- Enforced by
- HES
- Status
- In Force
- Penalty ceiling
- Prosecution 1 of 10 obligations carry a fine up to £1,000. 9 have no criminal penalty — flagged in the list below.
Does it bind you?
Business-side roles with duties under this instrument.
Any Person1
Plus 9 duties on the regulator, Crown ministers and public bodies — folded into the section list below.
Other Acts binding the same actors
If a role above is yours, these are the other instruments that most often bind it.
Any Person — also bound by 2340 other Acts
Human Medicines Regulations 2012
184 duties
Merchant Shipping Act 1995
144 duties
Insolvency (England and Wales) Rules 2016
104 duties
Communications Act 2003
92 duties
Road Traffic Act 1988
92 duties
What it requires
Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.
Part 1
HISTORIC ENVIRONMENT SCOTLAND
2 of 14 sections shown
s.005
Power of entry to investigate the historic environment (opens in a new tab)
Prosecution
- Obstruct authorised Historic Environment Scotland entryAny Person
Fine up to £1,000
s.012
Advice, information and assistance (opens in a new tab)
Regulated
Other duties (1) — Crown / regulator
- Historic Environment Scotland must advise Scottish Ministers on requestStatutory regulator
12 other sections in this Part — procedural and definitional
Part 2
FUNCTIONS IN RELATION TO SCHEDULED MONUMENTS
0 of 1 section shown1 other section in this Part — procedural and definitional
Part 3
FUNCTIONS IN RELATION TO LISTING AND CONSERVATION
0 of 1 section shown1 other section in this Part — procedural and definitional
Part 4
FUNCTIONS IN RELATION TO THE MARINE ENVIRONMENT
0 of 1 section shown1 other section in this Part — procedural and definitional
Part 5
DISSOLUTION OF RCAHMS AND TRANSFER OF STAFF
0 of 2 sections shown2 other sections in this Part — procedural and definitional
Part 6
FURTHER MODIFICATIONS IN RELATION TO THE HISTORIC ENVIRONMENT
0 of 5 sections shown5 other sections in this Part — procedural and definitional
Part 7
FINAL PROVISIONS
0 of 8 sections shown8 other sections in this Part — procedural and definitional
Schedules
Schedules
8 of 111 shown
s.sch001
(1) Historic Environment Scotland must— (a) keep proper accounts and...
Regulated
Other duties (1) — Crown / regulator
- Historic Environment Scotland must keep proper accounts and report annuallyCrown / Minister / Government department
s.sch001
(1) As soon as practicable after the end of each...
Regulated
Other duties (1) — Crown / regulator
- HES must publish annual report and audited accountsStatutory regulator
s.sch002
In Part 2 of schedule 1 (modification and revocation of...
Regulated
Other duties (1) — Crown / regulator
- HES must serve notice before modifying/revoking scheduled monument consentStatutory regulator
s.sch002
In section 1 (Schedule of monuments)— (a) in subsection (1)—...
Regulated
Other duties (1) — Crown / regulator
- HES must notify prescribed persons when changing Schedule entriesStatutory regulator
s.sch002
After section 9F (effect of scheduled monument consent on scheduled...
Regulated
Other duties (1) — Crown / regulator
- Consult Historic Environment Scotland before serving scheduled monument enforcement noticeCrown / Minister / Government department
s.sch002
After that section insert— Power of the Scottish Ministers to...
Regulated
Other duties (1) — Crown / regulator
- Scottish Ministers must consult HES before serving a stop noticeCrown / Minister / Government department
s.sch003
In paragraph 2 of schedule 1 (buildings formerly subject to...
Regulated
Other duties (1) — Crown / regulator
- Historic Environment Scotland and Scottish Ministers must notify each other when removing building protectionsStatutory regulator
s.sch005
(1) The Scottish Ministers may make a property transfer scheme....
