The Historic Environment (Amendment) (Scotland) Act 2011 (Saving, Transitional and Consequential Provisions) Order 2011

Amendment of the Transport and Works (Scotland) Act 2007 (Consents under Enactments) Regulations 2007

8.—(1) Subject to paragraph (4), the Transport and Works (Scotland) Act 2007 (Consents under Enactments) Regulations 2007(1) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2 (interpretation)—

(a) omit the definition of “the 1979 Act”; and

(b) in the definition of “scheduled monument consent” for “the 1979 Act” substitute “the Ancient Monuments and Archaeological Areas Act 1979”.

(3) In regulation 6 (modification of procedures for scheduled monuments consent) for paragraphs (2) and (3) substitute—

“(2) Where this regulation applies, the Ancient Monuments and Archaeological Areas (Applications for Scheduled Monument Consent) (Scotland) Regulations 2011(2) have effect with the following modifications—

(a) in regulation 2 (application for scheduled monument consent), after paragraph (3) insert—

“(4) The application must also be accompanied by a statement that the application is made for the purpose of proposals included in the concurrent application and the statement must give (if known) the date and the reference number of the concurrent application.

(5) In this regulation “concurrent application” means an application made under section 4 (applications) of the Transport and Works (Scotland) Act 2007 relating to proposals for the purpose of which the granting of scheduled monument consent is required in respect of the monument.”; and

(b) in regulation 3 (certificates and notices)—

(i) after paragraph (2)(a) insert—

“(aa) that—

(i) a notice of concurrent application has been given in accordance with rules made under section 4 (applications) of the Transport and Works (Scotland) Act 2007 to all of the persons (other than the applicant) who were, at the beginning of the period of 28 days ending with the concurrent application, the owners of the monument; and

(ii) every such notice contains a statement that an application for scheduled monument consent has been, or is to be, made in respect of the monument;”;

(ii) in paragraph (2)(c)(i) for “sub-paragraph (a) or (b)” substitute “sub‑paragraph (a), (aa) or (b)”; and

(iii) in paragraph (4)—

(aa) after the definition of “agricultural tenant” insert—

““concurrent application” has the same meaning as in regulation 2(5);” and

(bb) for the definition of “owner of a monument” substitute—

““owner of a monument” in relation to any scheduled monument means any person who, in respect of any part of the monument, is under the Lands Clauses Acts enabled to sell and convey the land to promoters of an undertaking and includes a lessee under a lease the unexpired period of which exceeds three years;”.”.

(4) The Transport and Works (Scotland) Act 2007 (Consents under Enactments) Regulations 2007 continue to have effect as they had effect immediately before 1st December 2011 in relation to an application for scheduled monument consent made before that date.

(1)

S.S.I. 2007/569.

(2)

S.S.I. 2011/375.