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The Secretary of State shall compile and maintain for the purposes of this Act (in such form as he thinks fit) a schedule of monuments (referred to below in this Act as “the Schedule”).
The Secretary of State shall on first compiling the Schedule include therein—
any monument included in the list last published before the commencement of this Act under section 12 of the Ancient Monuments Consolidation and Amendment Act 1913; and
any monument in respect of which the Secretary of State has before the commencement of this Act served notice on any person in accordance with section 6(1) of the Ancient Monuments Act 1931 of his intention to include it in a list to be published under section 12.
Subject to subsections (3A) and (4) below, the Secretary of State may on first compiling the Schedule or at any time thereafter include therein any monument which appears to him to be of national importance. The Secretary of State shall consult the Historic Buildings and Monuments Commission for England (in this Act referred to as “the Commission”) before he includes in the Schedule a monument situated in England.
The power of the Secretary of State under subsection (3) above to include any monument in the Schedule does not apply to any structure which is occupied as a dwelling house by any person other than a person employed as the caretaker thereof or his family.
The power of the Secretary of State under subsection (3) above to include any monument in the Schedule does not apply to a monument situated in Wales (and in this subsection “Wales has the meaning given by section 158(1) of the Government of Wales Act 2006).
The Secretary of State may— In the case of a monument situated in England, the Secretary of State shall consult with the Commission before he makes an exclusion or amendment.
exclude any monument from the Schedule; or
amend the entry in the Schedule relating to any monument (whether by excluding anything previously included as part of the monument or adding anything not previously so included, or otherwise).
As soon as may be after— the Secretary of State shall (subject to subsection (6A) below) inform the owner and (if the owner is not the occupier) the occupier of the monument, and any local authority in whose area the monument is situated, of the action taken and, in a case falling within paragraph (a) or (b) above, shall also send to him or them a copy of the entry or (as the case may be) of the amended entry in the Schedule relating to that monument.
including any monument in the Schedule under subsection (3) above;
including any monument in the Schedule under subsection (3) above;
amending the entry in the Schedule relating to any monument; or
amending the entry in the Schedule relating to any monument; or
excluding any monument from the Schedule ;
excluding any monument from the Schedule;
Subject to subsection (7A) below The Secretary of State shall from time to time publish a list of all the monuments which are for the time being included in the Schedule, whether as a single list or in sections containing the monuments situated in particular areas; but in the case of a list published in sections, all sections of the list need not be published simultaneously.
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The Secretary of State may from time to time publish amendments of any list published under subsection (7) above, and any such list (as amended) shall be evidence of the inclusion in the Schedule for the time being—
of the monuments listed; and
of any matters purporting to be reproduced in the list from the entries in the Schedule relating to the monuments listed.
An entry in the Schedule recording the inclusion therein of a monument situated in England ... shall be a local land charge.
As soon as may be after— the Secretary of State shall inform the Commission of the action taken and, in a case falling within paragraph (a) or (b), shall also send to the Commission a copy of the entry or (as the case may be) of the amended entry in the Schedule relating to that monument.
including any monument in England in the Schedule under subsection (3) above;
amending the entry in the Schedule relating to any such monument; or
excluding the entry in the Schedule relating to any such monument;
It shall be competent to record in the Register of Sasines—
a certified copy of the entry or (as the case may be) the amended entry in the Schedule relating to any monument in Scotland which is heritable; and
where any such monument is excluded from the Schedule and a certified copy of the entry in the Schedule relating to it has previously been so recorded under paragraph (a) above, a certificate issued by or on behalf of the Secretary of State stating that it has been so excluded.
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In this Act “scheduled monument” means any monument which is for the time being included in the Schedule.
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Subsection (7) above shall not apply as regards monuments situated in England, but the Secretary of State shall from time to time supply the Commission with a list of all the monuments which are so situated and are for the time being included in the Schedule, whether as a single list or in sections containing the monuments situated in particular areas; but in the case of a list supplied in sections, all sections of the list need not be supplied simultaneously.
The Secretary of State shall from time to time supply the Commission with amendments of any list supplied under subsection (7A) above.
If any person executes or causes or permits to be executed any works to which this section applies he shall be guilty of an offence unless the works are authorised under this Part of this Act or by development consent.
This section applies to any of the following works, that is to say—
any works resulting in the demolition or destruction of or any damage to a scheduled monument;
any works for the purpose of removing or repairing a scheduled monument or any part of it or of making any alterations or additions thereto; and
any flooding or tipping operations on land in, on or under which there is a scheduled monument.
Without prejudice to any other authority to execute works conferred under this Part of this Act, works to which this section applies are authorised under this Part of this Act if—
the Secretary of State has granted written consent (referred to below in this Act as “scheduled monument consent”) for the execution of the works; and
the works are executed in accordance with the terms of the consent and of any conditions attached to the consent.
Scheduled monument consent may be granted either unconditionally or subject to conditions (whether with respect to the manner in which or the persons by whom the works or any of the works are to be executed or otherwise).
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Without prejudice to the generality of subsection (4) above, a condition attached to a scheduled monument consent may require that— be afforded an opportunity, before any works to which the consent relates are begun, to examine the monument and its site and carry out such excavations therein as appear to the Secretary of State to be desirable for the purpose of archaeological investigation.
a person authorised by the Commission ...
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Without prejudice to subsection (1) above, if a person executing or causing or permitting to be executed any works to which a scheduled monument consent relates fails to comply with any condition attached to the consent he shall be guilty of an offence, unless he proves that he took all reasonable precautions and exercised all due diligence to avoid contravening the condition.
In any proceedings for an offence under this section in relation to works within subsection (2)(a) above it shall be a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid or prevent damage to the monument.
In any proceedings for an offence under this section in relation to works within subsection (2)(a) or (c) above ... it shall be a defence for the accused to prove that he did not know and had no reason to believe that the monument was within the area affected by the works or (as the case may be) that it was a scheduled monument.
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In any proceedings for an offence under this section it shall be a defence to prove that the works were urgently necessary in the interests of safety or health and that notice in writing of the need for the works was given to the Secretary of State as soon as reasonably practicable.
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A person guilty of an offence under this section shall be liable—
on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding the statutory maximum; or
on conviction on indictment to a fine.
Part I of Schedule 1 to this Act shall have effect with respect to applications for, and the effect of, scheduled monument consent.
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Historic Environment Scotland shall compile and maintain for the purposes of this Act (in such form as it thinks fit) a schedule of monuments (referred to below in this Act as “the Schedule”).
The Secretary of State shall on first compiling the Schedule include therein—
any monument included in the list last published before the commencement of this Act under section 12 of the Ancient Monuments Consolidation and Amendment Act 1913; and
any monument in respect of which the Secretary of State has before the commencement of this Act served notice on any person in accordance with section 6(1) of the Ancient Monuments Act 1931 of his intention to include it in a list to be published under section 12.
Subject to subsection (4) below, Historic Environment Scotland may on first compiling the Schedule or at any time thereafter include therein any monument which appears to it to be of national importance.
The power of Historic Environment Scotland under subsection (3) above to include any monument in the Schedule does not apply to any structure which is occupied as a dwelling house by any person other than a person employed as the caretaker thereof or his family.
Historic Environment Scotland may—
exclude any monument from the Schedule; or
amend the entry in the Schedule relating to any monument (whether by excluding anything previously included as part of the monument or adding anything not previously so included, or otherwise).
Where Historic Environment Scotland— it must notify such persons as may be prescribed in such form and manner, and within such time, as may be prescribed of the action taken.
includes a monument in the Schedule under subsection (3),
amends the entry in the Schedule relating to a monument, or
excludes a monument from the Schedule,
Subsection (6) above shall not apply as regards a monument situated in England but, as soon as may be after acting as mentioned in paragraph (a), (b) or (c) of that subsection as regards such a monument, the Secretary of State shall inform the Commision of the action taken and, in a case falling within paragraph (a) or (b) of that subsection, shall also send to the Commission a copy of the entry or (as the case may be) of the amended entry in the Schedule relating to that monument.
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An entry in the Schedule recording the inclusion therein of a monument situated in England and Wales shall be a local land charge.
It shall be competent to record in the Register of Sasines—
a certified copy of the entry or (as the case may be) the amended entry in the Schedule relating to any monument in Scotland which is heritable; and
where any such monument is excluded from the Schedule and a certified copy of the entry in the Schedule relating to it has previously been so recorded under paragraph (a) above, a certificate issued by or on behalf of Historic Environment Scotland stating that it has been so excluded.
In this Act “scheduled monument” means any monument which is for the time being included in the Schedule.
The Secretary of State may by order grant scheduled monument consent for the execution of works of any class or description specified in the order, and any such consent may apply to scheduled monuments of any class or description so specified.
Any conditions attached by virtue of section 2 of this Act to a scheduled monument consent granted by an order under this section shall apply in such class or description of cases as may be specified in the order.
The Secretary of State may direct that scheduled monument consent granted by an order under this section, shall not apply to any scheduled monument specified in the direction, and may withdraw any direction given under this subsection.
A direction under subsection (3) above shall not take effect until notice of it has been served on the occupier or (if there is no occupier) on the owner of the monument in question.
References below in this Act to a scheduled monument consent do not include references to a scheduled monument consent granted by an order under this section, unless the contrary intention is expressed.
As soon as may be after the Commission— the Commission shall inform the owner and (if the owner is not the occupier) the occupier of the monument, and any local authority in whose area the monument is situated, of the inclusion, amendment or exclusion and, in a case falling within section 1(6)( a ) or ( b ), shall also send to him or them a copy of the entry or (as the case may be) of the amended entry in the Schedule relating to that monument.
have been informed as mentioned in section 1(6A) of this Act, and
in a case falling within section 1(6)( a ) or ( b ) of this Act, have received a copy of the entry or (as the case may be) of the amended entry from the Secretary of State,
As soon as may be after the Commission receive a list or a section in pursuance of section 1(7A) of this Act, they shall publish the list or section (as the case may be).
The Commission shall from time to time publish amendments of any list published under subsection (2) above, and any such list (as amended) shall be evidence of the inclusion in the Schedule for the time being—
of the monuments listed; and
of any matters purporting to be reproduced in the list from the entries in the Schedule relating to monuments listed.
Subject to subsection (2) below, if no works to which a scheduled monument consent relates are executed or started within the period of five years beginning with the date on which the consent was granted, or such longer or shorter period as may be specified for the purposes of this subsection in the consent, the consent shall cease to have effect at the end of that period (unless previously revoked in accordance with the following provisions of this section).
Subsection (1) above does not apply to a scheduled monument consent which provides that it shall cease to have effect at the end of a period specified therein.
If it appears to the Secretary of State to be expedient to do so, he may by a direction given under this section modify or revoke a scheduled monument consent to any extent he considers expedient. ... The Secretary of State shall consult with the Commission before he gives such a direction.
Without prejudice to the generality of the power conferred by subsection (3) above to modify a scheduled monument consent, it extends to specifying a period, or altering any period specified, for the purposes of subsection (1) above, and to including a provision to the effect mentioned in subsection (2) above, or altering any period specified for the purposes of any such provision.
Part II of Schedule 1 to this Act shall have effect with respect to directions under this section modifying or revoking a scheduled monument consent.
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If it appears to the Secretary of State that any works are urgently necessary for the preservation of a scheduled monument he may enter the site of the monument and execute those works, after giving the owner and (if the owner is not the occupier) the occupier of the monument not less than seven days’ notice in writing of his intention to do so.
Where the Secretary of State executes works under this section for repairing any damage to a scheduled monument—
any compensation order previously made in respect of that damage under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code (compensation orders against convicted persons) in favour of any other person shall be enforceable (so far as not already complied with) as if it had been made in favour of the Secretary of State; and
any such order subsequently made in respect of that damage shall be made in favour of the Secretary of State.
If it appears to the Secretary of State that any works are urgently necessary for the preservation of a scheduled monument situated in England, he may (instead of acting as mentioned in subsection (1) above) authorise the Commission to enter the site of the monument and execute the works as are specified in the authorisation.
In that case, the Commission may enter the site and execute the works after giving the owner and (if the owner is not the occupier) the occupier of the monument not less than seven day’s notice in writing of their intention to do so.
Where the Secretary of State gives an authorisation under subsection (3) above, subsection (2) above shall have effect with the substitution of “Commission” for “Secretary of State” (in each place) and of “execute” for “executes”.
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Any person duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of inspecting any scheduled monument in, on or under the land with a view to ascertaining its condition and—
whether any works affecting the monument are being carried out in contravention of section 2(1) of this Act; or
whether it has been or is likely to be damaged (by any such works or otherwise).
Any person duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of inspecting any scheduled monument in, on or under the land in connection with—
any application for scheduled monument consent for works affecting that monument; or
any proposal by the Secretary of State to modify or revoke a scheduled monument consent for any such works.
Any person duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of— so as to ensure that the works in question are or have been executed in accordance with the terms of the consent and of any conditions attached to the consent.
observing the execution on the land of any works to which a scheduled monument consent relates; and
inspecting the condition of the land and the scheduled monument in question after the completion of any such works;
Any person duly authorised in writing by the Secretary of State may at any reasonable time enter any land on which any works to which a scheduled monument consent relates are being carried out for the purpose of—
inspecting the land (including any buildings or other structures on the land) with a view to recording any matters of archaeological or historical interest; and
observing the execution of those works with a view to examining and recording any objects or other material of archaeological or historical interest, and recording any matters of archaeological or historical interest, discovered during the course of those works.
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References in this section to scheduled monument consent include references to consent granted by order under section 3 of this Act.
