (b) an inquiry held under paragraph 6 of Schedule 3 to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9).

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Regulations and orders

Regulations and orders under the 1997 Act

30

• (1) Section 82 of the 1997 Act (regulations and orders) is amended in accordance with this section.

• (2) In subsection (2)—

• (a) the words “shall be exercisable by statutory instrument” become paragraph (a) of that subsection,

• (b) after that paragraph insert—

(b) may be exercised so as to make different provision for different purposes.

.

• (3) In subsection (3), at the beginning insert “ Subject to subsection (3A), ”.

• (4) After subsection (3) insert—

(3A) A statutory instrument containing regulations made under section 39A(5) is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

.

• (5) In subsection (4)—

• (a) the words “shall be exercisable by statutory instrument” become paragraph (a) of that subsection,

• (b) after that paragraph insert—

(b) may be exercised so as to make different provision for different purposes.

.

• (6) For subsection (6) substitute—

(6) Any power conferred by this Act to make regulations or orders includes power to make such incidental, supplemental, consequential, transitory, transitional or saving provision as the Scottish Ministers consider necessary or expedient.

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Part 4 — General

Interpretation

31

In this Act—

• “the 1953 Act” means the Historic Buildings and Ancient Monuments Act 1953 (c.49),

• “the 1979 Act” means the Ancient Monuments and Archaeological Areas Act 1979 (c.46),

• “the 1997 Act” means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9).

Ancillary provision

32

• (1) The Scottish Ministers may by order made by statutory instrument make such supplementary, incidental, consequential, transitory, transitional or saving provision as they consider necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

• (2) The provision which can be made under subsection (1) includes provision amending or repealing any enactment (including any enactment comprised in this Act) or any other instrument.

• (3) An order under this section may make different provision for different purposes.

• (4) Subject to subsection (5), a statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (5) A statutory instrument containing an order under this section which adds to, replaces or omits any part of the text of an Act is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Parliament.

Short title and commencement

33

• (1) This Act may be cited as the Historic Environment (Amendment) (Scotland) Act 2011.

• (2) The provisions of this Act, except sections 31, 32 and this section, come into force on such day as the Scottish Ministers may by order made by statutory instrument appoint.

• (3) Different days may be appointed under subsection (2) for different purposes.

Recovery of grants for repair, maintenance and upkeep of certain property

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

Fines: increases and duty of court in determining amount

Powers of entry to inspect condition of scheduled monument

Control and management of monuments and land under guardianship

Provision of facilities, etc. at ancient monuments

Financial support for preservation, etc. of monuments

Power of entry on land where monument at risk

Inventories of gardens and designed landscapes and of battlefields

Regulations and orders under the 1979 Act

Scheduled monument consent: applications, etc.

Application for scheduled monument consent: inquiries and hearings

Certificate that building not intended to be listed

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

Declining to determine an application for listed building consent

Enforcement notice: requirement to cease works

Stop notices and temporary stop notices

Urgent works to preserve unoccupied listed buildings

Recovery of grants for preservation, etc. of listed buildings and conservation areas

Regulations in connection with inquiries, etc.

Regulations and orders under the 1997 Act

Ancillary provision

Editorial notes

[^key-ee43dd84755bf866f58e9e75588e2f5d]: S. 1 in force at 30.6.2011 by S.S.I. 2011/174, art. 2, Sch.

[^key-d07937913a0c6db2192c8c2e65a3758a]: S. 5 in force at 30.6.2011 by S.S.I. 2011/174, art. 2, Sch.

[^key-280556853004702df48ecc137e41ff86]: S. 6 in force for specified purposes at 30.6.2011 by S.S.I. 2011/174, art. 2, Sch.

[^key-8a193e5e52682c0ead1c7aa61ae63bd8]: S. 7 in force at 30.6.2011 by S.S.I. 2011/174, art. 2, Sch.

[^key-a0ae41bfb7fc5a1364e9e529b23f1c57]: S. 8 in force at 30.6.2011 by S.S.I. 2011/174, art. 2, Sch.

[^key-3b1ef6e7aee16903a0893ac89c20adf3]: S. 9 in force at 30.6.2011 by S.S.I. 2011/174, art. 2, Sch.

[^key-55e0c2fe1c861db134667f8c409e2d47]: S. 11 in force at 30.6.2011 by S.S.I. 2011/174, art. 2, Sch.

[^key-c2023e909e27eb8597cd564d03175092]: S. 12 in force at 30.6.2011 by S.S.I. 2011/174, art. 2, Sch.

[^key-3e9a3d3e890d6ce186af1b562d9ec5ca]: S. 13 in force at 30.6.2011 by S.S.I. 2011/174, art. 2, Sch.