Regulated
Other duties (1) — Crown / regulator
- Royal Commission must provide information to Scottish MinistersCrown / Minister / Government department
103 other schedules
s.sch001
(1) Historic Environment Scotland is not a servant or agent...
s.sch001
(1) Historic Environment Scotland may authorise any of the following...
s.sch001
The validity of proceedings or actions of Historic Environment Scotland...
s.sch001
(1) Historic Environment Scotland may do anything which appears to...
s.sch001
(1) Historic Environment Scotland is to consist of no fewer...
s.sch001
The following persons may not be appointed as (and may...
s.sch001
(1) The Scottish Ministers may, by written notice, revoke the...
s.sch001
Historic Environment Scotland must pay each member such remuneration, allowances...
s.sch001
(1) Historic Environment Scotland is to employ a person as...
s.sch001
(1) Historic Environment Scotland may, with the approval of the...
s.sch001
(1) Historic Environment Scotland may establish committees for any purpose...
s.sch001
(1) Historic Environment Scotland may determine its own procedures and...
s.sch002
The 1979 Act is amended as follows.
s.sch002
In section 6 (powers of entry for inspection of scheduled...
s.sch002
In section 7 (compensation for refusal of scheduled monument consent)—...
s.sch002
In section 8 (recovery of compensation under section 7 on...
s.sch002
In section 9(1) (compensation where works cease to be authorised)...
s.sch002
(1) Part 1 of schedule 1 (applications for scheduled monument...
s.sch002
The 1979 Act is further amended as follows.
s.sch002
In section 9A (power to issue scheduled monument enforcement notice)—...
s.sch002
In section 9B (scheduled monument enforcement notices: further provision)—
s.sch002
In section 9C (appeal against scheduled monument enforcement notice)—
s.sch002
After that section insert— Determination of appeals under section 9C...
s.sch002
In section 9D (execution of works required by scheduled monument...
s.sch002
The 1979 Act is further amended as follows.
s.sch002
In section 9G (stop notices)— (a) in subsection (1) for...
s.sch002
In section 9H (stop notices: supplementary provisions)—
s.sch002
In section 9I (compensation for loss due to stop notice)—...
s.sch002
In section 9K (temporary stop notices)— (a) in subsection (1)—...
s.sch002
In section 9L(1) (temporary stop notices: restrictions) for “the Scottish...
s.sch002
After section 1A (Commission's functions as to informing and publishing)...
s.sch002
In section 9N (temporary stop notices: compensation)—
s.sch002
The 1979 Act is further amended as follows.
s.sch002
After section 1B (publication of the Schedule) (inserted by paragraph...
s.sch002
After section 4A (inserted by paragraph 8) insert— Appeal in...
s.sch002
After schedule 1 insert— SCHEDULE 1A DETERMINATION OF CERTAIN APPEALS...
s.sch002
After section 3A (inserted by paragraph 6) insert— Referral of...
s.sch002
Part 1A of the 1979 Act is amended as follows....
s.sch002
In section 32A (inventory of gardens and designed landscapes)—
s.sch002
In section 32B(1) (inventory of battlefields)— (a) for “The Scottish...
s.sch002
The 1979 Act is further amended as follows.
s.sch002
The 1979 Act is further amended as follows.
s.sch002
In section 9O (interdicts restraining unauthorised works on scheduled monuments)—...
s.sch002
In section 17 (agreements concerning ancient monuments etc.)—
s.sch002
In section 25 (advice and superintendence)— (a) in subsection (1)...
s.sch002
In section 26 (power of entry on land believed to...
s.sch002
In section 31 (voluntary contributions towards expenditure under Part 1...
s.sch002
In section 42 (restrictions on use of metal detectors)—
s.sch002
In section 43(2) (power of entry for survey and valuation)...
s.sch002
In section 46(1) (compensation for damage caused by exercise of...
s.sch002
In section 50 (application of Act to Crown land) after...
s.sch002
In section 54(2) (treatment and preservation of finds) after “State”...
s.sch002
In section 2 (control of works affecting scheduled monuments)—
s.sch002
In section 55 (proceedings for questioning validity of certain orders)—...
s.sch002
In section 57(1) (power to require information as to interests...
s.sch002
In section 61(9) (meaning of site of monument) after “State”...
s.sch002
After section 3 (grant of scheduled monument consent by order...
s.sch002
In section 4 (duration, modification and revocation of scheduled monument...
s.sch002
After that section insert— Modification and revocation of scheduled monument...
s.sch002
In section 5(1) (execution of works for preservation of a...
s.sch003
The 1997 Act is amended as follows.
s.sch003
In section 22(2) (procedure for orders revoking or modifying listed...
s.sch003
In section 23(1)(b) (procedure for orders revoking or modifying listed...
s.sch003
The 1997 Act is further amended as follows.