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Subject to the following provisions of this section, where a person who has an interest in the whole or any part of a monument incurs expenditure or otherwise sustains any loss or damage in consequence of the refusal, or the granting subject to conditions, of a scheduled monument consent in relation to any works of a description mentioned in subsection (2) below, ... the Commission shall pay to that person compensation in respect of that expenditure, loss or damage. References in this section and in section 8 of this Act to compensation being paid in respect of any works are references to compensation being paid in respect of any expenditure incurred or other loss or damage sustained in consequence of the refusal, or the granting subject to conditions, of a scheduled monument consent in relation to those works.
The following are works in respect of which compensation is payable under this section— For the purposes of paragraph (c) above, any use in contravention of any legal restrictions for the time being applying to the use of the monument shall be disregarded.
works which are reasonably necessary for carrying out any development for which planning permission had been granted (otherwise than by a general development order) before the time when the monument in question became a scheduled monument and was still effective at the date of the application for scheduled monument consent;
works which do not constitute development, or constitute development such that planning permission is granted therefor by a general development order; and
works which are reasonably necessary for the continuation of any use of the monument for any purpose for which it was in use immediately before the date of the application for scheduled monument consent.
The compensation payable under this section in respect of any works within subsection (2)(a) above shall be limited to compensation in respect of any expenditure incurred or other loss or damage sustained by virtue of the fact that, in consequence of the Secretary of State’s decision, any development for which the planning permission in question was granted could not be carried out without contravening section 2(1) of this Act.
A person shall not be entitled to compensation under this section by virtue of subsection (2)(b) above if the works in question or any of them would or might result in the total or partial demolition or destruction of the monument, unless those works consist solely of operations involved in or incidental to the use of the site of the monument for the purposes of agriculture or forestry (including afforestation).
In a case where scheduled monument consent is granted subject to conditions, a person shall not be entitled to compensation under this section by virtue of subsection (2)(c) above unless compliance with those conditions would in effect make it impossible to use the monument for the purpose there mentioned.
In calculating, for the purposes of this section, the amount of any loss or damage consisting of depreciation of the value of an interest in land—
it shall be assumed that any subsequent application for scheduled monument consent in relation to works of a like description would be determined in the same way; but
if, in the case of a refusal of scheduled monument consent, the Secretary of State, on refusing that consent, undertook to grant such consent for some other works affecting the monument in the event of an application being made in that behalf, regard shall be had to that undertaking.
References in this section to a general development order are references to a development order made as a general order applicable (subject to such exceptions as may be specified therein) to all land.
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Subject to the following provisions of this section, this section applies—
in a case where compensation under section 7 of this Act was paid in consequence of the refusal of a scheduled monument consent, if the Secretary of State or Historic Environment Scotland subsequently grants scheduled monument consent for the execution of all or any of the works in respect of which the compensation was paid; and
in a case where compensation under that section was paid in consequence of the granting of a scheduled monument consent subject to conditions, if the Secretary of State or Historic Environment Scotland subsequently so modifies that consent that those conditions, or any of them, cease to apply to the execution of all or any of the works in respect of which the compensation was paid or grants a new consent in respect of all or any of those works free from those conditions, or any of them.
This section does not apply in any case unless—
the compensation paid exceeded £20; and
the requirement mentioned in subsection (2A) below is fulfilled
In granting or modifying a scheduled monument consent in a case to which this section applies the Secretary of State or Historic Environment Scotland may do so on terms that no works in respect of which the compensation was paid are to be executed in pursuance of the consent until the recoverable amount has been repaid to the Secretary of State or Historic Environment Scotland or secured to his or its satisfaction or (as the case may be) has been repaid to the Commission or secured to their satisfaction. Subject to subsection (4) below, in this subsection “the recoverable amount” means such amount (being an amount representing the whole of the compensation previously paid or such part thereof as the Secretary of State or Historic Environment Scotland thinks fit) as the Secretary of State or Historic Environment Scotland may specify in giving notice of his or its decision on the application for scheduled monument consent or (as the case may be) in the direction modifying the consent.
The requirement is that—
where the monument in question is situated in England, the Commission have caused notice of the payment of compensation to be deposited with the council of each district or London borough in which the monument is situated or (where it is situated in the City of London, the Inner Temple or the Middle Temple) with the Common Council of the City of London;
where the monument in question is situated in Scotland, the Secretary of State or Historic Environment Scotland has caused such notice to be deposited with the local authority of each area in which the monument is situated;
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Where a person who has an interest in the whole or any part of a monument is aggrieved by the amount specified by the Secretary of State or Historic Environment Scotland as the recoverable amount for the purposes of subsection (3) above, he may require the determination of that amount to be referred to the Upper Tribunal or (in the case of a monument situated in Scotland) to the Lands Tribunal for Scotland; and in any such case the recoverable amount for the purposes of that subsection shall be such amount (being an amount representing the whole or any part of the compensation previously paid) as that Tribunal may determine to be just in the circumstances of the case.
A notice deposited under subsection (2)(b) above shall specify the decision which gave rise to the right to compensation, the monument affected by the decision, and the amount of the compensation.
A notice so deposited in the case of a monument situated in England ... shall be a local land charge; and for the purposes of the Local Land Charges Act 1975 the council with whom any such notice is deposited shall be treated as the originating authority as respects the charge thereby constituted.
A notice so deposited in the case of any monument situated in Scotland which is heritable may be recorded in the Register of Sasines.
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Subject to the following provisions of this section, where any works affecting a scheduled monument which were previously authorised under this Part of this Act cease to be so, then, if any person who has an interest in the whole or any part of the monument— ... the Commission shall pay to that person compensation in respect of that expenditure, loss or damage.
has incurred expenditure in carrying out works which are rendered abortive by the fact that any further works have ceased to be so authorised; or
has otherwise sustained loss or damage which is directly attributable to that fact;
Subsection (1) above only applies where the works cease to be authorised under this Part of this Act—
by virtue of the fact that a scheduled monument consent granted by order under section 3 of this Act ceases to apply to any scheduled monument (whether by virtue of variation or revocation of the order or by virtue of a direction under subsection (3) of that section); or
by virtue of the modification or revocation of a scheduled monument consent by a direction given under section 4 of this Act; or
in accordance with paragraph 8 of Schedule 1 to this Act, by virtue of the service of a notice of proposed modification or revocation of a scheduled monument consent under paragraph 5 of that Schedule.
A person shall not be entitled to compensation under this section in a case falling within subsection (2)(a) above unless, on an application for scheduled monument consent for the works in question, consent is refused, or is granted subject to conditions other than those which previously applied under the order.
For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any works, or upon other similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out those works.
Subject to subsection (4) above, no compensation shall be paid under this section in respect of any works carried out before the grant of the scheduled monument consent in question, or in respect of any other loss or damage (not being loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the grant of that consent.
Historic Environment Scotland must— in such manner as may be prescribed.
publish the Schedule compiled and maintained under section 1, and any amendments of the Schedule, and
make the Schedule available for public inspection,
The Scottish Ministers may by regulations make further provision for—
the publication of the Schedule,
the making of the Schedule available for public inspection,
the notification of the inclusion of a monument in, the amendment of an entry relating to a monument in or the exclusion of a monument from the Schedule.
This section applies where Historic Environment Scotland makes a decision—
to include a monument in the Schedule,
to amend an entry in the Schedule relating to a monument.
A person mentioned in subsection (3) may appeal the decision to the Scottish Ministers.
The person is—
the owner of the monument,
the tenant of the monument,
the occupier of the monument.
The Scottish Ministers may—
dismiss an appeal under section 1C,
allow such an appeal (in whole or in part).
Where the Scottish Ministers allow an appeal, they may vary a part of the decision appealed against whether or not the appeal relates to that part of the decision.
Where the Scottish Ministers allow an appeal, they may direct Historic Environment Scotland to exercise its power under section 1(5) to modify the Schedule to give effect to their decision.
Except as provided for by section 55, the decision of the Scottish Ministers on an appeal under section 1C is final.
The Scottish Ministers may by regulations make provision in connection with appeals under section 1C, including provision about—
the grounds on which an appeal may be made,
the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal.
Regulations under subsection (1) may also make provision about the procedure to be followed, including—
the form, manner and time for making an appeal,
the notification of an appeal,
the manner in which an appeal is to be conducted.
Regulations made by virtue of subsection (2)(c) may also include provision that the manner in which an appeal, or any stage of an appeal, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard) is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act).
Schedule 1A (which makes provision about the determination of certain appeals by a person other than the Scottish Ministers) applies to appeals under section 1C.
If any person executes or causes or permits to be executed any works to which this section applies he shall be guilty of an offence unless the works are authorised under this Part of this Act or by development consent.
This section applies to any of the following works, that is to say—
any works resulting in the demolition or destruction of or any damage to a scheduled monument;
any works for the purpose of removing or repairing a scheduled monument or any part of it or of making any alterations or additions thereto; and
any flooding or tipping operations on land in, on or under which there is a scheduled monument.
Without prejudice to any other authority to execute works conferred under this Part of this Act, works to which this section applies are authorised under this Part of this Act if—
the Secretary of State or Historic Environment Scotland has granted ... consent (referred to below in this Act as “scheduled monument consent”) for the execution of the works; and
the works are executed in accordance with the terms of the consent and of any conditions attached to the consent.
If— the works are authorised under this Part of this Act from the grant of the consent.
works to which this section applies have been executed without being authorised under this Part; and
consent for the retention of the works is granted by the Scottish Ministers or by Historic Environment Scotland,
References in this Act to scheduled monument consent include consent under subsection (3A) above.
Scheduled monument consent may be granted either unconditionally or subject to conditions (whether with respect to the manner in which or the persons by whom the works or any of the works are to be executed or otherwise).
Without prejudice to the generality of subsection (4) above, a condition attached to a scheduled monument consent may require that— be afforded an opportunity, before any works to which the consent relates are begun, to examine the monument and its site and carry out such excavations therein as appear to Historic Environment Scotland to be desirable for the purpose of archaeological investigation.
a person authorised by the Commission (in a case where the monument in question is situated in England), or
Historic Environment Scotland or a person authorised by Historic Environment Scotland (in any other case)
The conditions that may be attached to scheduled monument consent under subsection (4) include a condition reserving specified details of the works (whether or not set out in the application for consent) for subsequent approval by Historic Environment Scotland.
Without prejudice to subsection (1) above, if a person executing or causing or permitting to be executed any works to which a scheduled monument consent relates fails to comply with any condition attached to the consent he shall be guilty of an offence, unless he proves that he took all reasonable precautions and exercised all due diligence to avoid contravening the condition.
In any proceedings for an offence under this section in relation to works within subsection (2)(a) above it shall be a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid or prevent damage to the monument.
In any proceedings for an offence under this section in relation to works within subsection (2)(a) or (c) above it shall be a defence for the accused to show that, before executing, causing the execution of or, as the case may be, permitting the execution of the works— he did not know and had no reason to believe that the monument was within the area affected by the works or (as the case may be) that it was a scheduled monument.
he had taken all reasonable steps to find out whether there was a scheduled monument within the area affected by the works, and
In any proceedings for an offence under this section it shall be a defence to prove that the works were urgently necessary in the interests of safety or health and that notice in writing of the need for the works was given to Historic Environment Scotland as soon as reasonably practicable.
A person guilty of an offence under this section shall be liable—
on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding £50,000; or
on conviction on indictment to a fine.
In determining the amount of any fine to be imposed on a person under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.
Part I of Schedule 1 to this Act shall have effect with respect to applications for, the manner of granting, and the form, content and the effect of, scheduled monument consent.
Any person interested in a scheduled monument in relation to which scheduled monument consent has been granted subject to conditions may apply to Historic Environment Scotland for the variation or discharge of the conditions.
The application must indicate what variation or discharge of conditions is applied for and Part 1 of schedule 1 applies to such an application as it applies to an application for scheduled monument consent.
Historic Environment Scotland or, as the case may be, the Scottish Ministers may, on such an application—
vary or discharge the conditions attached to the consent (whether or not the application relates to the condition varied or discharged),
add new conditions consequential upon the variation or discharge.
The Scottish Ministers may give directions requiring applications for— to be referred to them instead of being dealt with by Historic Environment Scotland.
scheduled monument consent,
variation or discharge of conditions to which scheduled monument consent is subject,
subsequent approval required by a condition to which scheduled monument consent is subject,
A direction under this section may relate either to a particular application or to applications of a class specified in the direction.
A direction under this section may be withdrawn or modified by a subsequent direction.
An application in respect of which a direction under this section has effect is to be referred to the Scottish Ministers accordingly.
In determining an application under this section, the Scottish Ministers may deal with the application as if it had been made to them in the first instance.
Except as provided for by section 55, the decision of the Scottish Ministers on any application referred to them under this section is final.
The reference in subsection (1)(c) to scheduled monument consent includes a reference to consent granted by order under section 3.
The Scottish Ministers may by regulations make provision in connection with referrals under section 3B, including provision about the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the referral.
Regulations under subsection (1) may also make provision about the procedure to be followed, including—
the notification of a referral,
the manner in which a referral is to be conducted.
Regulations made by virtue of subsection (2)(b) may also include provision that the manner in which a referral, or any stage of a referral, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard) is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act).
Subject to subsection (2) below, if no works to which a scheduled monument consent relates are executed or started within the period of five years beginning with the date on which the consent was granted, or such longer or shorter period as may be specified for the purposes of this subsection in the consent, the consent shall cease to have effect at the end of that period (unless previously revoked in accordance with the following provisions of this section).
