Sch 5A para 3
(1) A scheme may not include any place which sub-paragraph (4) applies to at the time the scheme is made. (2) A scheme may not be altered so as to include a place that is, at the time the alteration is made, a place to which sub-paragraph (4) applies. (3) For the avoidance of doubt, if— (a) a place is included in an area to which a scheme relates, and (b) that place subsequently becomes a place to which sub-paragraph (4) applies, the place is not, as a result, excluded from the area to which the scheme relates. (4) This sub-paragraph applies to— (a) any place that is or forms part of— (i) a European site as defined in regulation 10(1) of the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), (ii) a marine protected area, (iii) a National Scenic Area (see section 263A), (iv) a Ramsar site as defined in section 37A of the Wildlife and Countryside Act 1981, (v) a site of special scientific interest as defined in section 58 of the Nature Conservation (Scotland) Act 2004, (vi) a site included in the World Heritage List (“a world heritage site”) or an area identified in the World Heritage List as a buffer zone for a world heritage site, or (b) any place in respect of which either of the following has effect— (i) a nature conservation order made under Part 2 of the Nature Conservation (Scotland) Act 2004, (ii) a land management order made under that Part of that Act. (5) In sub-paragraph (4)— “ marine protected area ” means an area designated by an order under section 67 of the Marine (Scotland) Act 2010 as— a nature conservation area, a demonstration and research marine protected area, or a historic marine protected area, “ World Heritage List ” means the list kept in accordance with article 11(2) of the Convention concerning the Protection of the World Cultural and Natural Heritage adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organisation at Paris on 16 November 1972. (6) The Scottish Ministers may by regulations modify sub-paragraphs (4) and (5).