The Ancient Monuments and Archaeological Areas (Applications for Scheduled Monument Consent) (Scotland) Regulations 2011
2011 No. 375
Ancient Monuments
The Ancient Monuments and Archaeological Areas (Applications for Scheduled Monument Consent) (Scotland) Regulations 2011
Made 27th October 2011
Laid before the Scottish Parliament 31th October 2011
Coming into force 1st December 2011
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2 and 60 of, and paragraphs 1(1) and 2(2), (2A) and (3) of Schedule 1 to, the Ancient Monuments and Archaeological Areas Act 19791and all other powers enabling them to do so.
Citation, commencement, extent and application
1.—(1) These Regulations may be cited as the Ancient Monuments and Archaeological Areas (Applications for Scheduled Monument Consent) (Scotland) Regulations 2011 and come into force on 1st December 2011.
(2) These Regulations extend to Scotland only.
(3) These Regulations apply to applications for scheduled monument consent made on or after 1st December 2011.
Application for scheduled monument consent
2.—(1) An application for scheduled monument consent to the Scottish Ministers must be made in accordance with this Regulation.
(2) An application (on a form obtained from the Scottish Ministers) must contain—
(a)
(a) a written description of the works to which it relates;
(b)
(b) the name or location of the scheduled monument to which the works relate or a description of the location of the land; and
(c)
(c) the name and address of the applicant and, where an agent is acting on behalf of the applicant, the name and address of that agent.
(3) The application must be accompanied by—
(a)
(a) a plan or drawing, sufficient to identify the area of land to which the works relate;
(b)
(b) such other plans and drawings as are necessary to describe the works to which it relates; and
(c)
(c) one or other of the certificates required under regulation 3.
Certificates and notices
3.—(1) The applicant is to give notice in the form set out in the Schedule to any person (other than the applicant) who at the beginning of the prescribed period was the owner of the monument to which the application relates.
(2) The applicant must issue a certificate stating, as appropriate—
(a)
(a) that at the beginning of the prescribed period no person (other than the applicant) was the owner of the monument to which the application relates;
(b)
(b) that the applicant has given notice in accordance with paragraph (1);
(c)
(c) that the applicant—
(i) is unable to issue a certificate in accordance with sub-paragraph (a) or (b); and
(ii) has given notice to at least one person entitled to receive notice under paragraph (1) but, having taken reasonable steps to ascertain the names and addresses of other such persons, was unable to give notice to those other persons;
(d)
(d) that the applicant—
(i) is unable to issue a certificate in accordance with sub-paragraph (a); and
(ii) having taken reasonable steps to ascertain the names and addresses of any person entitled to receive notice under paragraph (1), was unable to give notice to any such person.
(3) A certificate issued—
(a)
(a) under paragraph (2)(b) or (c) must set out the name of every person to whom notice was given and the address at and the date on which such notice was given;
(b)
(b) under paragraph (2)(c) or (d) must specify the steps taken to ascertain the names and addresses of those persons to whom the applicant has been unable to give notice.
(4) For the purposes of this regulation—
“the 1911 Act” means the Small Landholders (Scotland) Act 19112;
“the 1991 Act” means the Agricultural Holdings (Scotland) Act 19913;
“the 2003 Act” means the Agricultural Holdings (Scotland) Act 20034;
“agricultural tenant” means—
(a) in the case of an agricultural lease constituting a 1991 Act tenancy within the meaning of the 2003 Act, the tenant within the meaning of section 85 of the 1991 Act;
(b) in the case of a lease constituting a short limited duration tenancy or a limited duration tenancy under the 2003 Act, the tenant within the meaning of section 93 of that Act;
(c) in the case of a holding within the meaning of the 1911 Act to which the 1991 Act does not apply, the landholder within the meaning of section 2(2) of the 1911 Act;
“owner...
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