Subsection (1) above does not apply to a scheduled monument consent which provides that it shall cease to have effect at the end of a period specified therein.
If it appears to Historic Environment Scotland that it is expedient to modify or revoke a scheduled monument consent, it may by order under this section modify or revoke the consent to such extent as it considers expedient.
The power conferred by subsection (3) to modify or revoke a scheduled monument consent in relation to any works may be exercised at any time before those works have been completed, but the modification or revocation does not affect so much of those works as has been previously carried out.
Part II of Schedule 1 to this Act shall have effect with respect to orders under this section modifying or revoking a scheduled monument consent.
If it appears to the Scottish Ministers that it is expedient to modify or revoke a scheduled monument consent, they may by order under this section modify or revoke the consent to such extent as they consider expedient.
The Scottish Ministers may not make an order under this section without consulting Historic Environment Scotland.
Where the Scottish Ministers propose to make such an order, they must serve notice on—
the owner of the scheduled monument affected,
where the owner is not the occupier of the monument, the occupier, and
any other person who in their opinion will be affected by the order.
The notice must specify the period (which must not be less than 28 days after its service) within which any person on whom it is served may require an opportunity of appearing before and being heard by a person appointed by the Scottish Ministers for the purpose.
If within that period a person on whom the notice is served so requires, the Scottish Ministers must, before they make the order, give such an opportunity both to that person and to Historic Environment Scotland.
The power conferred by this section to modify or revoke a scheduled monument consent in relation to any works may be exercised at any time before those works have been completed, but the modification or revocation does not affect so much of those works as has been previously carried out.
An order under this section has effect as if it had been made by Historic Environment Scotland under section 4 and confirmed by the Scottish Ministers under paragraph 10 of Part 2 of schedule 1.
This section applies where Historic Environment Scotland makes a decision—
refusing an application for scheduled monument consent,
granting such an application subject to conditions,
refusing an application for variation or discharge of conditions to which a scheduled monument consent is subject,
granting such an application subject to conditions,
refusing an application for subsequent approval required by a condition to which a scheduled monument consent is subject.
A person who made the application mentioned in subsection (1) may appeal the decision to the Scottish Ministers.
A person may also appeal to the Scottish Ministers where Historic Environment Scotland has not given notice of its decision on an application mentioned in subsection (1)(a), (c) or (e) within the prescribed period or such other longer period as may be agreed between the applicant and Historic Environment Scotland.
An appeal under this section may include the ground that—
the monument should not be included in the Schedule,
the entry in the Schedule relating to the monument should be amended.
The Scottish Ministers may—
dismiss an appeal under section 4B,
allow such an appeal (in whole or in part).
In determining an appeal under section 4B, the Scottish Ministers may deal with the application to which the appeal relates as if it had been made to them in the first instance.
Where the Scottish Ministers allow an appeal, they may vary a part of the decision appealed against whether or not the appeal relates to that part of the decision.
Subsection (5) applies where—
the grounds of appeal include the ground—
that the monument should not be included in the Schedule, or
that the entry in the Schedule relating to the monument should be amended, and
the Scottish Ministers uphold that ground.
The Scottish Ministers may direct Historic Environment Scotland to exercise its power under section 1(5) to modify the Schedule to give effect to that decision.
Except as provided for by section 55, the decision of the Scottish Ministers on an appeal under section 4B is final.
The Scottish Ministers may by regulations make provision in connection with appeals under section 4B, including provision about—
subject to section 4B(4), the grounds on which an appeal may be made,
the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal.
Regulations under subsection (1) may also make provision about the procedure to be followed, including—
the form, manner and time for making an appeal,
the notification of an appeal,
the manner in which an appeal is to be conducted.
Regulations made by virtue of subsection (2)(c) may also include provision that the manner in which an appeal, or any stage of an appeal, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard) is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act).
Regulations under subsection (1) may also provide that an appeal in respect of an application— need not be entertained unless it is accompanied by a certificate in the prescribed form as to the interests in the monument to which the appeal relates.
for scheduled monument consent, or
for the variation or discharge of conditions to which such a consent is subject,
Sub-paragraphs (2) to (4) of paragraph 2 of schedule 1 apply to regulations imposing a requirement by virtue of subsection (4) as they apply to the requirement imposed by sub-paragraph (1) of that paragraph.
Schedule 1A (which makes provision about the determination of certain appeals by a person other than the Scottish Ministers) applies to appeals under section 4B.
If it appears to Historic Environment Scotland that any works are urgently necessary for the preservation of a scheduled monument it may enter the site of the monument and execute those works, after giving the owner and (if the owner is not the occupier) the occupier of the monument not less than seven days’ notice in writing of its intention to do so.
Where the Secretary of State executes works under this section for repairing any damage to a scheduled monument—
any compensation order previously made in respect of that damage under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code (compensation orders against convicted persons) in favour of any other person shall be enforceable (so far as not already complied with) as if it had been made in favour of the Secretary of State; and
any such order subsequently made in respect of that damage shall be made in favour of the Secretary of State.
If it appears to the Secretary of State that any works are urgently necessary for the preservation of a scheduled monument situated in England, he may (instead of acting as mentioned in subsection (1) above) authorise the Commission to enter the site of the monument and execute the works as are specified in the authorisation.
In that case, the Commission may enter the site and execute the works after giving the owner and (if the owner is not the occupier) the occupier of the monument not less than seven day’s notice in writing of their intention to do so.
Where the Secretary of State gives an authorisation under subsection (3) above, subsection (2) above shall have effect with the substitution of “Commission” for “Secretary of State” (in each place) and of “execute” for “executes”.
Any person duly authorised in writing by Historic Environment Scotland may at any reasonable time enter any land for the purpose of inspecting any scheduled monument in, on or under the land with a view to ascertaining its condition ; and such power may, in particular, be exercised with a view to ascertaining—
whether any works affecting the monument are being carried out in contravention of section 2(1) of this Act; or
whether it has been or is likely to be damaged (by any such works or otherwise).
Any person duly authorised in writing by the Secretary of State or Historic Environment Scotland may at any reasonable time enter any land for the purpose of inspecting any scheduled monument in, on or under the land in connection with—
any application for scheduled monument consent for works affecting that monument; or
any proposal by the Secretary of State or Historic Environment Scotland to modify or revoke a scheduled monument consent for any such works.
Any person duly authorised in writing by the Secretary of State or Historic Environment Scotland may at any reasonable time enter any land for the purpose of— so as to ensure that the works in question are or have been executed in accordance with the terms of the consent and of any conditions attached to the consent.
observing the execution on the land of any works to which a scheduled monument consent relates; and
inspecting the condition of the land and the scheduled monument in question after the completion of any such works;
Any person duly authorised in writing by the Scottish Ministers or Historic Environment Scotland may at any reasonable time enter any land—
to ascertain whether a scheduled monument enforcement notice, a stop notice or a temporary stop notice should be served in relation to a scheduled monument in, on or under that or any other land,
for the purposes of displaying—
a site notice,
a notice under section 9G(7) in place of a site notice, or
a copy of a temporary stop notice, and a statement as to the effect of section 9M, under section 9K(4),
to ascertain whether a scheduled monument enforcement notice, a stop notice or a temporary stop notice has been complied with,
to ascertain whether any offence has been, or is being, committed with respect to any scheduled monument in, on or under that or any other land under section 2(1) or (6), 9E, 9J or 9M.
Any person duly authorised in writing by the Secretary of State or Historic Environment Scotland may at any reasonable time enter any land on which any works to which a scheduled monument consent relates are being carried out for the purpose of—
inspecting the land (including any buildings or other structures on the land) with a view to recording any matters of archaeological or historical interest; and
observing the execution of those works with a view to examining and recording any objects or other material of archaeological or historical interest, and recording any matters of archaeological or historical interest, discovered during the course of those works.
Any person duly authorised in writing by the Secretary of State or Historic Environment Scotland may enter any land in, on or under which a scheduled monument is situated, with the consent of the owner and (if the owner is not the occupier) of the occupier of the land, for the purpose of erecting and maintaining on or near the site of the monument such notice boards and marker posts as appear to the Secretary of State or Historic Environment Scotland to be desirable with a view to preserving the monument from accidental or deliberate damage.
References in this section to scheduled monument consent include references to consent granted by order under section 3 of this Act.
Any person duly authorised in writing by the Commission may at any reasonable time enter any land in England for the purpose of inspecting any scheduled monument in, on or under the land with a view to ascertaining whether any works affecting the monument have been or are being carried out in contravention of section 2(1) of this Act and so to enabling the Commission to decide whether to institute proceedings in England for an offence under section 2(1).
Any person duly authorised in writing by the Commission may at any reasonable time enter any land in England for the purpose of—
observing the execution on the land of any works to which a scheduled monument consent relates; and
inspecting the condition of the land and the scheduled monument in question after the completion of any such works,
Any person duly authorised in writing by the Commission may enter any land which is in England and in, on or under which a scheduled monument is situated, with the consent of the owner and (if the owner is not the occupier) of the occupier of the land, for the purpose of erecting and maintaining on or near the site of the monument such notice boards and marker posts as appear to the Commission to be desirable with a view to preserving the monument from accidental or deliberate damage.
References in this section to scheduled monument consent include references to consent granted by order under section 3 of this Act.
Subject to the following provisions of this section, where a person who has an interest in the whole or any part of a monument incurs expenditure or otherwise sustains any loss or damage in consequence of the refusal, or the granting subject to conditions, of a scheduled monument consent in relation to any works of a description mentioned in subsection (2) below, Historic Environment Scotland or, where the Scottish Ministers refused the scheduled monument consent or granted it subject to conditions, Ministers shall pay to that person compensation in respect of that expenditure, loss or damage. References in this section and in section 8 of this Act to compensation being paid in respect of any works are references to compensation being paid in respect of any expenditure incurred or other loss or damage sustained in consequence of the refusal, or the granting subject to conditions, of a scheduled monument consent in relation to those works.
The following are works in respect of which compensation is payable under this section— For the purposes of paragraph (c) above, any use in contravention of any legal restrictions for the time being applying to the use of the monument shall be disregarded.
works which are reasonably necessary for carrying out any development for which planning permission had been granted (otherwise than by a general development order) before the time when the monument in question became a scheduled monument and was still effective at the date of the application for scheduled monument consent;
works which do not constitute development, or constitute development such that planning permission is granted therefor by a general development order; and
works which are reasonably necessary for the continuation of any use of the monument for any purpose for which it was in use immediately before the date of the application for scheduled monument consent.
The compensation payable under this section in respect of any works within subsection (2)(a) above shall be limited to compensation in respect of any expenditure incurred or other loss or damage sustained by virtue of the fact that, in consequence of Historic Environment Scotland's or, as the case may be, the Scottish Ministers' decision, any development for which the planning permission in question was granted could not be carried out without contravening section 2(1) of this Act.
A person shall not be entitled to compensation under this section by virtue of subsection (2)(b) above if the works in question or any of them would or might result in the total or partial demolition or destruction of the monument, unless those works consist solely of operations involved in or incidental to the use of the site of the monument for the purposes of agriculture or forestry (including afforestation).
In a case where scheduled monument consent is granted subject to conditions, a person shall not be entitled to compensation under this section by virtue of subsection (2)(c) above unless compliance with those conditions would in effect make it impossible to use the monument for the purpose there mentioned.
In calculating, for the purposes of this section, the amount of any loss or damage consisting of depreciation of the value of an interest in land—
it shall be assumed that any subsequent application for scheduled monument consent in relation to works of a like description would be determined in the same way; but
if, in the case of a refusal of scheduled monument consent, Historic Environment Scotland or, as the case may be, the Scottish Ministers , on refusing that consent, undertook to grant such consent for some other works affecting the monument in the event of an application being made in that behalf, regard shall be had to that undertaking.
References in this section to a general development order are references to a development order made as a general order applicable (subject to such exceptions as may be specified therein) to all land.
Subject to the following provisions of this section, where any works affecting a scheduled monument which were previously authorised under this Part of this Act cease to be so, then, if any person who has an interest in the whole or any part of the monument— the Secretary of State or Historic Environment Scotland shall pay to that person compensation in respect of that expenditure, loss or damage.
has incurred expenditure in carrying out works which are rendered abortive by the fact that any further works have ceased to be so authorised; or
has otherwise sustained loss or damage which is directly attributable to that fact;
Subsection (1) above only applies where the works cease to be authorised under this Part of this Act—
by virtue of the fact that a scheduled monument consent granted by order under section 3 of this Act ceases to apply to any scheduled monument (whether by virtue of variation or revocation of the order or by virtue of a direction under subsection (3) of that section); or
by virtue of the modification or revocation of a scheduled monument consent by a direction given under section 4 of this Act; or
in accordance with paragraph 8 of Schedule 1 to this Act, by virtue of the service of a notice of proposed modification or revocation of a scheduled monument consent under paragraph 5 of that Schedule.
A person shall not be entitled to compensation under this section in a case falling within subsection (2)(a) above unless, on an application for scheduled monument consent for the works in question, consent is refused, or is granted subject to conditions other than those which previously applied under the order.
For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any works, or upon other similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out those works.
Subject to subsection (4) above, no compensation shall be paid under this section in respect of any works carried out before the grant of the scheduled monument consent in question, or in respect of any other loss or damage (not being loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the grant of that consent.
The Secretary of State may acquire compulsorily any ancient monument for the purpose of securing its preservation ; but, where the monument in question is situated in England, he shall consult with the Commission before making a compulsory purchase order.
The Acquisition of Land Act 1981 shall apply to any compulsory acquisition by the Secretary of State under this section of an ancient monument situated in England and Wales . . .
