SCHEDULES

Section 1(5).

SCHEDULE 1S Buildings formerly subject to building preservation orders

1SSubject to paragraph 2, every building which immediately before 3rd August 1970 was subject to a building preservation order under section 27 of the M1Town and Country Planning (Scotland) Act 1947 but was not then included in a list compiled or approved under section 28 of that Act shall be deemed to be a listed building.

Marginal Citations

2(1)[F1The Secretary of State may at any time direct, in the case of any building, that paragraph 1 shall no longer apply to it.]S

[F1Historic Environment Scotland may at any time direct that paragraph 1 no longer applies to a particular building.

(1A)The Scottish Ministers may direct that paragraph 1 no longer applies to a particular building if the building is referred to in a notice of appeal under section 5B, 18 or 35 relating to the building (whether or not they are requested to do so).]

(2)The planning authority in whose district the building in respect of which [F2such a direction] [F2a direction under sub-paragraph (1) or (1A)] is given is situated, on being notified of the direction, shall give notice of it to the owner, lessee and occupier of the building.

[F3(2A)Where a direction is given under sub-paragraph (1) or (1A), Historic Environment Scotland or (as the case may be) the Scottish Ministers must notify the other.]

(3)Before giving [F4such a direction] [F4a direction under sub-paragraph (1) or (1A)] in relation to a building, [F5the Secretary of State] [F5Historic Environment Scotland or (as the case may be) the Scottish Ministers] shall consult the planning authority and the owner, lessee and occupier of the building.

Textual Amendments

F1Sch. 1 para. 2(1)(1A) substituted for Sch. 1 para. 2(1) (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. 3 para. 15(a) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F2Words in Sch. 1 para. 2(2) 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. 3 para. 15(b) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F3Sch. 1 para. 2(2A) inserted (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. 3 para. 15(c) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F4Words in Sch. 1 para. 2(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. 3 para. 15(d)(i) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F5Words in Sch. 1 para. 2(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. 3 para. 15(d)(ii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

3S[F6In the case of a building to which paragraph 1 applies—

(a)a notice of appeal under section 18 may include a claim that the Secretary of State should give a direction under paragraph 2 with respect to the building and on such an appeal the Secretary of State may give such a direction; and

(b)such a direction may also be given on an appeal under section 35.]

Textual Amendments