Ancient Monuments and Archaeological Areas Act 1979

[F1 9K Temporary stop notices S

(1) Where it appears to [F2 the Scottish Ministers] [F2 Historic Environment Scotland] that—

(a) any works have been, or are being, executed to a scheduled monument or to land in, on or under which there is a scheduled monument,

(b) the works are such as to involve a contravention of section 2(1) or (6), and

(c) it is expedient that the works are (or any part of the works is) stopped immediately,

[F3 they may, if they consider] [F3 it may, if it considers] it expedient to do so having regard to the effect of the works on the character of the monument as one of national importance, issue a temporary stop notice.

(2) The notice must be given in writing and must—

(a) specify the works in question,

(b) prohibit execution of the works (or so much of the works as is specified in the notice), and

(c) set out [F4 the Scottish Ministers'] [F4 Historic Environment Scotland's] reasons for issuing the notice.

(3) A temporary stop notice may be served on any of the following—

(a) a person who appears to [F5 the Scottish Ministers] [F5 Historic Environment Scotland] to be executing, or causing to be executed, the works,

(b) a person who appears to [F5 the Scottish Ministers] [F5 Historic Environment Scotland] to have an interest in the scheduled monument or the land in, on or under which the monument is situated (whether as owner or occupier or otherwise).

(4) [F6 The Scottish Ministers] [F6 Historic Environment Scotland] must display on the land in, on or under which the monument is situated or on the monument (except where doing so might damage it)—

(a) a copy of the notice, and

(b) a statement as to the effect of section 9M.

(5) A temporary stop notice has effect from the time a copy of it is first displayed in pursuance of subsection (4).

(6) A temporary stop notice ceases to have effect at the end of the period of 28 days starting on the day the copy notice is so displayed.

(7) But if a shorter period starting on that day is specified in the notice, the notice instead ceases to have effect at the end of that shorter period.

(8) And if the notice is withdrawn by [F7 the Scottish Ministers] [F7 Historic Environment Scotland] before that period of 28 days (or, as the case may be, that shorter period) expires, the notice ceases to have effect on being so withdrawn.]

Textual Amendments

F1 Ss. 9A-9O and cross-heading inserted (S.) (30.6.2011 for specified purposes, 1.12.2011 in so far as not already in force) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 6(1), 33(2); S.S.I. 2011/174, art. 2, Sch.; S.S.I. 2011/372, art. 2, Sch. (with savings in S.S.I. 2015/239, arts. 1(1), 8)

F2 Words in s. 9K(1) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 28(a)(i) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch. (with savings in S.S.I. 2015/239, arts. 1(1), 9)

F3 Words in s. 9K(1) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 28(a)(ii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch. (with savings in S.S.I. 2015/239, arts. 1(1), 9)

F4 Words in s. 9K(2)(c) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 28(b) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch. (with savings in S.S.I. 2015/239, arts. 1(1), 9)

F5 Words in s. 9K(3) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 28(c) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch. (with savings in S.S.I. 2015/239, arts. 1(1), 9)

F6 Words in s. 9K(4) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 28(d) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch. (with savings in S.S.I. 2015/239, arts. 1(1), 9)

F7 Words in s. 9K(8) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 28(e) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch. (with savings in S.S.I. 2015/239, arts. 1(1), 9)