Entry in Schedule of Monuments - Example Deeds

General

A certified copy of an entry in the Schedule of Monuments of national importance, compiled and maintained by Scottish Ministers, is a registrable deed by virtue of section 1(10)(a) of the Ancient Monuments and Archaeological Areas Act 1979, read with section 29 of 1979 Act. Historic Scotland currently manage the Schedule of Monuments for Scottish Ministers.

Registration officers should note that it is a certified copy which is received for registration. The original will be signed by an officer on behalf of Scottish Ministers and also witnessed, but this original is then copied, certified by an officer of the Scottish Ministers and the certified copy submitted for registration. The authentication of the original should comply with the requirements of the Requirements of Writing (Scotland) Act 1995. However, if the original does not so comply with the requirements of said 1995 Act, the certified copy will be acceptable for registration if that does so comply. If neither is so authenticated, the application for registration should be rejected.

During the COVID pandemic, Historic Environment Scotland changed the way in which deeds relating to ancient monuments are authorised. This has implications for the form the deeds now take and, correspondingly, how they should be processed.

As mentioned above, these deeds were previously authorised by wet signature and a certified copy of the paper document was then submitted for registration, Now, however, the deed is authorised electronically (which does not comprise a probative signature), which means that in order to be registrable, the electronic document needs to be printed off and signed/witnessed. The end result is a document that looks like the examples shown here.

A consequence of this change is that when the document is printed out to allow a certified copy to be signed/witnessed, the signing block can sometimes appear on a separate page from the remainder of the deed i.e. the signing page does not ‘run on’ from the previous page (see example deeds). For these deeds only, please do not reject for this reason.

Registration of the certified copy entry in the Schedule of Monuments proceeds by way of an entry in the title sheet of the plot of land affected by the entry in the Schedule. The condition of registration in terms of section 26(1)(d) may apply to such an application for registration. Where it is clear from the narrative of the certified copy entry that the area of land being scheduled is less than the extent of the plot in the title sheet, it must be possible to reference the part of the plot affected on the cadastral map. If it is not possible to do so then this would breach that condition of registration and the application for registration would require to be rejected. Typically, a plan would be used to show the location of the monument and any surrounding area which was part of the scheduling.

There is no statutory style for the entry; the example below is a typical entry.

Useful links

Ancient Monuments

Ancient Monuments - further examples

Example entry in Schedule of Monuments

The Ancient Monuments and Archaeological Areas Act 1979

Entry in the Schedule of Monuments

The monument known as West Puldrite, two mounds 280m NNW of West Pultride Farm, Rendall, comprises the remains of two barrows dating from the Bronze Age (between about 2000 and 800 BC). The barrows are visible as two low-lying, sub-circular, turf-covered earthen mounds. The N mound measures 12m and survives to a height of 0.4m; the remains of a cist visible towards the NW side of the mound comprise a top stone slab and four side slabs. The smaller S mound measures 7.5m diameter, 0.7m high. The monument occupies sloping ground at the neck of a promontory overlooking the Bay of Isbister 800m to the SW, and the Bay of Puldrite, 600m to the E, at an altitude of around 40in above OD. The scheduled area is irregular on plan to include the remains described above and an area around them, within which evidence relating to the monument's construction, use and abandonment is expected to survive. The scheduling specifically excludes the above-ground elements of the post-and-wire fence to allow for its maintenance. The monument, which lies in the Parish of Evie and Rendall and the County of Orkney and Zetland as shown in red on the Plan annexed and executed as relative hereto and which forms part of the subjects registered in the Land Register of Scotland under Title No OAZ9562 (the present owner whereof being Breck Farm Limited, Queenamuckle, Rendall, Orkney KW17 2EZ), is hereby included in the Schedule of Monuments appearing to the Scottish Ministers to be of national importance compiled and maintained by them under section 1(1) of the Ancient Monuments and Archaeological Areas Act 1979.

This entry supersedes the Entry in the Schedule of Monuments for the .monument known then as Two mounds, West Puldrite as referred to in the Certificate of Service of Notice by the Commissioners of His Majesty's Works and Public Buildings in respect of the monument dated 21 February 1936 and recorded in the General Register of Sasines for the County of Orkney and Zetland on 9 April 1936.

Subscribed by Kriti Malhotra, Head of Scheduling, being an officer of the Scottish Ministers at Edinburgh on the fifth day of December Two thousand and fifteen, before this witness Mohammed MacKay, of Longmore House, Salisbury Place, Edinburgh.

K Malhotra

Mohammed MacKay (Witness)

A certified true copy

A. M'Wada

Resulting burdens section entry

Entry in the Schedule of Monuments, registered 19 December 2015, by the Scottish Ministers whereby the monument known as West Puldrite, two mounds 280m NN of West Pultride Farm, Rendall, shown (tinted/edged/ arrowed and lettered - insert description of referencing) on the cadastral map and forming part of the subjects in this title is included in the Schedule of Monuments appearing to the Scottish Ministers to be of national importance compiled by them under section 1(1) of the Ancient Monuments and Archaeological Areas Act 1979.