The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to any compulsory acquisition by the Secretary of State under this section of an ancient monument situated in Scotland as it applies to a compulsory acquisition by another Minister or by the Secretary of State under section 58 of the National Health Service (Scotland) Act 1972 in a case falling within section 1(1) of the said Act of 1947.
For the purpose of assessing compensation in respect of any compulsory acquisition under this section of a monument which, immediately before the date of the compulsory purchase order, was scheduled, it shall be assumed that scheduled monument consent would not be granted for any works which would or might result in the demolition, destruction or removal of the monument or any part of it.
The Secretary of State may acquire by agreement any ancient monument but, where the monument in question is situated in England, he shall consult with the Commission before doing so.
Any local authority may acquire by agreement any ancient monument situated in or in the vicinity of their area.
With the consent of the Secretary of State, the Commission may acquire by agreement any ancient monument situated in England.
The Secretary of State or any local authority may accept a gift (whether by deed or will) of any ancient monument ; but, where the monument in question is situated in England, the Secretary of State shall consult with the Commission before accepting
The provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable) other than sections 4 to 8, section 10 and section 31, shall apply in relation to any acquisition under subsection (1) or (2) above of an ancient monument situated in England and Wales.
For the purpose of any acquisition under subsection (1) or (2) above of any ancient monument situated in Scotland which is heritable— (b) in construing those Acts for the purposes of this section, this section shall be deemed to be the special Act and the Secretary of State or the local authority acquiring the monument shall be deemed to be the promoter of the undertaking or company (as the case may require).
the Lands Clauses Acts (with the exception of the provisions excluded by subsection (6) below) and sections 6 and 70 to 78 of the Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the Mines (Working Facilities and Support) Act 1923) shall be incorporated with this section; and
in construing those Acts for the purposes of this section, this section shall be deemed to be the special Act and the Secretary of State or the local authority acquiring the monument shall be deemed to be the promoter of the undertaking or company (as the case may require).
With the consent of the Secretary of State, the Commission may accept a gift (whether by deed or will) of any ancient monument situated in England.
The provisions of the Lands Clauses Acts excluded from being incorporated with this section are—
those which relate to the acquisition of land otherwise than by agreement;
those which relate to access to the special Act; and
sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845.
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Subject to subsection (4) below, a person who has— may, with the consent of the Secretary of State, constitute him by deed guardian of the monument.
an interest of any description mentioned in subsection (3) below in an ancient monument situated in England and Wales; or
any heritable interest in an ancient monument situated in Scotland;
Subject to subsection (4) below, a person who has any such interest in an ancient monument may with the consent of any local authority in or in the vicinity of whose area the monument is situated constitute that authority by deed guardians of the monument.
Where the monument in question is situated in England, the Secretary of State shall consult with the Commission before he so consents.
Subject to subsection (4) below, a person who has an interest of any description mentioned in subsection (3) below in an ancient monument situated in England may, with the consent of the Commission, given after obtaining the consent of the Secretary of State, constitute the Commission by deed guardian of the Monument.
The interests in an ancient monument situated in England and Wales which qualify a person to establish guardianship of the monument under subsection (1) or (1A) or (2) above are the following—
an estate in fee simple absolute in possession;
a leasehold estate or interest in possession, being an estate or interest for a term of years of which not less than forty-five are unexpired or (as the case may be) renewable for a term of not less than forty-five years; and
an interest in possession for his own life or the life of another, or for lives (whether or not including his own), under any existing or future trust of land under which the estate or interest for the time being subject to the trust falls within paragraph (a) or (b) above.
A person who is not the occupier of an ancient monument may not establish guardianship of the monument under this section unless the occupier is also a party to the deed executed for the purposes of subsection (1) (1A) or (2) above.
Any person who has an interest in an ancient monument may be a party to any such deed in addition to the person establishing the guardianship of the monument and (where the latter is not the occupier) the occupier.
In relation to any monument of which the Secretary of State or the Commission or any local authority have been constituted the guardians under this Act, references below in this Act to the guardianship deed are references to the deed executed for the purposes of subsection (1) or (1A) or (2) above (as the case may be)
A guardianship deed relating to any ancient monument situated in England and Wales shall be a local land charge.
A guardianship deed relating to any ancient monument situated in Scotland may be recorded in the Register of Sasines.
Every person deriving title to any ancient monument from, through or under any person who has executed a guardianship deed shall be bound by the guardianship deed unless—
in the case of a monument in England and Wales, he derives title by virtue of any disposition made by the person who executed the deed before the date of the deed; or
in the case of a monument in Scotland, he is a person who in good faith and for value acquired right (whether completed by infeftment or not) to his interest in the monument before the date of the deed.
The Secretary of State or the Commission or a local authority shall not consent to become guardians of any structure which is occupied as a dwelling house by any person other than a person employed as the caretaker thereof or his family.
Except as provided by this Act, any person who has any estate or interest in a monument under guardianship shall have the same right and title to, and estate or interest in, the monument in all respects as if the Secretary of State or the Commission or the local authority in question (as the case may be) had not become guardians of the monument.
The Secretary of State and the Commission and any local authority shall be under a duty to maintain any monument which is under their guardianship by virtue of this Act.
The Secretary of State and the Commission and any local authority shall have full control and management of any monument which is under their guardianship by virtue of this Act.
With a view to fulfilling their duty under subsection (1) above to maintain a monument of which they are the guardians, the Secretary of State or the Commission or any local authority shall have power to do all such things as may be necessary for the maintenance of the monument and for the exercise by them of proper control and management with respect to the monument.
The power conferred by subsection (2) above includes power—
to control the holding of events in or on the monument;
to control and manage such events;
to require payment of a charge in respect of the holding of such events;
to exclude, restrict or otherwise control public access to the monument in connection with such events.
Without prejudice to the generality of the preceding provisions of this section, the Secretary of State or the Commission or any local authority shall have power—
to make any examination of a monument which is under their guardianship by virtue of this Act;
to open up any such monument or make excavations therein for the purpose of examination or otherwise; and
to remove the whole or any part of any such monument to another place for the purpose of preserving it.
The Secretary of State or the Commission or any local authority may at any reasonable time enter the site of a monument which is under their guardianship by virtue of this Act for the purpose of exercising any of their powers under this section in relation to the monument (and may authorise any other person to exercise any of those powers on their behalf).
Subsections (2) to (4) above are subject to any provision to the contrary in the guardianship deed.
In this Part of this Act “maintenance” includes fencing, repairing, and covering in, of a monument and the doing of any other act or thing which may be required for the purpose of repairing the monument or protecting it from decay or injury, and “maintain” shall be construed accordingly.
In subsection (2A) above—
“events” includes functions and any other organised activities;
references to the holding of events, in relation to organised activities, are to be construed as references to the carrying out of such activities.
Subject to the following provisions of this section, where the Secretary of State or a local authority have become guardians of any monument under this Act, they may by agreement made with the persons who are for the time being immediately affected by the operation of the guardianship deed— but except as provided above the monument shall remain under guardianship (unless it is acquired by its guardians) until an occupier of the monument who is entitled to terminate the guardianship gives notice in writing to that effect to the guardians of the monument.
exclude any part of the monument from guardianship; or
Sections 2 and 4.
Provision may be made by regulations under this Act with respect to the form and manner in which applications for scheduled monument consent are to be made, the particulars to be included therein and the information to be provided by applicants or (as the case may be) by the Secretary of State Historic Environment Scotland in connection therewith. The Scottish Ministers may by regulations make provision as to— Any scheduled monument consent (including scheduled monument consent granted by order under section 3 of this Act) shall (except so far as it otherwise provides) enure for the benefit of the monument and of all persons for the time being interested therein. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may refuse to entertain an application for scheduled monument consent unless it is accompanied by one or other of the following certificates signed by or on behalf of the applicant, that is to say— Any certificate issued for the purposes of sub-paragraph (1) above— and any reference in that sub-paragraph to the requisite notice is a reference to a notice in the form so prescribed. Regulations made for the purposes of this paragraph may make provision as to who, in the case of any monument, is to be treated as the owner for those purposes. If any person issues a certificate which purports to comply with the requirements of this paragraph ... and which contains a statement which he knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding level 3 on the standard scale.
The Secretary of State may grant scheduled monument consent in respect of all or any part of the works to which an application for scheduled monument consent relates. Before determining whether or not to grant scheduled monument consent on any application therefor, the Secretary of State shall either— Before determining whether or not to grant scheduled monument consent on any application therefor the Secretary of State— The Secretary of State shall serve notice of his decision with respect to the application on the applicant and on every person who has made representations to him with respect to the application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Historic Environment Scotland may refuse to entertain an application for scheduled monument consent unless it is accompanied by a certificate as to the interests in the monument to which the application relates.
The Scottish Ministers may by regulations—
make provision as to the notice of any application for scheduled monument consent to be given to any person (other than the applicant) who, at the beginning of the period of 21 days ending with the date of the application, was the owner of the monument;
make provision for publicising applications for scheduled monument consent;
make provision as to—
the form and content of certificates such as are mentioned in sub-paragraph (1) and notices such as are mentioned in paragraph (a);
service of such notices;
make provision as to such further particulars of the matters to which such certificates relate as may be prescribed;
require an applicant for scheduled monument consent to certify, in such form as may be prescribed, or to provide evidence, that any requirements of the regulations have been satisfied.
Regulations under sub-paragraph (2) may make different provision for different classes of case.
Regulations made for the purposes of this paragraph may make provision as to who, in the case of any monument, is to be treated as the owner for those purposes.
If any person issues a certificate which purports to comply with the requirements of this paragraph or regulations made under it and which contains a statement which he knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding level 3 on the standard scale.
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (evidence and costs at local inquiries) shall apply to a public local inquiry held in pursuance of paragraph 3(2) above in relation to a monument situated in England ... as they apply where a Minister or the Secretary of State causes an inquiry to be held under subsection (1) of that section. Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (evidence and expenses at local inquiries) shall apply to a public local inquiry held in pursuance of paragraph 3(2) above in relation to a monument situated in Scotland as they apply where a Minister or the Secretary of State causes an inquiry to be held under subsection (1) of that section.
As soon as practicable after receiving an application for scheduled monument consent in relation to a monument situated in England, the Secretary of State shall send a copy of the application to the Commission.
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Where sub-paragraph (2) or (3) applies, Historic Environment Scotland may refuse to entertain an application for scheduled monument consent.
This sub-paragraph applies where—
within the period of 2 years ending with the date the application is received, Historic Environment Scotland has or the Scottish Ministers have refused or the Scottish Ministers have dismissed an appeal against the refusal of, or an appeal under section 4B(3) in respect of, a similar application; and
in its opinion there has been no significant change in any material considerations since the similar application was refused or the appeal was dismissed .
This sub-paragraph applies where the application is made at a time when a similar application is under consideration.
For the purposes of this paragraph, an application for scheduled monument consent is to be taken to be similar to another such application only if the scheduled monument and the works to which the applications relate are, in the opinion of Historic Environment Scotland, the same or substantially the same.
If Historic Environment Scotland, on an application to it for scheduled monument consent, intends to grant that consent, it must, where sub-paragraph (2) applies, first notify the Scottish Ministers of the application. This sub-paragraph applies where— provide that the application must be so notified. The Scottish Ministers may within the period of 28 days beginning with the date of the notification— Historic Environment Scotland must not grant scheduled monument consent until—
The Scottish Ministers may give directions to Historic Environment Scotland requiring it, in such cases or classes of case as may be specified in the directions, to notify to Ministers and to such other persons as may be so specified—
any applications made to it for scheduled monument consent, and
the decisions taken on those applications.
The Secretary of State or Historic Environment Scotland may grant scheduled monument consent in respect of all or any part of the works to which an application for scheduled monument consent relates.
The Scottish Ministers may by regulations make provision for the procedure to be followed by Historic Environment Scotland in considering and determining applications for scheduled monument consent.
The Secretary of State or, as the case may be, Historic Environment Scotland shall serve notice of the decision with respect to the application on the applicant and on every person who has made representations ... with respect to the application.
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Before giving a direction under section 4 of this Act modifying or revoking a scheduled monument consent the Secretary of State shall serve a notice of proposed modification or revocation on— ... The Secretary of State shall consult with the Commission before serving a notice under this paragraph, and on serving such a notice he shall send a copy of it to the Commission. A notice under this paragraph shall— Where the effect of a proposed modification (or any part of it) would be to exclude any works from the scope of the scheduled monument consent in question or in any manner to affect the execution of any of the works to which the consent relates, the notice under this paragraph relating to that proposed modification shall indicate that the works affected must not be executed after the receipt of the notice or (as the case may require) must not be so executed in a manner specified in the notice. A notice of proposed revocation under this paragraph shall indicate that the works to which the scheduled monument consent in question relates must not be executed after receipt of the notice. A person served with a notice under this paragraph may make an objection to the proposed modification or revocation at any time before the end of the period of twenty-eight days beginning with the date on which the notice was served.
