The Historic Environment Scotland Act 2014 establishes the functions to be undertaken by Historic Environment Scotland. This includes activity covered by secondary legislation or regulation that deals with designation and change management for the historic environment.
A list of the full suite of regulations that applies and the processes that are to be followed are set out in Historic Environment Circular 1: Historic Environment Circular 1. The activity associated with carrying out these functions is delegated to the Heritage Directorate and the delegated decision making levels for the activity is set out below.
Our performance is monitored annually via a planning performance statement that is approved by the HES Board for submission to Scottish Government. You can see our latest statement here: Historic Environment Scotland’s Role in Planning
Designations
The designations team has delegated authority to deal with all cases submitted to us. In exceptional cases advice may be sought from the Director of Heritage.
All statutory decisions are taken either by the Head of Designations or one of the three Deputy Heads of Designations. We consult with owners, occupiers and tenants as well as local authorities on potential new designations. In exceptional cases a decision may be taken by the Director of Heritage.
Non-statutory minor changes to records, such as text updates or adding photographs, can be taken by Designation or Senior Designation Officers.
| Designation Type | Decision | Decision Approval |
| Listed buildings | New Listing | Head of Designations |
| Delisting where structure survives | Head of Designations | |
| Change to or from Category A listing | Head of Designations | |
| Change to statutory information | Deputy Head of Designations | |
| Delisting where structure no longer exists | Deputy Head of Designations | |
| Change to or from Category B and/or C | Deputy Head of Designations | |
| Decision not to list a proposed site or place | Deputy Head of Designations | |
| Certificate of Intention not to List | Head of Designations | |
| Scheduled monuments | New designation, removal of existing designation where the structure survives | Head of Designations |
| Change to statutory information | Deputy Head of Designations | |
| Change to extent of a scheduled monument | Deputy Head of Designations | |
| Decision not to schedule a proposed site or place | Deputy Head of Designations | |
Inventory of gardens and designed landscapes |
New designation or removal of existing designation | Head of Designations |
| Changing the extent of an existing designation | Deputy Head of Designations | |
| Major change to information in the record | Deputy Head of Designations | |
| Decision not to add a proposed site or place to the inventory | Deputy Head of Designations | |
Inventory of historic battlefields |
New designation or removal of existing designation | Head of Designations |
| Changing the extent of an existing designation | Deputy Head of Designations | |
| Major change to information in the record | Deputy Head of Designations | |
| Decision not to add a proposed site or place to the inventory | Deputy Head of Designations | |
Historic marine protected areas |
Advice to Scottish Government on new designation or removal or change to an existing designation | Head of Designations |
| Decision not to recommend a new designation, or removal of/change to an existing designation | Deputy Head of Designations |
Casework
The casework team has delegated authority to deal with all casework reaching us. In exceptional cases advice may be sought from the Director of Heritage. Staff are employed within bands C-F. Band C staff do not have delegated decision-making.
All casework output where we are making comments is signed off at Deputy Head level or above. This protects quality control and maintains consistency.
Cases which are innovative, high profile, controversial or otherwise challenging are discussed internally before a final view is taken.
| Case Type | Decision | Decision Approval | Letter Quality Control |
| Scheduled Monument Consent decisions | Grant | Deputy Head (E) | Deputy Head (E) |
| Refuse | Head of Casework (F) | Deputy Head (E) | |
| Notify Ministers | Head of Casework (F) | Deputy Head (E) | |
| Scheduled Monument Enforcement action/decisions | Informal Resolution | Deputy Head (E) | Deputy Head (E) |
| Formal Notice (Enforcement, Stop or Temporary Stop) | Head of Casework (F) | Deputy Head (E) | |
| Prosecution | Director (G) | Head of Casework (F) | |
| Planning/EIA applications - including GDLs, battlefields consultation responses | Objections | Head of Casework (F) | Deputy Head (E) |
| No objection with comments | Deputy Head (E) | Deputy Head (E) | |
| No objection with no comments | Senior Casework Officer (D) | Senior Casework Officer (D) | |
| LBC/CAC consultation responses | Objections | Head of Casework (F) | Deputy Head (E) |
| No objection with comments | Deputy Head (E) | Deputy Head (E) | |
| No objection with no comments | Senior Casework Officer (D) | Senior Casework Officer (D) | |
| Strategic/Local Development Plans consultation responses | Unresolved formal representation | Head of Casework (F) | Deputy Head (E) |
| No formal representation with comments | Deputy Head (E) | Deputy Head (E) | |
| No formal representation with no comments | Senior Casework Officer (D) | Senior Casework Officer (D) | |
Strategic Environmental Assessment |
Challenge pre-screening determination | Deputy Head (E) | Deputy Head (E) |
| Challenge screening view (out to in) | Deputy Head (E) | Senior Casework Officer (D) | |
| Challenge adequacy/compliance | Deputy Head (E) | Senior Casework Officer (D) | |
Appeals processes |
SMC - formal statements etc. | Head of Casework (F) | Deputy Head (E) |
| Additional comments | Deputy Head (E) | Deputy Head (E) | |
| No change from original position/no comments | Deputy Head (E) | Senior Casework Officer (D) | |
| General Advice | General advice on grants, management etc. | Senior Casework Officer (D) | Senior Casework Officer (D) |
| Press Enquiries | Response to enquiry | Head of Casework (F) | Deputy Head (E) |
| Chief Executive and Director correspondence delegated to casework | Response to enquiry | Head of Casework (F) | Deputy Head (E) |