Ancient Monuments and Archaeological Areas Act 1979
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Change 1
As published
4C Determination of appeals under section 4B
(1) The Scottish Ministers may—
(a) dismiss an appeal under section 4B,
(b) allow such an appeal (in whole or in part).
(2) In determining an appeal under section 4B, the Scottish Ministers may deal with the application to which the appeal relates as if it had been made to them in the first instance.
(3) Where the Scottish Ministers allow an appeal, they may vary a part of the decision appealed against whether or not the appeal relates to that part of the decision.
(4) Subsection (5) applies where—
(a) the grounds of appeal include the ground—
(i) that the monument should not be included in the Schedule, or
(ii) that the entry in the Schedule relating to the monument should be amended, and
(b) the Scottish Ministers uphold that ground.
(5) The Scottish Ministers may direct Historic Environment Scotland to exercise its power under section 1(5) to modify the Schedule to give effect to that decision.
(6) Except as provided for by section 55, the decision of the Scottish Ministers on an appeal under section 4B is final.
Your change, as a redline
4C Determination of appeals under section 4B
(1) The Scottish Ministers may—
(a) dismiss an appeal under section 4B,
(b) allow such an appeal (in whole or in part).
(2) In determining an appeal under section 4B, the Scottish Ministers may deal with the application to which the appeal relates as if it had been made to them in the first instance.
(3) Where the Scottish Ministers allow an appeal, they may vary a part of the decision appealed against whether or not the appeal relates to that part of the decision.
(4) Subsection (5) applies where—
(a) the grounds of appeal include the ground—
(i) that the monument should not be included in the Schedule, or
(ii) that the entry in the Schedule relating to the monument should be amended, and
(b) the Scottish Ministers uphold that ground.
(5) The Scottish Ministers may direct Historic Environment Scotland to exercise its power under section 1(5) to modify the Schedule to give effect to that decision.
(6) Except as provided for by section 55, the decision of the Scottish Ministers on an appeal under section 4B is final.
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