Schedule 4 – Functions of Historic Environment Scotland in Relation to the Marine Environment
160.Schedule 4 to the Act makes provision conferring functions on Historic Environment Scotland in relation to the marine environment by amending the 2010 Act. However, Historic Environment Scotland is not given the power to designate historic Marine Protected Areas: this power remains solely with the Scottish Ministers.
161.Paragraph 2 inserts section 80A into the 2010 Act. This sets out the circumstances in which Historic Environment Scotland may give advice and guidance as regards Historic Marine Protected Areas (MPA) designated under that Act. Amendments are also made to section 82 to 84 of the 2010 Act to require a public authority to notify Historic Environment Scotland where the exercise of any of the authority’s functions or the making of determinations is capable of affecting a marine historic asset in a Historic MPA.