All provisions and associated Regulations attached to the Historic Environment (Amendment) (Scotland) Act 2011 have been commenced on 1 December 2011. The provisions in the Act were commenced in two phases.
The first set of provisions came into force on 30th June 2011. These provisions relate to sections of the Act that are technical and where regulatory authorities have the operational systems in place to ensure full implementation as soon as the relevant sections are commenced.
Phase One Commencement Order
The second set of provisions came into force on 1 December 2011. The provisions in Phase 2 relate to those sections of the Act that are closely linked to the Act information dissemination and education programme; those that introduce new operation practice for the regulatory authorities that will be required to implement the provisions; and, provisions that will require Regulations to be in force to allow full implementation.
Phase Two Commencement Order
Historic Scotland in conjunction with Scottish Government Planning colleagues have also taken this opportunity to commence (on 1 December) the following sections of the Planning etc (Scotland) Act 2006 (2006 Act) that amend the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. These sections are as follows:
This section changes the limit of the duration of listed building consent from 5 years to 3 years. By virtue of section 66 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, the duration of conservation area consent will also be amended.
- Section 56 and the Schedule
This section together with section 21 of the 2011 Act removes the automatic right to be heard in connection with listed building and conservation areas appeals and applications called in for determination by Scottish Ministers under the 1997 Act . This enables Scottish Ministers to determine the most suitable means of determining each appeal, through written submissions, a hearing or an inquiry or any combination of these. The period for making such an appeal will be reduced from 6 months to 3 months.
Further information is available on Scottish Governments website
Act Education and Awareness Raising Programme
Historic Scotland has been rolling out a programme of information dissemination and awareness raising in conjunction with key stakeholders to help facilitate the implementation of the Act.
As part of this process Historic Scotland has issued `information post-cards’ to the owners/ occupiers of all scheduled monuments informing them of the changes introduced by the Act. The re-notification postcard can be viewed below:
Re-notification postcard [pdf, 353kb]
Further information on all the changes can also be found in Historic Scotland’s education booklet implementation of the Act. Further information on all the changes can be found in Historic Scotland’s education booklet ‘Managing and Protecting our Historic Environment: What is changing?
Guidance notes on the Act
Scheduled monument consent / enforcement notices
Certificate that building not intended to be listed
Listed building Enforcement – Stop Notices, Temporary Stop Notices and Fixed Penalty Notices [pdf, 52KB]
Q&A [pdf, 27KB]
Scottish Historic Environment Policy
The Scottish Historic Environment Policy (SHEP), which sets out Scottish Ministers’ strategic policy for the historic environment, will also be updated to take account of the changes to the legislation and published on the Historic Scotland website in December.