2011 No. 372 (C. 35)
Ancient Monuments
Town And Country Planning
The Historic Environment (Amendment) (Scotland) Act 2011 (Commencement No. 2) Order 2011
Made 27th October 2011
Laid before the Scottish Parliament 31st October 2011
Coming into force 1st December 2011

The Scottish Ministers make the following Order in exercise of the powers conferred by section 33(2) and (3) of the Historic Environment (Amendment) (Scotland) Act 2011.
2011 asp 3.

1 Citation and commencement
This Order may be cited as the Historic Environment (Amendment) (Scotland) Act 2011 (Commencement No. 2) Order 2011 and comes into force on 1st December 2011.

2 Appointed day
The day appointed for the coming into force of the provisions (to the extent not already in force) of the Historic Environment (Amendment) (Scotland) Act 2011 specified in column 1 of the Schedule (the subject matter of which is described in column 2 of the Schedule) is 1st December 2011.
FIONA HYSLOP A member of the Scottish Executive St Andrew’s House, Edinburgh 27th October 2011
SCHEDULE
Column 1 Provisions of the Act	Column 2 Subject Matter
Section 2	Control of works affecting scheduled monuments
	
Section 3	Offences under sections 2, 28 and 42: modification of defences
	
Section 4	Fines: increases and duty of court in determining amount
	
Section 6	Works affecting scheduled monuments: enforcement
	
Section 10	Power of entry on land where monument at risk
	
Section 14	Meaning of “monument” in the 1979 Act
	
Section 15	Scheduled monument consent: applications, etc.
	
Section 16	Refusal to entertain certain applications for scheduled monument consent
	
Section 17	Application for scheduled monument consent: inquiries and hearings
	
Section 18	Certificate that building not intended to be listed
	
Section 19	Offences in relation to unauthorised works and listed building consent: increase in fines
	
Section 20	Declining to determine an application for listed building consent
	
Section 21	Hearings in connection with applications for listed building consent and appeals
	
Section 22	Enforcement notice: requirements to cease works
	
Section 23	Stop notices and temporary stop notices
	
Section 24	Non-compliance with listed building enforcement notice: fixed penalty notice
	
Section 25	Urgent works to preserve unoccupied listed buildings
	
Section 26	Liability of owner and successors for expenses of urgent works
	
Section 28	Provisions that do not bind the Crown
	
Article 2

EXPLANATORY NOTE
(This note is not part of the Order)
The Order brings into force on 1st December 2011 for all purposes sections 2, 3, 4, 6, 10, 14 to 26 and 28 of the Historic Environment (Amendment) (Scotland) Act 2011.

NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
The following provisions of the Act have been brought into force by a commencement order made before the date of this Order.
Provision	Date of Commencement	Instrument No.
Sections 1, 5, 7, 8, 9, 11, 12, 13, 27, 29(1) and 30 (for all purposes) and sections 6, 15, 20, 23, 24 and 26 (only for the purpose of enabling regulations to be made)	30th June 2011	S.S.I. 2011/174