1. Appeal in relation to scheduled monument consent
(1) The Scottish Ministers may by regulations make provision in connection with appeals under section 1C, including provision about—
(a) 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) Schedule 1A (which makes provision about the determination of certain appeals by a person other than the Scottish Ministers) applies to appeals under section 1C. ” . Commencement Information I138 Sch. 2 para. 32 in force at 27.2.2015 for specified purposes by S.S.I. 2015/31 , art. 2 , Sch. I139 Sch. 2 para. 32 in force at 1.10.2015 in so far as not already in force by S.S.I. 2015/196 , art. 2 , Sch. (with transitional provisions and savings in S.S.I. 2015/239 , arts. 2-19) 33 S After section 4A (inserted by paragraph 8) insert—
(1) This section applies where Historic Environment Scotland makes a decision—
(a) refusing an application for scheduled monument consent,
(b) granting such an application subject to conditions,
(c) refusing an application for variation or discharge of conditions to which a scheduled monument consent is subject,
(d) granting such an application subject to conditions,
(e) refusing an application for subsequent approval required by a condition to which a scheduled monument consent is subject.
(2) A person who made the application mentioned in subsection (1) may appeal the decision to the Scottish Ministers.
(3) A person may also appeal to the Scottish Ministers where Historic Environment Scotland has not given notice of its decision on an application mentioned in subsection (1)(a), (c) or (e) within the prescribed period or such other longer period as may be agreed between the applicant and Historic Environment Scotland.
(4) An appeal under this section may include the ground that—
(a) the monument should not be included in the Schedule,
(b) the entry in the Schedule relating to the monument should be amended.
