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Historic Environment Scotland Act: Secondary Legislation Consultation Paper

Historic Environment Scotland Act: Secondary Legislation Consultation Paper

Friday, December 19, 2014

ISBN: 9781785440168

This papers is seeking views on whether or not the Regulations take the best approach within the framework set by the Historic Environment Scotland Act, to achieve the stated aims of streamlining and transparency. We are also seeking any thoughts you may have on the impact of the changes, including any concerns and would welcome views on how the Regulations will be brought into operation, for example in the form of supporting guidance.

Executive Summary

The Historic Environment Scotland Act gained Royal Assent on 9th December 2014. The Act establishes Historic Environment Scotland (HES) as a new Non Departmental Public Body (NDPB) which will take over the functions of Historic Scotland and RCAHMS. In addition to changes to legislation reflecting HES’ role and legal status, the Act changes processes for the designation of sites and buildings (by scheduling and listing) and for scheduled monuments, listed buildings and conservation areas consent creates new rights of appeal against certain HES decisions. HES will be a statutory consultee in relation to listed building and conservation area consents and also in relation to EIA. Planning authorities will need to put in place their own arrangements for consulting HES: Historic Scotland will be happy to advise/discuss in the run-up to the changeover

The objective of this consultation is to listen to you views on the draft Regulations which follow on from the Act and set out the detail of these processes. This consultation is important, as the specifics of how these processes work will have a direct impact on a wide range of people including owners of Scheduled monuments and listed buildings and heritage professionals.