Subordinate Legislation Committee
Meeting date: Tuesday, June 8, 2010
Official Report
254KB pdf
Historic Environment (Amendment) (Scotland) Bill: Stage 1
We are taking our first look at the Historic Environment (Amendment) (Scotland) Bill at stage 1. There are a number of delegated powers provisions in the bill, but there is only one power about which our legal advisers have suggested that we might wish to question the Scottish Government. It is proposed that we consider the Government’s response to points raised today at our meeting on 22 June, when we will also consider our stage 1 report.
Are members content to proceed in that way?
Members indicated agreement.
Paragraph 19 of the delegated powers memorandum explains briefly that the delegated powers in section 15, “Scheduled monument consent: regulations as respects applications, etc”,
“will bring the scheduled monument consent application and granting process into line with the model used in the listed building and planning legislation”.
Does the committee agree to ask, in relation to section 15(2), what those similar model provisions are in relation to the manner, form and content of planning permission and listed building consent, as opposed to applications for such permission or consent; why the power requires to be taken; and why it is desirable to be consistent between those provisions and provisions for scheduled monument consent?
Does the committee also agree to ask why the power in section 15(3) is proposed as a discretion to make regulations, rather than a requirement, given that paragraph 2 of schedule 1 to the Ancient Monuments and Archaeological Areas Act 1979 gives ministers the power to refuse to entertain an application for scheduled monument consent, unless it is accompanied by the certificates as specified in that paragraph?
Are members content with that approach?
Members indicated agreement.