If no objection to a proposed modification or revocation is duly made by a person served with notice thereof in accordance with paragraph 5 above, or if all objections so made are withdrawn, the Secretary of State may give a direction under section 4 of this Act modifying or revoking the scheduled monument consent in question in accordance with the notice. If any objection duly made as mentioned in sub-paragraph (1) above is not withdrawn, then, before giving a direction under section 4 of this Act with respect to the proposed modification or revocation, the Secretary of State shall either— If any person by whom an objection has been made avails himself of the opportunity of being heard, the Secretary of State shall afford to each other person served with notice of the proposed modification or revocation in accordance with paragraph 5 above, and to any other person to whom it appears to the Secretary of State expedient to afford it, an opportunity of being heard on the same occasion. Before determining in a case within sub-paragraph (2) above whether to give a direction under section 4 of this Act modifying or revoking the scheduled monument consent in accordance with the notice, the Secretary of State— After considering any objections and report he is required to consider in accordance with sub-paragraph (4) above the Secretary of State may give a direction under section 4 of this Act modifying or revoking the scheduled monument consent either in accordance with the notice or with any variation appearing to him to be appropriate.
As soon as may be after giving a direction under section 4 of this Act the Secretary of State shall send a copy of the direction to each person served with notice of its proposed effect in accordance with paragraph 5 above and to any other person afforded an opportunity of being heard in accordance with paragraph 6(3) above.
Where in accordance with sub-paragraph (3) of paragraph 5 above a notice under that paragraph indicates that any works specified in the notice must not be executed after receipt of the notice, the works so specified shall not be regarded as authorised under Part I of this Act at any time after the relevant service date. Where in accordance with that sub-paragraph a notice under that paragraph indicates that any works specified in the notice must not be executed after receipt of the notice in a manner so specified, the works so specified shall not be regarded as authorised under Part I of this Act if executed in that manner at any time after the relevant service date. Where in accordance with sub-paragraph (4) of paragraph 5 above a notice under that paragraph indicates that the works to which the scheduled monument consent relates must not be executed after receipt of the notice, those works shall not be regarded as authorised under Part I of this Act at any time after the relevant service date. The preceding provisions of this paragraph shall cease to apply in relation to any works affected by a notice under paragraph 5 above— In this paragraph “the relevant service date” means, in relation to a notice under paragraph 5 above with respect to works affecting any monument, the date on which that notice was served on the occupier or (if there is no occupier) on the owner of the monument.
Subject to sub-paragraph (2) below, subsections (2) to (5) of section 250 of the Local Government Act 1972 (evidence and costs at local inquiries) shall apply to a public local inquiry held in pursuance of paragraph 6(2) above as they apply where a Minister or the Secretary of State causes an inquiry to be held under subsection (1) of that section. Subsection (4) of that section (costs of the Minister causing the inquiry to be held to be defrayed by such local authority or party to the inquiry as the Minister may direct) shall not apply except in so far as the Secretary of State is of opinion, having regard to the object and result of the inquiry, that his costs should be defrayed by any party thereto. In the application of this paragraph to Scotland, in sub-paragraph (1) for the words “subsections (2) to (5) of section 250 of the Local Government Act 1972 (evidence and costs at local inquiries)” there shall be substituted the words “subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (evidence and expenses at local inquiries)”, and in sub-paragraph (2) for the words “subsection (4) of that section (costs” there shall be substituted the words “subsection (7) of that section (expenses”.
Except as provided for in paragraph 11, an order made by Historic Environment Scotland under section 4 modifying or revoking a scheduled monument consent does not take effect unless it is confirmed by the Scottish Ministers. Where Historic Environment Scotland submits an order to the Scottish Ministers for confirmation, it must serve notice on— The notice must specify the period (which must not be less than 28 days after its service) within which any person on whom it is served may require an opportunity of appearing before and being heard by a person appointed by the Scottish Ministers for the purpose. If within that period a person on whom the notice is served so requires, the Scottish Ministers must, before they confirm the order, give such an opportunity both to that person and to Historic Environment Scotland. The Scottish Ministers may confirm any such order submitted to them either without modification or subject to such modifications as they consider expedient.
Where sub-paragraph (2) applies, Historic Environment Scotland— This sub-paragraph applies where— have notified Historic Environment Scotland in writing that they do not object to the order. The steps referred to in sub-paragraph (1)(b) are— The advertisement under sub-paragraph (3)(a) must specify— The period referred to in sub-paragraph (4)(a) must not be less than 28 days from the date on which the advertisement first appears. The period referred to in sub-paragraph (4)(b) must not be less than 14 days from the end of the period referred to in sub-paragraph (4)(a). The notice under sub-paragraph (3)(b) must include a statement to the effect that no compensation is payable under section 9 in respect of an order which takes effect by virtue of this paragraph. The order takes effect at the end of the period referred to in sub-paragraph (4)(b) without being confirmed by the Scottish Ministers if—
renounce guardianship of the monument;
Section 33.
A designation order made by the Secretary of State shall describe by reference to a map the area affected. The map shall be to such a scale, and the order in such form, as the Secretary of State considers appropriate.
Before making a designation order the Secretary of State shall— in accordance with paragraph 3 below.
consult each of the local authorities concerned; and
publish notice of his proposal to make the order;
consult with the Commission (if the area which would be designated by the order is situated in England); and
The consultations required by sub-paragraphs (a)(aa) of paragraph 2 above shall precede the publication of the notice required by sub-paragraph (b) of that paragraph. The notice required by paragraph 2(b) above—
Copies of the draft order and of the map to which it refers—
shall be deposited with each of the local authorities concerned on or before the date on which notice of the Secretary of State’s proposal to make the order is first published in accordance with paragraph 3(2)(a) above; and
shall be kept available for public inspection by each of those authorities, free of charge, at reasonable hours and at a convenient place, until the Secretary of State makes the order or notifies the local authority in question that he has determined not to make it.
shall be sent to the Commission (if the area which would be designated by the order is situated in England); and
Copies of the draft order and of the map to which it refers shall similarly be kept available by the Secretary of State, until he makes the order or determines not to make it.
The Secretary of State may make the order, either without modifications or with such modification only as consists in reducing the area affected, at any time after the end of the period of six weeks beginning with the date on which notice of his proposal to make the order is first published in accordance with paragraph 3(2)(a) above.
On making the order, the Secretary of State shall—
publish notice in two successive weeks in the London Gazette and in one or more local newspapers circulating in the locality in which the area affected is situated, stating that the order has been made and describing the area affected and the effect of the order; and
deposit a copy of the order and of the map to which it refers with each local authority concerned. and
send to the Commission a copy of the order and of the map to which it refers (if the area designated is situated in England).
A designation order made by a local authority shall describe by reference to a map the area affected. The map shall be to such a scale, and the order in such form as may be prescribed.
Before making a designation order a local authority shall— in accordance with paragraph 10 below.
consult any other local authority concerned; and
publish notice of their proposal to make the order;
The consultation required by sub-paragraph (a) of paragraph 9 above shall precede the publication of the notice required by sub-paragraph (b) of that paragraph. The notice required by paragraph 9(b) above shall be in the prescribed form and shall otherwise comply with paragraph 3(2) above (with the necessary modifications).
Before making a designation order a local authority shall notify the Commission of their proposal to make the order, if the area which would be designated by the order is situated in England.
Copies of the draft order and of the map to which it refers—
shall be deposited with each of the local authorities concerned (other than the local authority proposing to make the order) on or before the date on which notice of the proposal to make the order is first published in accordance with paragraph 3(2)(a) above as applied by paragraph 10 above; and
shall be kept available for public inspection by each of the local authorities concerned, free of charge at reasonable hours and at a convenient place, until the local authority proposing to make the order either make it or determine not to make it and, in the case of any other local authority concerned, notify that local authority of their determination.
The local authority may make the order, either without modifications or with such modification only as consists in reducing the area affected, and submit it to the Secretary of State for confirmation, at any time after the end of the period of six weeks beginning with the date on which notice of their proposal to make the order is first published in accordance with paragraph 3(2)(a) above as applied by paragraph 10 above.
A designation order made by a local authority shall not take effect unless it is confirmed by the Secretary of State, and the Secretary of State may confirm any such order either without modifications or with such modification only as consists in reducing the area affected.
If the Secretary of State confirms the order the local authority shall on being notified that the order has been confirmed—
publish notice of the making of the order in the manner and form prescribed; and
deposit a copy of the order and of the map to which it refers with any other local authority concerned. and
send to the Commission a copy of the order and of the map to which it refers, if the area designated is situated in England.
The Secretary of State may by regulations prescribe the procedure to be followed by a local authority in submitting a designation order for confirmation by the Secretary of State.
A designation order made by the Secretary of State shall not come into operation until the end of the period of six months beginning with the date on which it is made. A designation order made by a local authority and confirmed by the Secretary of State shall not come into operation until the end of the period of six months beginning with the date on which it is confirmed.
Paragraphs 8, 9, 10 to 13, 14( a ) and ( b ) and 15 above shall have effect in relation to a designation order made by the Commission as if—
in paragraphs 8(1), 12, 13 and 15 the references to a local authority were a reference to the Commission;
in paragraphs 9 and 14 the first reference to a local authority were a reference to the Commission, and the word “other” were omitted; and
in paragraph 11—
in sub-paragraph (a) the words in brackets were omitted; and
in sub-paragraph (b) the reference to the local authority proposing to make the order were a reference to the Commission, and the word “other” were omitted.
An order varying or revoking a designation order shall describe by reference to a map the area affected by the designation order and (in the case of an order varying a designation order) the reduction of that area made by the order. The map shall be to such a scale, and the order in such form, as the Secretary of State considers appropriate.
Before and on making an order varying or revoking a designation order the Secretary of State shall follow the procedure laid down for the making by him of a designation order, and paragraphs 2 to 7 above shall accordingly apply in any such case (taking references to the area affected as references to the area affected by the designation order).
In relation to a designation order relating to an area in Scotland, references in this Schedule to the London Gazette shall be construed as references to the Edinburgh Gazette.
In this Schedule “the area affected” means, in relation to a designation order, the area to which the order for the time being relates. For the purposes of this Schedule a local authority is a local authority concerned in relation to a designation order (or in relation to an order varying or revoking a designation order) if the area affected by the designation order, or any part of that area, is within the area of that local authority.
Section 64(1).
Where an interim preservation notice is in force with respect to any monument immediately before the commencement of this Act, sections 10(3)(a) and (c) and 12(1), (2)(b), (3)(b) and (4) of the Historic Buildings and Ancient Monuments Act 1953 shall continue to apply to the notice and monument respectively as if this Act had not been passed, unless and until the monument is included in the Schedule under section 1(3) of this Act. So long as by virtue of sub-paragraph (1) above section 12(1) of the Historic Buildings and Ancient Monuments Act 1953 continues to apply after the commencement of this Act to any monument which is under guardianship by virtue of this Act, section 28 of this Act shall have effect in relation to that monument as if for the reference in subsection (2) of that section to a scheduled monument consent there were substituted a reference to the consent of the Secretary of State under section 12(1).
Subject to sub-paragraph (2) below, where a guardianship order made under section 12(5) of the Historic Buildings and Ancient Monuments Act 1953 is in force immediately before the commencement of this Act that order shall continue in force notwithstanding the repeal by this Act of section 12(5), and the provisions of this Act shall apply while the order is in force as if the Secretary of State had been constituted guardian of the monument by a deed not containing any restriction not contained in the order and executed by all the persons who, at the time when the order was made, were able by deed to constitute the Secretary of State guardian of the monument. A guardianship order continued in force by this paragraph may be revoked at any time by the Secretary of State.
Where within the period of three months immediately preceding the commencement of this Act a person has given notice in accordance with section 6(2) of the Ancient Monuments Act 1931 of his intention to execute or permit to be executed any such work in relation to a monument as is there mentioned the notice shall have effect for the purposes of this Act as an application for scheduled monument consent for the execution of that work. Where— then, in a case where the Secretary of State’s decision on the application has not been notified to the person in question before the monument is included in the Schedule, the application shall have effect for the purposes of this Act as an application for scheduled monument consent for the execution of those works. The Secretary of State shall consider and determine any application for scheduled monument consent which has effect as such by virtue of this paragraph notwithstanding that any requirements of regulations made by virtue of paragraph 1 or any requirements of paragraph 2 of Schedule 1 to this Act are not satisfied in relation to that application.
Subject to the following provisions of this paragraph, where a person has given notice as mentioned in paragraph 3(1) above with respect to any work more than three months before the commencement of this Act, the notice shall have effect for the purposes of this Act as if it were a scheduled monument consent for the execution of that work granted by the Secretary of State under section 2 of this Act on the date of the commencement of this Act (and it may be modified or revoked by the Secretary of State under section 4 of this Act accordingly). This paragraph does not apply in any case where an interim preservation notice or a preservation order is in force with respect to the monument in question immediately before the commencement of this Act. A scheduled monument consent which has effect as such by virtue of this paragraph shall not cease to have effect by virtue of section 4(1) of this Act if any of the work to which it relates has been executed or started before the commencement of this Act.
Subject to sub-paragraph (2) below, where— that consent shall have effect for the purposes of this Act as if it were a scheduled monument consent for the execution of those works granted by the Secretary of State under section 2 of this Act on the date when the monument became a scheduled monument (and it may be modified or revoked by the Secretary of State under section 4 of this Act accordingly). A scheduled monument consent which has effect as such by virtue of this paragraph shall not cease to have effect by virtue of section 4(1) of this Act if any of the works to which it relates have been executed or started before the monument becomes a scheduled monument.
Section 13(2) of this Act shall not apply to any monument of which the Secretary of State or a local authority have been constituted guardians before the commencement of this Act, except where either— Section 19(1) of this Act shall not apply to any monument of which the Secretary of State or a local authority had been constituted guardians before 15th August 1913 (being the date of commencement of the Ancient Monuments Consolidation and Amendment Act 1913), except where either— Where any land adjoining or adjacent to a monument (in addition to its site) was acquired or taken into guardianship before the commencement of this Act under any enactment repealed by this Act, it shall be regarded for the purposes of this Act as having been acquired or taken into guardianship for a purpose relating to that monument by virtue of section 15 of this Act.
