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                  Preservation of Ancient Monuments & Listed Buildings

                  The preservation of ancient monuments has been primarily the responsibility of central government since 1882 when the Ancient Monuments Protection Act 1882 identified 21 ancient structures in Scotland (and others in England and Wales) which were to be protected. This allowed for similar monuments to be added to the original schedule, hence the term ‘scheduled monument’. The Commissioners of Works (later Minister of Works) could become guardians of ancient monuments or could acquire ownership of them through purchase, gift or bequest. The Treasury was to appoint inspectors of ancient monuments and fines were established for damage to monuments.[1] These functions were transferred to the Secretary of State for Scotland in 1969.[2] As a devolved matter this then transferred to Scottish Ministers in 1999. Inspectors of ancient monuments were part of the Scottish Development Department until Historic Scotland was set up as an agency in 1991 and then merged into Historic Environment Scotland from 2015.[3]

                  From 1914 the Ancient Monuments Board for Scotland was appointed to advise the Commissioners of Works and their successors.[4] It was abolished in 2003 and replaced by the Historic Environment Advisory Council for Scotland, which was abolished in 2010.[5] The right of public access to ancient monuments was established in 1900.[6]

                  From 1900 local authorities were enabled to become guardians of ancient monuments and to purchase monuments for their preservation.[7] Local authority involvement in preserving monuments was further identified in the housing and town planning acts where sites preserved for ancient monuments were not to be used for housing of the working classes and housing schemes were to preserve as far as possible any ‘erections of architectural, historic or artistic interest’.[8] From 1931 local authorities were empowered to set up preservation schemes to protect monuments.[9] From 1932, local authorities were given powers to issue building preservation orders and enabled to use compulsory purchase in order to protect ancient monuments or objects of archaeological interest, subject to the approval of central government.[10] Legislation on ancient monuments was consolidated in 1979, continuing the practice of scheduling, protecting ancient monuments from works which might cause damage, compensation in various circumstances, guardianship by both central and local government and public access rights.[11]

                  Listed buildings were first instituted in 1945 when the Secretary of State for Scotland was empowered to compile a list of buildings of special architectural or historic interest and required to inform both the owner and the local authority of the intention to list a building.[12] Local authorities were also given powers to prohibit the demolition of buildings of special architectural or historic interest. These provisions were continued and strengthened in the Town & Country Planning (Scotland) Act 1947.[13] In 1953 the Secretary of State for Scotland was enabled to make grants to local authorities and the National Trust for Scotland for expenses in acquiring buildings or ancient monuments for preservation under the 1947 Act.[14] Local authorities were empowered to make grants to contribute towards the costs of repairing or maintaining buildings of architectural or historic interest in 1962.[15] In 1969 new provisions were established to enable local authorities or the Secretary of State for Scotland to grant ‘listed building consent’, i.e. consent to demolish, alter or extend a listed building.[16] Local authorities could also issue a building preservation notice to protect a building for six months while a decision could be taken on whether to list the building or not.

                  From 1953 the Historic Buildings Council for Scotland was set up to advise the Minister of Works and the Secretary of State for Scotland on listed buildings.[17] Along with the Ancient Monuments Board for Scotland, this was abolished in 2003 and replaced by the Historic Environment Advisory Council for Scotland, which was subsequently abolished in 2010.[18]

                  Legislation on listed buildings was revised and consolidated in 1997.[19] This updated the planning system on such matters as building preservation notices, applications for alterations and demolition of listed buildings, compensation in various circumstances, listed building purchases, listed building enforcement notices, and compulsory purchase of listed buildings in need of repair.

                  Compiler: Elspeth Reid (2021)

                  Related Knowledge Base entries

                  Planning & Development Control

                  Bibliography

                  Magnusson, Magnus (ed.) Echoes in Stone. 100 years of ancient monuments in Scotland (Scottish Development Department, Ancient Monuments Division, 1983)

                  Whyte, W. E., Local Government in Scotland (Hodge & Co, 1936)

                   

                  References

                  [1] Ancient Monuments Protection Act 1882 (45 & 46 Vict. c.73).

                  [2] Transfer of Functions (Scotland) Order (SI 1969/383).

                  [3] Historic Environment Scotland Act 2014 (asp 19).

                  [4] Ancient Monuments Consolidation and Amendment Act 1913 (3 & 4 Geo. V c.32).

                  [5] Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp. 4); Public Services Reform (Scotland) Act 2010 (asp 8).

                  [6] Ancient Monuments Protection Act 1900 (63 & 64 Vict. c.34.)

                  [7] Ancient Monuments Protection Act 1900 (63 & 64 Vict. c.34).

                  [8] Housing, Town Planning etc (Scotland) Act 1909 (9 Edw. VII c.44) s.45; Housing, Town Planning &c Act 1919 (9 & 10 Geo. V c.35) s.1(3).

                  [9] Ancient Monuments Act 1931 (21 & 22 Geo. VI c.16).

                  [10] Town & Country Planning Act 1932 (22 & 23 Geo. V c.48) s.1, s.17.

                  [11] Ancient Monuments and Archaeological Areas Act 1979 (c.46).

                  [12] Town & Country Planning (Scotland) Act 1945 (8 & 9 Geo. VI c.33) s.41.

                  [13] Town & Country Planning (Scotland) Act 1947 (10 & 11 Geo. VI c.53) s.27, s.28, s.38.

                  [14] Historic Buildings and Ancient Monuments Act 1953 (c.49) s.6.

                  [15] Local Authorities (Historic Buildings) Act 1962 (c.36).

                  [16] Town & Country Planning (Scotland) Act 1969 (c.30).

                  [17] Historic Buildings and Ancient Monuments Act 1953 (c.49) s.2.

                  [18] Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp.4); Public Services Reform (Scotland) Act 2010 (asp 8).

                  [19] Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9).