Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

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[F1(1)Historic Environment Scotland may at any time direct that paragraph 1 no longer applies to a particular building.S

(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 [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 [F4a direction under sub-paragraph (1) or (1A)] in relation to a building, [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.

F63S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Sch. 1 para. 3 repealed (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. 16 (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.