Notwithstanding the repeal by this Act of the Field Monuments Act 1972, the provisions of that Act shall continue to apply in relation to any acknowledgement payment agreement within the meaning of that Act which is in force immediately before the commencement of this Act.
Any reference in any document (including an enactment) to an enactment repealed by this Act shall be construed as or (as the case may be) as including a reference to the corresponding enactment in this Act.
Nothing in the preceding provisions of this Schedule shall be construed as prejudicing the effect of section 16 or 17 of the Interpretation Act 1978 (effect of repeals).
In this Schedule—
“designation order” means an order under that section;
Any person duly authorised in writing by the Commission may at any reasonable time enter any land in England for the purpose of inspecting any scheduled monument in, on or under the land in connection with any consultation made in respect of the monument under section 4(3) of this Act or paragraph 3(3)( c ) of Schedule 1 to this Act.
The power of full control and management of land under guardianship conferred by subsection (3) above includes power—
to control the holding of events on associated land;
to control and manage such events;
to require payment of a charge in respect of the holding of such events;
to exclude, restrict or otherwise control public access to associated land in connection with such events.
Subsections (3), (3A) and (4) are subject to any provision to the contrary in the guardianship deed.
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In subsection (3A) above—
“events” includes functions and any other organised activities;
references to the holding of events, in relation to organised activities, are to be construed as references to the carrying out of such activities.
Section 64(2).
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In section 47(d) of the Coast Protection Act 1949 (saving for law relating to ancient monuments), for the words “the Ancient Monuments Acts 1913 to 1931” there shall be substituted the words “the Ancient Monuments and Archaeological Areas Act 1979”.
In sections 5(2)(b) and 8(1)(c) of the Historic Buildings and Ancient Monuments Act 1953, for the words “the Ancient Monuments Consolidation and Amendment Act 1913” there shall be substituted the words “the Ancient Monuments and Archaeological Areas Act 1979”. In section 8(4) of that Act, for the words “the said Act of 1913” there shall be substituted the words “the said Act of 1979”.
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In section 6(4)(b) of the Land Powers (Defence) Act 1958 (restriction on use of land for training purposes)— for the words from ”a list” to ”1913” there shall be substituted the words ”the Schedule compiled and maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979”; and the words from “or which” to “1953” shall cease to have effect, except in relation to a monument to which paragraph 1(1) of Schedule 3 to this Act applies.
for the words from “a list” to “1913 ” there shall be substituted the words “the Schedule compiled and maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 ”; and
the words from “or which ” to “1953 ” shall cease to have effect, except in relation to a monument to which paragraph 1(1) of Schedule 3 to this Act applies.
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for paragraph (a) there shall be substituted the following paragraph—;
paragraph (d) and the words “or, as the case may be, the said Act of 1953 ” shall cease to have effect, except in relation to a monument to which paragraph 1(1) of Schedule 3 to this Act applies ; and
for the words “the said Act of 1931 ” there shall be substituted the words “the said Act of 1979 or ”.
In section 3(3)(a) of the Flood Prevention (Scotland) Act 1961 (Act not to authorise contraventions of certain enactments), for the words “the Ancient Monuments Acts 1913 to 1953” there shall be substituted the words “the Ancient Monuments and Archaeological Areas Act 1979”.
In section 2(5) of the Faculty Jurisdiction Measure 1964 (limit on authority conferred by faculty for demolition of church), for the words “the Ancient Monuments Acts 1913 to 1953” there shall be substituted the words “the Ancient Monuments and Archaeological Areas Act 1979”.
In section 7(8) of the Mines (Working Facilities and Support) Act 1966 (right to apply for restrictions on working minerals to secure support)— for the words ”the Ancient Monuments Consolidation and Amendment Act 1913” there shall be substituted the words ”the Ancient Monuments and Archaeological Areas Act 1979”; and. the words “or Part II of the Historic Buildings and Ancient Monuments Act 1953” shall be omitted.
for the words “the Ancient Monuments Consolidation and Amendment Act 1913 ” there shall be substituted the words “the Ancient Monuments and Archaeological Areas Act 1979 ”; and
the words “or Part II of the Historic Buildings and Ancient Monuments Act 1953 ” shall be omitted.
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the words from “is the ” to “or ” shall cease to have effect, except in relation to a monument to which paragraph 1(1) of Schedule 3 to this Act applies ; and
for the words from “a list ” to “those Acts ” there shall be substituted the words “the Schedule compiled and maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 ”.
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In section 131(2) of the Local Government Act 1972 (general powers of local authority with respect to dealings in land not to affect certain enactments), for paragraph (f) there shall be substituted the following paragraph —.
In section 182(1) of the Local Government (Scotland) Act 1973 (functions of local authorities under the Ancient Monuments Acts to be district planning functions), for the words “the Ancient Monuments Acts 1913 and 1931” there shall be substituted the words “the Ancient Monuments and Archaeological Areas Act 1979”.
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Section 64(3).
he has any interest in the monument which would qualify him to establish guardianship of the monument under section 12 of this Act; and
he is not bound by the guardianship deed.
An order under subsection (1) may not designate an area in Wales.
The Commission may from time to time by order designate as an area of archaeological importance any area in Greater London which appears to them to merit treatment as such for the purposes of this Act.
A local authority shall consult with the Secretary of State before entering into any agreement under this section.
Neither the Secretary of State nor the Commission nor a local authority may enter into any such agreement unless he or they are satisfied with respect to the part of the monument or (as the case may be) with respect to the whole of the monument in question—
that satisfactory arrangements have been made for ensuring its preservation after termination of the guardianship; or
that it is no longer practicable to preserve it (whether because of the cost of preserving it or otherwise).
An agreement under this section must be made under seal in the case of a monument situated in England and Wales.
Where in the case of a monument situated in Scotland the guardianship deed has been recorded in the Register of Sasines in accordance with section 12 of this Act an agreement under this section relating to that monument may also be so recorded.
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References in sections 10 to 12 of this Act to an ancient monument shall include references to any land adjoining or in the vicinity of an ancient monument which appears to the Secretary of State or the Commission or a local authority to be reasonably required for any of the following purposes, that is to say— (and one of those purposes shall accordingly be sufficient to support the compulsory acquisition of any such land under section 10(1) of this Act, instead of the purpose there mentioned).
the maintenance of the monument or its amenities;
providing or facilitating access to the monument;
the exercise of proper control or management with respect to the monument;
the storage of equipment or materials for the purpose mentioned in paragraph (a) above; and
the provision of facilities and services for the public for or in connection with affording public access to the monument;
Land may be acquired or taken into guardianship by virtue of this section for any of the purposes relating to an ancient monument mentioned in subsection (1) above either at the same time as the monument or subsequently.
The Secretary of State and the Commission and any local authority shall have full control and management of any land which is under their guardianship by virtue of this Act after being taken into guardianship by virtue of this section for a purpose relating to any ancient monument, and without prejudice to that generality shall have power to do all such things as may be necessary—
for the exercise by them of proper control and management with respect to the land; and
for the use of the land for any of the purposes relating to the monument mentioned in subsection (1) above.
The Secretary of State and the Commission and any local authority may at any reasonable time enter any land which is under their guardianship by virtue of this Act for the purpose of exercising their power under subsection (3) above (and may authorise any other person to do so, and to exercise that power, on their behalf).
Section 14(1) and (2) of this Act shall apply in relation to any land taken into guardianship by virtue of this section for any purpose relating to an ancient monument as they apply in relation to a monument, but, apart from any termination of guardianship by virtue of that section, any such land shall also cease to be under guardianship if the monument in question ceases to be under guardianship otherwise than by virtue of being acquired by its guardians or ceases to exist.
References below in this Act, in relation to any monument of which the Secretary of State or the Commission or a local authority are the owners or guardians by virtue of this Act, to land associated with that monument (or to associated land) are references to any land acquired or taken into guardianship by virtue of this section for a purpose relating to that monument, or appropriated for any such purpose under a power conferred by any other enactment.
The Secretary of State may acquire, by agreement or compulsorily, over land adjoining or in the vicinity of any monument which is under his ownership by virtue of this Act, any easement which appears to him to be necessary—
for any of the purposes relating to that monument mentioned in section 15(1) of this Act; or
for the use of any land associated with that monument for any of those purposes.
A local authority may by agreement acquire over land adjoining or in the vicinity of any monument which is under their ownership by virtue of this Act any such easement as the Secretary of State may acquire by virtue of subsection (1) above.
The power of acquiring an easement under subsection (1) or (1A) or (2) above shall include power to acquire any such easement by the grant of a new right.
The Secretary of State or the Commission or any local authority may acquire, for the benefit of any monument or land under his or their guardianship by virtue of this Act, a right of any description which he or they would be authorised to acquire under any of the preceding provisions of this section if the monument or land was under his or their ownership by virtue of this Act, and those provisions shall apply accordingly in any such case.
Any right to which subsection (4) above applies—
shall be treated for the purposes of its acquisition under this section and in all other respects as if it were a legal easement; and
may be enforced by the guardians for the time being of the monument or land for whose benefit it was acquired as if they were the absolute owner in possession of that monument or land.
Any right to which subsection (4) above applies which is acquired by agreement under this section for a purpose relating to any monument under guardianship, or for the use of any land associated with any such monument for any purpose relating to that monument— if the monument ceases to be under guardianship otherwise than by virtue of being acquired by its guardians or ceases to exist.
subject to any provision to the contrary in the agreement under which it was acquired, may be revoked by the grantor; and
may be revoked by any successor in title of the grantor as respects any of the land over which it is exercisable in which he has an interest;
References above in this section to an easement or (as the case may be) to a legal easement shall be construed in relation to land in Scotland as references to a servitude.
Any right to which subsection (4) above applies—
shall be a local land charge, if it relates to land in England and Wales; and
may be recorded in the Register of Sasines, if it relates to land in Scotland.
The Acquisition of Land Act 1981 shall apply to any compulsory acquisition by the Secretary of State under this section of any easement over land in England and Wales . . .
The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to any compulsory acquisition by the Secretary of State under this section of any servitude over land in Scotland as it applies to a compulsory acquisition by another Minister or by the Secretary of State under section 58 of the National Health Service (Scotland) Act 1972 in a case falling within section 1(1) of the said Act of 1947.
The provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable) other than sections 4 to 8, section 10 and section 31, shall apply in relation to any acquisition by agreement under this section of any easement over land in England and Wales.
For the purposes of any acquisition by agreement under this section of any servitude over land in Scotland—
the Lands Clauses Acts (with the exception of the provisions excluded by subsection (13) below) and sections 6 and 70 to 78 of the Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the Mines (Working Facilities and Support) Act 1923) shall be incorporated with this section; and
in construing those Acts for the purposes of this section, this section shall be deemed to be the special Act and the Secretary of State or the local authority acquiring the servitude shall be deemed to be the promoter of the undertaking or company (as the case may require).
The provisions of the Lands Clauses Acts excluded from being incorporated with this section are—
those which relate to the acquisition of land otherwise than by agreement;
those which relate to access to the special Act; and
sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845.
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The Secretary of State may enter into an agreement under this section with the occupier of an ancient monument or of any land adjoining or in the vicinity of an ancient monument.
A local authority may enter into an agreement under this section with the occupier of any ancient monument situated in or in the vicinity of their area or with the occupier of any land adjoining or in the vicinity of any such ancient monument.
The Commission may enter into an agreement under this section with the occupier of an ancient monument situated in England or of any land so situated which adjoins or is in the vicinity of an ancient monument so situated.
Any person who has an interest in an ancient monument or in any land adjoining or in the vicinity of an ancient monument may be a party to an agreement under this section in addition to the occupier.
An agreement under this section may make provision for all or any of the following matters with respect to the monument or land in question, that is to say— and may contain such incidental and consequential provisions as appear to the Secretary of State or the Commission or the local authority or Historic Environment Scotland (as the case may be) to be necessary or expedient.
the maintenance and preservation of the monument and its amenities;
the carrying out of any such work, or the doing of any such other thing, in relation to the monument or land as may be specified in the agreement;
public access to the monument or land and the provision of facilities and information or other services for the use of the public in that connection;
restricting the use of the monument or land;
prohibiting in relation to the monument or land the doing of any such thing as may be specified in the agreement; and
the making by the Secretary of State or the Commission or the local authority or Historic Environment Scotland (as the case may be) of payments in such manner, of such amounts and on such terms as may be so specified (and whether for or towards the cost of any work provided for under the agreement or in consideration of any restriction, prohibition or obligation accepted by any other party thereto);
Historic Environment Scotland may enter into an agreement under this section with the occupier of an ancient monument situated in Scotland or of any land so situated which adjoins or is in the vicinity of an ancient monument so situated.
Where an agreement under this section expressly provides that the agreement as a whole or any restriction, prohibition or obligation arising thereunder is to be binding on the successors of any party to the agreement (but not otherwise), then, as respects any monument or land in England and Wales, every person deriving title to the monument or land in question from, through or under that party shall be bound by the agreement, or (as the case may be) by that restriction, prohibition or obligation, unless he derives title by virtue of any disposition made by that party before the date of the agreement.
An agreement under this section relating to any monument or land in Scotland and containing any such provision as is mentioned in subsection (5) above may be recorded in the Register of Sasines, and that subsection shall apply to any such agreement which is so recorded or (as the case may be) to any restriction, prohibition or obligation to which that provision relates.