s.sch003
In section 61(2) (designation of conservation areas)—
s.sch003
In section 62 (designation of conservation areas: supplementary provisions)—
s.sch003
Paragraph 3 of schedule 1 is repealed.
s.sch003
The 1997 Act is further amended as follows.
s.sch003
After section 5A (certificate that building not intended to be...
s.sch003
In section 19(3) (appeals: supplementary provisions) for “the Secretary of...
s.sch003
In section 1 (listing of buildings of special architectural or...
s.sch003
In section 20(1) (determination of appeals) for paragraph (b) substitute—...
s.sch003
In section 37(4) (determination of appeals under section 35) for...
s.sch003
In section 57(2) (validity of certain orders and decisions) before...
s.sch003
In schedule 3 (determination of certain appeals by person appointed...
s.sch003
The 1997 Act is further amended as follows.
s.sch003
In section 26(1) (compensation for loss or damage caused by...
s.sch003
In section 73 (application of 1997 Act to land and...
s.sch003
In section 76 (rights of entry)— (a) in subsection (1)...
s.sch003
In schedule 2 (lapse of building preservation notice) in paragraph...
s.sch003
After section 1 insert— Publication of lists and notification of...
s.sch003
Section 2 (publication of lists) is repealed.
s.sch003
In section 3 (temporary listing: building preservation notices)—
s.sch003
In section 5A (certificate that building not intended to be...
s.sch003
The 1997 Act is further amended as follows.
s.sch003
In section 7 (authorisation of works: listed building consent)—
s.sch003
In section 9 (making of applications for listed building consent)—...
s.sch004
The Marine (Scotland) Act 2010 (asp 5) is amended as...
s.sch004
After section 80 (advice etc. by Scottish Natural Heritage) insert—...
s.sch004
In section 82 (duties of public authorities in relation to...
s.sch004
In section 83 (duties of public authorities in relation to...
s.sch004
In section 84 (failure to comply with duties) after subsection...
s.sch005
(1) The Scottish Ministers may make a staff transfer scheme....
s.sch005
(1) This paragraph applies in relation to a staff transfer...
s.sch005
(1) This paragraph applies where— (a) a person is to...
s.sch005
(1) This paragraph applies in relation to a property transfer...
s.sch005
A staff transfer scheme under paragraph 1 or a property...
s.sch006
In the Ethical Standards in Public Life etc. (Scotland) Act...
s.sch006
In the Scottish Public Services Ombudsman Act 2002 (asp 11),...
s.sch006
In the Freedom of Information (Scotland) Act 2002 (asp 13),...
s.sch006
In the Public Appointments and Public Bodies etc. (Scotland) Act...
s.sch006
In the Public Services Reform (Scotland) Act 2010 (asp 8)—...
s.sch006
In the Public Records (Scotland) Act 2011 (asp 12), in...
Help complying
Guvnor’s practical routes through this instrument.
Development affecting protected species in Scotland
Learning path for developers whose projects may affect protected species in Scotland. Covers the legal framework, ecology surveys, NatureScot species licensing, offences …
Responding to a heritage enforcement notice in Scotland
What to do if you receive a heritage enforcement notice in Scotland. Covers listed building enforcement notices, scheduled monument enforcement, response deadlines, …
Scottish heritage compliance quick check
Rapid compliance check for works affecting scheduled monuments, listed buildings, and conservation areas in Scotland. Covers Historic Environment Scotland consents, local authority …
Construction near a heritage site in Scotland
Learning path for construction businesses working near protected heritage assets in Scotland. Covers scheduled monuments, listed buildings, conservation areas, archaeological assessments, and …
Apply for listed building consent in Scotland
How to apply for listed building consent (LBC) in Scotland. Covers when consent is required, the three categories of listing, the application …
Apply for scheduled monument consent in Scotland
How to apply for scheduled monument consent (SMC) in Scotland. Covers when consent is needed, what class consents allow without individual application, …
HES Managing Change guidance for construction
Overview of the HES Managing Change in the Historic Environment guidance note series and the Historic Environment Policy for Scotland (HEPS). Explains …
Understanding heritage protection in Scotland
An overview of Scotland's heritage protection framework, covering the role of Historic Environment Scotland, the main designation types (scheduled monuments, listed buildings, …
3 more guides that reference this instrument
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.