[^key-b675251e0978685c4bd41ceb9c58a494]: S. 15 in force for specified purposes at 30.6.2011 by S.S.I. 2011/174, art. 2, Sch.

[^key-44e7f64f1ee1313211d92d7017acdf55]: S. 20 in force for specified purposes at 30.6.2011 by S.S.I. 2011/174, art. 2, Sch.

[^key-05f06e53270652ab40ae485d4cd293cf]: S. 23 in force for specified purposes at 30.6.2011 by S.S.I. 2011/174, art. 2, Sch.

[^key-4748cba5239e070f50c07fa6876a3449]: S. 24 in force for specified purposes at 30.6.2011 by S.S.I. 2011/174, art. 2, Sch.

[^key-28ca452a5d36570846a677c9603b91af]: S. 26 in force for specified purposes at 30.6.2011 by S.S.I. 2011/174, art. 2, Sch.

[^key-065876edf3391f267cdda2056d4b8ba2]: S. 27 in force at 30.6.2011 by S.S.I. 2011/174, art. 2, Sch.

[^key-3d98487ab8caba94ba198244c757d35f]: S. 29(1) in force at 30.6.2011 by S.S.I. 2011/174, art. 2, Sch.

[^key-ba5e02ca8e2cf28e5e0a46e161010456]: S. 30 in force at 30.6.2011 by S.S.I. 2011/174, art. 2, Sch.

[^key-1ca132a2c79edb062339e43fd66f7f51]: S. 2 in force at 1.12.2011 by S.S.I. 2011/372, art. 2, Sch.

[^key-216afffeed4b8f08122bf7fb561c2be4]: S. 3 in force at 1.12.2011 by S.S.I. 2011/372, art. 2, Sch.

[^key-8ab7d96dc02336f01b19b173009072d3]: S. 4 in force at 1.12.2011 by S.S.I. 2011/372, art. 2, Sch.

[^key-3eb54d6fe75facc2380af2b6deb3f9fb]: S. 6 in force in so far as not already in force at 1.12.2011 by S.S.I. 2011/372, art. 2, Sch.

[^key-d14d96e33c1e543c5cc1a9434e8889c1]: S. 10 in force at 1.12.2011 by S.S.I. 2011/372, art. 2, Sch.

[^key-14c35e0eb94a3badd800b9008d76c4a1]: S. 14 in force at 1.12.2011 by S.S.I. 2011/372, art. 2, Sch.

[^key-c325888fb93d163ec9af971bd89e41e9]: S. 15 in force in so far as not already in force at 1.12.2011 by S.S.I. 2011/372, art. 2, Sch.

[^key-814489a37af2556150eb5424cee67be2]: S. 16 in force at 1.12.2011 by S.S.I. 2011/372, art. 2, Sch.

[^key-0d966617c089c78a569ebe577ce29bc0]: S. 17 in force at 1.12.2011 by S.S.I. 2011/372, art. 2, Sch.

[^key-132c73522a41e9d379128886e19c9873]: S. 18 in force at 1.12.2011 by S.S.I. 2011/372, art. 2, Sch.

[^key-55a18261faf642d54c862a6a3808b8ab]: S. 19 in force at 1.12.2011 by S.S.I. 2011/372, art. 2, Sch.

[^key-c052611ecb9724f8ce56f829ce1d80fd]: S. 20 in force in so far as not already in force at 1.12.2011 by S.S.I. 2011/372, art. 2, Sch.

[^key-4d6e2270cb0e2c95951710c11346a9bd]: S. 21 in force at 1.12.2011 by S.S.I. 2011/372, art. 2, Sch.

[^key-b238502dbdc1233384d31e5d3af48e28]: S. 22 in force at 1.12.2011 by S.S.I. 2011/372, art. 2, Sch.

[^key-6ae1d30d0e55befdcb3ec646a5e62a28]: S. 23 in force in so far as not already in force at 1.12.2011 by S.S.I. 2011/372, art. 2, Sch.

[^key-8d15ef42d2a94e168b848d5a83a35c56]: S. 24 in force in so far as not already in force at 1.12.2011 by S.S.I. 2011/372, art. 2, Sch.

[^key-ac1f191560a5b7bb2e932779cda69758]: S. 25 in force at 1.12.2011 by S.S.I. 2011/372, art. 2, Sch.

[^key-0a4818d86f140413b946d65baf6a3055]: S. 26 in force in so far as not already in force at 1.12.2011 by S.S.I. 2011/372, art. 2, Sch.

[^key-1d95399aee438a96626f05c1ec9e0d1a]: S. 28 in force at 1.12.2011 by S.S.I. 2011/372, art. 2, Sch.