Neither— shall apply to an agreement under this section. Section 84 of the Law of Property Act 1925 (c. 20) (power ... to discharge or modify restrictive covenant) shall not apply to an agreement under this section.
section 84 of the Law of Property Act 1925 (power of Lands Tribunal to discharge or modify restrictive covenants); nor
sections 1 and 2 of the Conveyancing and Feudal Reform (Scotland) Act 1970 (power of Lands Tribunal for Scotland to vary or discharge land obligations);
Nothing in any agreement under this section to which the Secretary of State is a party shall be construed as operating as a scheduled monument consent.
References to an ancient monument in subsection (1A) above, and in subsection (3) above so far as it applies for the purposes of subsection (1A), shall be construed as if the reference in section 61(12)( b ) of this Act to the Secretary of State were to the Commission.
References to an ancient monument in subsection (2A), and in subsection (3) so far as it applies for the purposes of subsection (2A), are to be construed as if the reference in section 61(12)(b) of this Act to the Secretary of State were to Historic Environment Scotland.
References in this section to an ancient monument situated in England include any such monument situated in, on or under the seabed within the seaward limits of the United Kingdom territorial waters adjacent to England; and an order under section 33(10) of the National Heritage Act 1983 (orders determining limits of waters adjacent to England) applies for the purposes of this subsection as it applies for the purposes of section 33(9) of that Act.
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Subject to section 12 of this Act, a person may establish guardianship of any land under subsection (1) or (1A) or (2) of that section or join in executing a guardianship deed for the purposes of that section notwithstanding that he is a limited owner of the land.
A person may— notwithstanding that he is a limited owner of the land.
grant any easement, servitude or other right over land which the Secretary of State or the Commission or any local authority are authorised to acquire under section 16 of this Act; or
enter into an agreement under section 17 of this Act with respect to any land;
For the purposes of this section—
a body corporate or corporation sole is a limited owner of any land in which it has an interest; and
any other persons are limited owners of land in which they have an interest only if they hold that interest in one or other of the capacities mentioned in subsection (4) below.
The capacities referred to in subsection (3)(b) above are the following—
as tenant for life or statutory owner within the meaning of the Settled Land Act 1925;
as trustees of land;
as liferenter or heir of entail in possession (in Scotland); and
as trustees for charities or as commissioners or trustees for ecclesiastical, collegiate or other public purposes.
The Trusts (Scotland) Act 1921 shall have effect as if among the powers conferred on trustees by section 4 of that Act (general powers of trustees) there were included a power to do any of the following acts in relation to the trust estate or any part of it, that is to say—
to execute a guardianship deed;
to grant any servitude or other right which the Secretary of State or any local authority are authorised to acquire under section 16 of this Act; and
to enter into an agreement under section 17 of this Act.
Subject to subsection (7) below, where a person who is a limited owner of any land by virtue of holding an interest in the land in any of the capacities mentioned in subsection (4) above executes a guardianship deed in relation to the land the guardianship deed shall bind every successive owner of any estate or interest in the land.
Where the land to which a guardianship deed relates is at the date of the deed subject to any incumbrance not capable of being overreached by the limited owner in exercise of any powers of sale or management conferred on him by law or under any settlement or other instrument, the deed shall not bind the incumbrancer.
Subject to subsection (9) below, where an agreement under section 17 of this Act to which a limited owner is a party expressly provides that the agreement as a whole or any restriction, prohibition or obligation arising thereunder is to be binding on his successors (but not otherwise), subsections (6) and (7) above shall apply to the agreement or (as the case may be) to the restriction, prohibition or obligation in question as they apply to a guardianship deed.
Subsection (8) above does not apply to an agreement relating to any land in Scotland unless it is recorded in the Register of Sasines.
Subject to section 12 of this Act, a person may establish guardianship of any land under subsection (1) or (1A) or (2) of that section or join in executing a guardianship deed for the purposes of that section notwithstanding that he is a limited owner of the land.
A person may— notwithstanding that he is a limited owner of the land.
grant any easement, servitude or other right over land which the Secretary of State or the Commission or any local authority are authorised to acquire under section 16 of this Act; or
enter into an agreement under section 17 of this Act with respect to any land;
For the purposes of this section—
a body corporate or corporation sole is a limited owner of any land in which it has an interest; and
any other persons are limited owners of land in which they have an interest only if they hold that interest in one or other of the capacities mentioned in subsection (4) below.
The capacities referred to in subsection (3)(b) above are the following—
as tenant for life or statutory owner within the meaning of the Settled Land Act 1925;
as trustees for sale within the meaning of the Law of Property Act 1925;
as liferenter ... in possession (in Scotland); and
as trustees for charities or as commissioners or trustees for ecclesiastical, collegiate or other public purposes.
The Trusts (Scotland) Act 1921 shall have effect as if among the powers conferred on trustees by section 4 of that Act (general powers of trustees) there were included a power to do any of the following acts in relation to the trust estate or any part of it, that is to say—
to execute a guardianship deed;
to grant any servitude or other right which the Secretary of State or any local authority are authorised to acquire under section 16 of this Act; and
to enter into an agreement under section 17 of this Act.
Subject to subsection (7) below, where a person who is a limited owner of any land by virtue of holding an interest in the land in any of the capacities mentioned in subsection (4) above executes a guardianship deed in relation to the land the guardianship deed shall bind every successive owner of any estate or interest in the land.
Where the land to which a guardianship deed relates is at the date of the deed subject to any incumbrance not capable of being overreached by the limited owner in exercise of any powers of sale or management conferred on him by law or under any settlement or other instrument, the deed shall not bind the incumbrancer.
Subject to subsection (9) below, where an agreement under section 17 of this Act to which a limited owner is a party expressly provides that the agreement as a whole or any restriction, prohibition or obligation arising thereunder is to be binding on his successors (but not otherwise), subsections (6) and (7) above shall apply to the agreement or (as the case may be) to the restriction, prohibition or obligation in question as they apply to a guardianship deed.
Subsection (8) above does not apply to an agreement relating to any land in Scotland unless it is recorded in the Register of Sasines.
Where it appears to Historic Environment Scotland that— it may, if it considers it expedient having regard to the effect of the works on the character of the monument as one of national importance, serve a notice under this section (in this Act referred to as a “scheduled monument enforcement notice”).
any works have been, or are being, executed to a scheduled monument or to land in, on or under which there is a scheduled monument, and
the works are such as to involve a contravention of section 2(1) or (6),
A scheduled monument enforcement notice must specify the alleged contravention and must (either or both)—
specify any works falling within subsection (1) which Historic Environment Scotland requires to cease,
require steps falling within subsection (3) and specified in the notice to be taken.
Those steps are—
for restoring the monument or land to its former state,
if Historic Environment Scotland considers that restoration to its former state would not be reasonably practicable or would be undesirable, for executing such further works specified in the notice as it considers are required to alleviate in a manner acceptable to it the effect of the works which were carried out without scheduled monument consent, or
for bringing the monument or land to the state it would have been in if the conditions of any scheduled monument consent for the works had been complied with.
In considering whether restoration is undesirable under subsection (3)(b), Historic Environment Scotland is to have regard to the desirability of preserving—
the national importance of the monument,
its features of historical, architectural, traditional, artistic or archaeological interest.
Where further works of a kind mentioned in subsection (3)(b) have been carried out on a monument or land, scheduled monument consent is treated as having been granted in respect of the works carried out on that monument or land.
A scheduled monument enforcement notice—
must specify the date on which it is to take effect and, subject to section 9C(3), takes effect on that date, and
must specify the period (the “period for compliance”) within which— and may specify different periods for different works or steps.
any works required to cease must cease,
any steps required to be taken must be taken,
Where different periods apply to different works or steps, references in this Act to the period for compliance with a scheduled monument enforcement notice, in relation to any works or step, are to the period within which the works are required to cease or the step is required to be taken.
The date specified in the notice under subsection (1)(a) must be at least 28 days after the date on which the notice is served.
A copy of a scheduled monument enforcement notice must be served—
on the owner, the lessee and the occupier of the monument to which it relates and of the land in, on or under which the monument is situated,
on any other person having an interest in the monument or land, being an interest which in the opinion of Historic Environment Scotland is materially affected by the notice.
Historic Environment Scotland may, at any time—
withdraw a scheduled monument enforcement notice (without prejudice to its power to issue another), or
waive or relax any requirement of such a notice and, in particular, extend the period for compliance.
Historic Environment Scotland must, immediately after exercising the powers conferred by subsection (5), give notice of the exercise to every person who has been served with a copy of the scheduled monument enforcement notice or would, if the notice were reissued, be served with a copy of it.
Historic Environment Scotland must—
publish by electronic means (as for example by means of the internet) a list containing particulars of any monument in respect of which a scheduled monument enforcement notice has been served, and
on request, provide a copy of a scheduled monument enforcement notice.
A person on whom a scheduled monument enforcement notice is served or any other person having an interest in the monument to which it relates or the land in, on or under which it is situated may, at any time before the date specified in the notice as the date on which it is to take effect, appeal to the Scottish Ministers on any of the grounds in subsection (2).
Those grounds are—
that the monument is not of national importance,
that the matters alleged to constitute a contravention of section 2(1) or (6) have not occurred,
that those matters (if they occurred) do not constitute such a contravention,
that—
works to the monument or land were urgently necessary in the interests of safety or health,
it was not practicable to secure safety or health by works of repair or works for affording temporary support or shelter, and
the works carried out were limited to the minimum measures immediately necessary,
that scheduled monument consent ought to be granted for the works, or that any relevant condition of such consent which has been granted ought to be discharged, or different conditions substituted,
that copies of the notice were not served as required by section 9B(4),
except in relation to such a requirement as is mentioned in section 9A(3)(b) or (c), that the requirements of the notice exceed what is necessary for restoring the monument or land to its condition before the works were carried out,
that the period for compliance for any works or step falls short of what should reasonably be allowed.
that the steps required by the notice for the purpose of restoring the character of the monument or land to its former state would not serve that purpose,
that the cessation of any works required by the notice exceeds what is necessary to remedy the contravention of section 2(1) or (6),
that steps required to be taken by virtue of section 9A(3)(b) exceed what is necessary to alleviate the effect of the works executed to the monument or land,
that steps required to be taken by virtue of section 9A(3)(c) exceed what may reasonably be required to bring the monument or land to the state in which it would have been if the scheduled monument consent had been complied with.
An appeal under this section is to be made by giving written notice of the appeal to the Scottish Ministers before the date specified in the scheduled monument enforcement notice as the date on which it is to take effect.
Where an appeal is brought under this section the notice is of no effect until the appeal is withdrawn or finally determined.
A person who gives notice of appeal under this section must submit to the Scottish Ministers, either when giving the notice or within such time as may be prescribed, a statement in writing—
specifying the grounds on which the appeal is made,
giving such further information as may be prescribed.
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On determining an appeal under section 9C, the Scottish Ministers may give directions for giving effect to the determination, including where appropriate directions for quashing the scheduled monument enforcement notice.
On such an appeal the Scottish Ministers may if they are satisfied that the correction or variation will not cause injustice to the appellant or to Historic Environment Scotland—
correct any defect, error or misdescription in the scheduled monument enforcement notice, or
vary the terms of the notice.
In a case where it would otherwise be a ground for determining the appeal in favour of the appellant that a person required by section 9B(4) to be served with a copy of the notice was not served, the Scottish Ministers may disregard that fact if they are satisfied that the person has not been substantially prejudiced by the failure.
The Scottish Ministers may—
dismiss such an appeal if the appellant fails to comply with section 9C(3A) within the prescribed time,
allow such an appeal or quash the scheduled monument enforcement notice if Historic Environment Scotland fails to comply within the prescribed period with any requirement imposed by regulations made by virtue of section 9CB(1).
On the determination of an appeal under section 9C the Scottish Ministers may—
grant scheduled monument consent for the works to which the scheduled monument enforcement notice relates,
discharge any condition subject to which such consent was granted and substitute any other condition, whether more or less onerous, or
direct Historic Environment Scotland to exercise its power under section 1(5) to modify the Schedule to give effect to that determination.
Any scheduled monument consent granted by the Scottish Ministers under subsection (5)(a) is to be treated as granted under section 2(3).
Except as provided for by section 55, the decision of the Scottish Ministers on an appeal under section 9C is final.
The Scottish Ministers may by regulations make provision in connection with appeals under section 9C, including provision about the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal.
Regulations under subsection (1) may also make provision about the procedure to be followed, including—
the form, manner and time for making an appeal,
the notification of an appeal,
the manner in which an appeal is to be conducted.
Regulations made by virtue of subsection (2)(c) may also include provision that the manner in which an appeal, or any stage of an appeal, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard) is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act).
Schedule 1A (which makes provision about the determination of certain appeals by a person other than the Scottish Ministers) applies to appeals under section 9C.
If any steps specified in the scheduled monument enforcement notice have not been taken within the period for compliance with the notice, Historic Environment Scotland may—
enter on the land in, on or under which the scheduled monument is situated and take those steps, and
recover from the person who is then the owner or lessee of the monument or land any expenses reasonably incurred by it in doing so.
Where a scheduled monument enforcement notice has been served in respect of a monument— are to be treated as incurred or paid for the use and at the request of the person who carried out the works to which the notice relates.
any expenses incurred by the owner, lessee or occupier of a monument or the land in, on or under which it is situated for the purpose of complying with it, and
any sums paid by the owner or lessee of a monument or land under subsection (1) in respect of expenses incurred by Historic Environment Scotland in taking steps required by the notice ,
If on a complaint by the owner of any scheduled monument or land it appears to the sheriff that the occupier of the monument or land is preventing the owner from carrying out work required to be carried out by a scheduled monument enforcement notice, the sheriff may by warrant authorise the owner to enter the land and carry out the work.
