Historic Environment Scotland Act 2014

The Historic Environment Scotland Act 2014 establishes Historic Environment Scotland and makes minor amendments to the law relating to the historic environment.

Historic Environment Scotland has the general function of investigating, caring for and promoting Scotland’s historic environment. In exercising its general function, Historic Environment Scotland has the following particular functions—

(a) identifying and recording the historic environment,

(b) understanding and interpreting the historic environment,

(c) learning about, and educating others about, the historic environment,

(d) protecting and managing the historic environment,

(e) conserving and enhancing the historic environment.

In the explanatory notes to the Bill it was stated that it could carry out its functions by engaging with the development planning process to ensure that the historic environment is considered in strategic development proposals. Its work in designating scheduled monuments, listed buildings, gardens and designed landscapes and battlefields will provide the foundation for protection of these important assets.

The Act also gives Ministers the power to set out in regulations or directions the circumstances in which a planning authority which is minded to grant listed building consent is required to notify the Scottish Ministers.

Power (currently held by Scottish Ministers) is also conferred on Historic Environment Scotland to grant listed building consent. It also makes provision in relation to the procedure in respect of applications for consent to require planning authorities to consult Historic Environment Scotland (and such other persons as set out in either directions or regulations) before granting or refusing an application for consent.

Sections 25-27 and 29-32 came into immediate effect upon Royal Assent

Date: 09/12/2014 Received royal assent

Author: Scottish Government

DCP link: This item updates DCP section 4.37

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