Managing and Protecting our Historic ... - Historic Scotland

The Historic Environment (Amendment) (Scotland) Act Explained | 33
Act Sect. Theme Content What’s changing What it will do
The Ancient
Monuments and
Archaeological
Areas Act 1979
9 Working with
partners
Financial support in
relation to scheduled
monuments/Grants
and Loans
10 Urgent threats Power of entry where
monument at risk
11 Other -
simplification
12 Working with
partners
Inventories of
gardens, designed
landscapes and
battlefields
Development and
understanding of
matters of historic,
etc. interest: grants
and loans
13 Harmonising Regulations and
orders
14 Other -
protection
Meaning of
‘monument’
Amends Scottish
Ministers’ grant
powers under section
24 of the 1979 Act.
Clarify and modifies
powers of entry
Statutory duty
to compile and
maintain an inventory
of gardens and
designed landscapes
and of battlefields
New power of
financial assistance,
improving the scope
and grant powers
available to Scottish
Ministers
New power: detailed
provisions for SMC in
secondary legislation
rather than through a
Schedule
Improved provisions
to protect
archaeological
remains
Will introduce explicit
powers to enable
Scottish Ministers
to offer ancient
monument grants
to a third party to
undertake works
of preservation,
maintenance and
management
on a scheduled
monument
Power to excavate
without the need
for consent from
the owner in certain
circumstances
Will allow Scottish
Ministers to update
inventories as
required without
having to amend
the the Development
Management
Regulations (DMR)
each time the
inventories are
revised. Battlefields
are afforded a similar
level of protection
to gardens and
designed landscapes
in the planning
system.
Payment of a grant or
loan to organisations
or individuals involved
in promoting the
development or
understanding of the
historic environment
Harmonising
provision in line with
listed building and
planning legislation
Extend the range of
historic environment
assets that can be
protected through
scheduling