The Historic Environment Scotland Act 2014 (Ancillary Provision) Order 2015
| Jurisdiction | Scotland |
| Citation | SSI 2015/271 |
| Year | 2015 |
2015No. 271
ANCIENT MONUMENTS
REGULATORY REFORM
The Historic Environment Scotland Act 2014 (Ancillary Provision) Order 2015
24thJune2015
1stOctober2015
The Scottish Ministers make the following Order in exercise of the powers conferred by section 27(1) of the Historic Environment Scotland Act 2014( 1), section 7 of the Regulatory Reform (Scotland) Act 2014( 2) and all other powers enabling them to do so.
In accordance with section 26(3)(c) of the Historic Environment Scotland Act 2014 and section 58(3)(b) of the Regulatory Reform (Scotland) Act 2014 a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement
1. This Order may be cited as the Historic Environment Scotland Act 2014 (Ancillary Provision) Order 2015 and comes into force on 1st October 2015.
2.-(1) The 1984 Act( 3) is modified as follows.
(2) In section 91(4) (prevention of danger to road from nearby vegetation and fences etc. or from retaining walls being inadequate: ancient monument) for "the Secretary of State" substitute "Historic Environment Scotland".
(3) In section 151(1) (interpretation)( 4) in the definition of "consultation bodies" for paragraph (d) substitute-
"(d) Historic Environment Scotland;".
(4) The modification made by paragraph (2) does not affect the validity of any consent given under section 91(4) of the 1984 Act before 1st October 2015.
(5) Despite paragraph (3), where before 1st October 2015 the Scottish Ministers have complied with a provision of the 1984 Act mentioned in paragraph (6) in relation to a particular project, Historic Environment Scotland is not to be treated as a consultation body for the purpose of that provision in relation to that project.
(6) The provisions referred to in paragraph (5) are-
(a) section 20A(6) (environmental assessment of certain road construction projects: consultation bodies' opinion)( 5);
(b) section 55A(6) (environmental assessment of certain road improvement projects: consultation bodies' opinion).
(7) In this article "the 1984 Act" means the Roads (Scotland) Act 1984.
3.-(1) In section 35(3) of the Building (Scotland) Act 2003( 6) (scheduled monuments, listed buildings, etc. consultation) for paragraph (a) substitute-
"(a) Historic Environment Scotland,".
(2) Where a local authority has, in respect of a notice or works mentioned in section 35(2) of the Building (Scotland) Act 2003, consulted the Scottish...
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