Ancient Monuments and Archaeological Areas Act 1979
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Change 1
As published
4D Procedure for appeals under section 4B
(1) The Scottish Ministers may by regulations make provision in connection with appeals under section 4B, including provision about—
(a) subject to section 4B(4), the grounds on which an appeal may be made,
(b) the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal.
(2) Regulations under subsection (1) may also make provision about the procedure to be followed, including—
(a) the form, manner and time for making an appeal,
(b) the notification of an appeal,
(c) the manner in which an appeal is to be conducted.
(3) Regulations made by virtue of subsection (2)(c) may also include provision that the manner in which an appeal, or any stage of an appeal, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard) is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act).
(4) Regulations under subsection (1) may also provide that an appeal in respect of an application—
(a) for scheduled monument consent, or
(b) for the variation or discharge of conditions to which such a consent is subject,
need not be entertained unless it is accompanied by a certificate in the prescribed form as to the interests in the monument to which the appeal relates.
(5) Sub-paragraphs (2) to (4) of paragraph 2 of schedule 1 apply to regulations imposing a requirement by virtue of subsection (4) as they apply to the requirement imposed by sub-paragraph (1) of that paragraph.
(6) Schedule 1A (which makes provision about the determination of certain appeals by a person other than the Scottish Ministers) applies to appeals under section 4B.
Your change, as a redline
4D Procedure for appeals under section 4B
(1) The Scottish Ministers may by regulations make provision in connection with appeals under section 4B, including provision about—
(a) subject to section 4B(4), the grounds on which an appeal may be made,
(b) the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal.
(2) Regulations under subsection (1) may also make provision about the procedure to be followed, including—
(a) the form, manner and time for making an appeal,
(b) the notification of an appeal,
(c) the manner in which an appeal is to be conducted.
(3) Regulations made by virtue of subsection (2)(c) may also include provision that the manner in which an appeal, or any stage of an appeal, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard) is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act).
(4) Regulations under subsection (1) may also provide that an appeal in respect of an application—
(a) for scheduled monument consent, or
(b) for the variation or discharge of conditions to which such a consent is subject,
need not be entertained unless it is accompanied by a certificate in the prescribed form as to the interests in the monument to which the appeal relates.
(5) Sub-paragraphs (2) to (4) of paragraph 2 of schedule 1 apply to regulations imposing a requirement by virtue of subsection (4) as they apply to the requirement imposed by sub-paragraph (1) of that paragraph.
(6) Schedule 1A (which makes provision about the determination of certain appeals by a person other than the Scottish Ministers) applies to appeals under section 4B.
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