Historic Environment (Amendment) (Scotland) Act 2011
| Jurisdiction | Scotland |
| Citation | 2011 asp 3 |
(1) Section 4A of the 1953 Act (recovery of grants under section 4) is amended in accordance with this section.(2) In subsection (3) , at the beginning, insert “ Subject to subsection (3A) below, ” .(3) After subsection (3) insert—“ Subject to subsection (4A) below, ” .(5) After subsection (4) insert—“ reasonable ” ,after “monument”, where it first occurs, insert “ shall be guilty of an offence if the person ” ,in paragraph (a) , for the words “knowing that it is” substitute “ knew or ought to have known that it was ” ,for the word “intending” substitute “ intended ” ,for the word “being” substitute “ was ” ,the words “shall be guilty of an offence” are repealed.in subsection (6) for the word “prove” substitute “ show ” ,for the words “prove that he had taken all reasonable precautions” substitute
- “(3A) Where a condition referred to in subsection (3) above 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 (3) in respect of the contravention or failure to comply with the condition.
- “(4A) Where a condition referred to in subsection (3) above specifies, or makes provision for calculating, the amount recoverable in the event of a disposal by the grantee of the relevant interest, that amount is the amount recoverable under subsection (4) above in respect of the disposal.
- “(3A) If—
- (a) works to which this section applies have been executed without being authorised under this Part; and
- (b) the Scottish Ministers grant consent for the retention of the works, the works are authorised under this Part of this Act from the grant of the consent.
- show that, before executing, causing the execution of or, as the case may be, permitting the execution of the works—
- (a) he had taken all reasonable steps to find out whether there was a scheduled monument within the area affected by the works, and
- show that—
- (a) he had taken all reasonable steps
- ; and
- (b) he did not know and had no reason to believe that that place was a protected place
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