1. Control of works affecting scheduled monuments S
(1) Section 4A of the 1953 Act (recovery of grants under section 4) is amended in accordance with this section.
(2) In subsection (3), at the beginning, insert “ Subject to subsection (3A) below, ” .
(3) After subsection (3) insert— “ (3A) Where a condition referred to in subsection (3) above specifies, or makes provision for calculating, the amount recoverable in the event of a condition being contravened or not complied with, that amount is the amount recoverable under subsection (3) in respect of the contravention or failure to comply with the condition. ” .
(4) In subsection (4), at the beginning, insert “ Subject to subsection (4A) below, ” .
(5) After subsection (4) insert— “ (4A) Where a condition referred to in subsection (3) above specifies, or makes provision for calculating, the amount recoverable in the event of a disposal by the grantee of the relevant interest, that amount is the amount recoverable under subsection (4) above in respect of the disposal. ” . Commencement Information I1 S. 1 in force at 30.6.2011 by S.S.I. 2011/174 , art. 2 , Sch. Part 2 S Modifications of the Ancient Monuments and Archaeological Areas Act 1979
Section 2
2. Defences S
In section 2 of the 1979 Act (control of works affecting scheduled monuments)—
(a) in paragraph (a) of subsection (3), the word “written” is repealed,
(b) after that subsection insert— “ (3A) If—
(a) works to which this section applies have been executed without being authorised under this Part; and
(b) the Scottish Ministers grant consent for the retention of the works, the works are authorised under this Part of this Act from the grant of the consent.
(3B) References in this Act to scheduled monument consent include consent under subsection (3A) above. ” . Commencement Information I2 S. 2 in force at 1.12.2011 by S.S.I. 2011/372 , art. 2 , Sch.
