C1 Part I Ancient Monuments
F1Interdicts
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.
9OInterdicts restraining unauthorised works on scheduled monuments
1
Whether or not F2Historic Environment Scotland has exercised or proposes to exercise any of its other powers under this Act, F3it may seek to restrain or prevent any actual or apprehended breach of any of the controls provided by or under this Act on the execution of works affecting scheduled monuments by means of an application for interdict.
F41A
Whether or not the Scottish Ministers have exercised or propose to exercise any of their powers under this Act, they may seek to restrain or prevent any actual or apprehended breach of any of the controls provided by or under this Act on the execution of works affecting scheduled monuments by means of an application for interdict.
2
On an application under F5subsection (1) or (1A) the court may grant such interdict as it thinks appropriate for the purpose of restraining or preventing the breach.
3
In this section “the court” means the Court of Session or the sheriff.
Pt. I (ss. 1-32) extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para.10(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)