If Historic Environment Scotland takes steps under subsection (1) it may sell any materials removed by it from the monument or land unless those materials are claimed by the owner within 3 days of their removal.
After selling the materials Historic Environment Scotland must pay the proceeds to the owner less the expenses recoverable by it from the owner.
Where Historic Environment Scotland seeks , under subsection (1), to recover any expenses from a person on the basis that the person is the owner of the scheduled monument or land, and the person proves that— the person's liability is limited to the total amount of the money which the person has or has had in the person's hands on behalf of that other person.
the person is receiving the rent in respect of the monument or land merely as trustee, tutor, curator, factor or agent of some other person, and
the person has not, and since the date of the service of the demand for payment has not had, in the person's hands on behalf of that other person sufficient money to discharge the whole demand of Historic Environment Scotland ,
If by reason of subsection (6) Historic Environment Scotland has not recovered the whole of any such expenses from a trustee, tutor, curator, factor or agent it may recover any unpaid balance from the person on whose behalf the rent is received.
Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Where, after the end of the period for compliance with a scheduled monument enforcement notice, any works required by the notice to cease have not ceased or any step required by the notice has not been taken, the person who is for the time being owner of the scheduled monument or of the land in, on or under which it is situated is in breach of the notice.
If at any time the owner of the monument or land is in breach of a scheduled monument enforcement notice the owner is guilty of an offence.
An offence under this section may be charged by reference to any day or longer period of time.
A person may, in relation to the same scheduled monument enforcement notice, be convicted of more than one offence under this section by reference to different days or different periods.
In proceedings against any person for an offence under this section, it is a defence for the person to show that—
the person did everything the person could be expected to do to secure that all works required by the notice to cease were ceased or that all the steps required by the notice were taken, or
the person was not served with a copy of the notice and was not aware of its existence.
A person guilty of an offence under this section is liable—
on summary conviction, to a fine not exceeding £20,000, and
on conviction on indictment, to a fine.
In determining the amount of any fine to be imposed, the court is in particular to have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.
If, after the issue of a scheduled monument enforcement notice, consent is granted under section 2(3A)— the notice ceases to have effect in so far as such work is or such works are required by the notice to cease, or in so far as it requires steps to be taken involving the works not being retained or, as the case may be, for complying with that condition.
for the retention of any work to which the notice relates, or
permitting the retention of works without complying with some condition subject to which a previous scheduled monument consent was granted,
The fact that a scheduled monument enforcement notice has wholly or partly ceased to have effect under subsection (1) does not affect the liability of any person for an offence in respect of a previous failure to comply with it. Stop notices
If it appears to the Scottish Ministers that it is expedient that a scheduled monument enforcement notice should be served in respect of any monument or land in, on or under which there is a scheduled monument, they may serve such a notice under section 9A.
A scheduled monument enforcement notice served by the Scottish Ministers has the same effect as if it had been served by Historic Environment Scotland.
The Scottish Ministers must not serve such a notice without consulting Historic Environment Scotland.
The provisions of this Act relating to scheduled monument enforcement notices apply, so far as relevant, to a scheduled monument enforcement notice served by the Scottish Ministers as they apply to a scheduled monument enforcement notice served by Historic Environment Scotland, but with the substitution for any reference to Historic Environment Scotland of a reference to the Scottish Ministers, and any other necessary modifications.
Subsection (2) applies where Historic Environment Scotland considers it expedient that any relevant works should cease before the expiry of the period for compliance with a scheduled monument enforcement notice.
Historic Environment Scotland may, when it serves the copy of the scheduled monument enforcement notice or afterwards, serve a notice (in this Act referred to as a “stop notice”) prohibiting the execution of the relevant works to the scheduled monument to which the enforcement notice relates, or to land in, on or under which the monument is situated, or to any part of the monument or land specified in the stop notice.
In this section and sections 9H and 9I, “relevant works” means any works specified in the scheduled monument enforcement notice as works which Historic Environment Scotland requires to cease and any works carried out as part of, or associated with, such works.
A stop notice may not be served if the scheduled monument enforcement notice has taken effect.
A stop notice must specify the date when it is to come into effect, and that date—
must not be earlier than 3 days after the date when the notice is served, unless Historic Environment Scotland considers that there are special reasons for specifying an earlier date and a statement of those reasons is served with the stop notice, and
must not be later than 28 days from the date when the notice is first served on any person.
A stop notice may be served by Historic Environment Scotland on any person who appears to it to have an interest in the monument or the land in, on or under which it is situated or who is executing, or causing to be executed, the relevant works specified in the scheduled monument enforcement notice.
Historic Environment Scotland may at any time withdraw a stop notice (without prejudice to its power to serve another) by notice which must be—
served on all persons who were served with the stop notice, and
publicised by displaying it for 7 days in place of all or any site notices (within the meaning of section 9H(3)).
A stop notice ceases to have effect when— whichever occurs first.
the scheduled monument enforcement notice to which it relates is withdrawn or quashed,
the period for compliance expires, or
notice of the withdrawal of the stop notice is served under section 9G(7),
Where a requirement of the scheduled monument enforcement notice to which a stop notice relates is waived or relaxed by virtue of section 9B(5) so that the scheduled monument enforcement notice no longer relates to any relevant works, the stop notice ceases to have effect in relation to those works.
Where a stop notice has been served in respect of a scheduled monument Historic Environment Scotland may publicise it by displaying on the land in, on or under which the monument is situated or on the monument (except where doing so might damage it) a notice (in this section and in sections 6 and 9J referred to as a “site notice”)—
stating that a stop notice has been served on a particular person or persons,
indicating its requirements, and
stating that any person contravening it may be prosecuted for an offence under section 9J.
A stop notice is not invalid by reason that a copy of the scheduled monument enforcement notice to which it relates was not served as required by section 9B if it is shown that Historic Environment Scotland took all such steps as were reasonably practicable to effect proper service.
If it appears to the Scottish Ministers that it is expedient that a stop notice should be served in respect of any monument or land in, on or under which there is a scheduled monument, they may serve such a notice under section 9G.
A stop notice served by the Scottish Ministers has the same effect as if it had been served by Historic Environment Scotland.
The Scottish Ministers must not serve such a notice without consulting Historic Environment Scotland.
The provisions of this Act relating to stop notices apply, so far as relevant, to a stop notice served by the Scottish Ministers as they apply to a stop notice served by Historic Environment Scotland, but with the substitution for any reference to Historic Environment Scotland of a reference to the Scottish Ministers, and any other necessary modifications.
Where a stop notice ceases to have effect a person who, when the notice is first served, has an interest (whether as owner or occupier or otherwise) in the scheduled monument to which the notice relates or the land in, on or under which the monument is situated is entitled to be compensated by Historic Environment Scotland in respect of any loss or damage falling within subsection (2).
That is loss or damage directly attributable to—
the prohibition contained in the stop notice, or
in a case within subsection (3)(b), the prohibition of such of the works prohibited by the stop notice as cease to be relevant works.
For the purposes of this section, a stop notice ceases to have effect when—
the scheduled monument enforcement notice is quashed,
a requirement of the scheduled monument enforcement notice is waived or relaxed by virtue of section 9B(5) so that any works the execution of which are prohibited by the stop notice cease to be relevant works,
the scheduled monument enforcement notice is withdrawn by Historic Environment Scotland otherwise than in consequence of the grant by it of scheduled monument consent for the works to which the notice relates, or
the stop notice is withdrawn.
The loss or damage in respect of which compensation is payable under this section in respect of a prohibition includes any sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the prohibition.
No compensation is payable under this section—
in respect of the prohibition in a stop notice of any works which, at any time when the notice is in force, are such as to involve a contravention of section 2(1) or (6), or
in the case of a claimant who was required to provide information under section 57 (power to require information as to interests in land) in respect of any loss or damage suffered by the claimant which could have been avoided if the claimant had provided the information or had otherwise co-operated with Historic Environment Scotland when responding to the notice.
A person who contravenes a stop notice after a site notice has been displayed, or after the stop notice has been served on the person, is guilty of an offence.
Contravention of a stop notice includes causing or permitting its contravention.
An offence under this section may be charged by reference to any day or longer period of time.
A person may, in relation to the same stop notice, be convicted of more than one offence under this section by reference to different days or different periods.
It is a defence in any proceedings under this section that—
the stop notice was not served on the accused, and
the accused had no reasonable cause to believe that the works were prohibited by the stop notice.
A person guilty of an offence under this section is liable—
on summary conviction, to a fine not exceeding £20,000, and
on conviction on indictment, to a fine.
In determining the amount of the fine, the court is in particular to have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.
Subject to sections 13(2A) and 15(3A) of this Act and to the following provisions of this section, the public shall have access to any monument under the ownership or guardianship of the Secretary of State or the Commission or any local authority by virtue of this Act.
The Secretary of State and the Commission and any local authority may nevertheless control the times of normal public access to any monument under their ownership or guardianship by virtue of this Act and may also, if they consider it necessary or expedient to do so in the interests of safety or for the maintenance or preservation of the monument, entirely exclude the public from access to any such monument or to any part of it, for such period as they think fit: Provided that—
the power of a local authority under this subsection to control the times of normal public access to any monument shall only be exercisable by regulations under this section; and
the power of a local authority under this subsection entirely to exclude the public from access to any monument with a view to its preservation shall only be exercisable with the consent of the Secretary of State.
The Secretary of State and any local authority may by regulations under this subsection regulate public access to any monument, or to all or any of the monuments, under their ownership or guardianship by virtue of this Act and any such regulations made by the Secretary of State may also apply to any monument, or to all or any of the monuments, under his control or management for any other reason.
Without prejudice to the generality of subsection (3) above, regulations made by the Secretary of State or a local authority under that subsection may prescribe the times when the public are to have access to monuments to which the regulations apply and may make such provision as appears to the Secretary of State or to the local authority in question to be necessary for— and may prescribe charges for the admission of the public to any such monument or to any class or description of monuments to which the regulations apply.
the preservation of any such monument and its amenities or of any property of the Secretary of State or local authority; and
prohibiting or regulating any act or thing which would tend to injure or disfigure any such monument or its amenities or to disturb the public in their enjoyment of it;
Without prejudice to subsections (3) and (4) above, the Secretary of State and the Commission and any local authority shall have power to make such charges as they may from time to time determine for the admission of the public to any monument under their ownership or guardianship by virtue of this Act or (in the case of the Secretary of State) to any monument otherwise under his control or management.
Notwithstanding subsection (1) above, any person authorised in that behalf by the Secretary of State or by the Commission or by a local authority may refuse admission— to any person he has reasonable cause to believe is likely to do anything which would tend to injure or disfigure the monument or its amenities or to disturb the public in their enjoyment of it.
to any monument under the ownership or guardianship of the Secretary of State or the Commission or that local authority (as the case may be) by virtue of this Act; or
(in the case of the Secretary of State) to any monument otherwise under his control or management;
If any person contravenes or fails to comply with any provision of any regulations under this section, he shall be liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding level 2 on the standard scale.
Regulations made by a local authority under this section shall not take effect unless they are submitted to and confirmed by the Secretary of State, and the Secretary of State may confirm any such regulations either with or without modifications.
In relation to any monument under guardianship, subsection (1) above is subject to any provision to the contrary in the guardianship deed.
The Secretary of State and the Commission and any local authority may provide such facilities and information or other services for the public for or in connection with affording public access— as appear to them to be necessary or desirable.
to any monument under their ownership or guardianship by virtue of this Act; or
(in the case of the Secretary of State) to any monument otherwise under his control or management;
Facilities and information or other services for the public may be provided under this section in or on the monument itself or on any land associated with the monument.
The Secretary of State and the Commission and any local authority shall have power to make such charges as they may from time to time determine for the use of any facility or service provided by them for the public under this section.
The Secretary of State and the Commission and any local authority may provide such facilities and information or other services for the public ...— as appear to them to be necessary or desirable.
in or on any monument under their ownership or guardianship by virtue of this Act; or
(in the case of the Secretary of State) in or on any monument otherwise under his control or management;
In subsection (1), references to a monument include references to any land associated with the monument.
The facilities and services which may be provided for the public under this section include—
facilities and information or other services for or in connection with affording public access to the monument, and
facilities for the sale of goods and the provision of other services.
The Secretary of State and the Commission and any local authority shall have power to make such charges as they may from time to time determine for the use of any facility or service provided by them for the public under this section.
Where it appears to Historic Environment Scotland that— it may, if it considers it expedient to do so having regard to the effect of the works on the character of the monument as one of national importance, issue a temporary stop notice.
any works have been, or are being, executed to a scheduled monument or to land in, on or under which there is a scheduled monument,
the works are such as to involve a contravention of section 2(1) or (6), and
it is expedient that the works are (or any part of the works is) stopped immediately,
The notice must be given in writing and must—
specify the works in question,
prohibit execution of the works (or so much of the works as is specified in the notice), and
set out Historic Environment Scotland's reasons for issuing the notice.
A temporary stop notice may be served on any of the following—
a person who appears to Historic Environment Scotland to be executing, or causing to be executed, the works,
a person who appears to Historic Environment Scotland to have an interest in the scheduled monument or the land in, on or under which the monument is situated (whether as owner or occupier or otherwise).
Historic Environment Scotland must display on the land in, on or under which the monument is situated or on the monument (except where doing so might damage it)—
a copy of the notice, and
a statement as to the effect of section 9M.
A temporary stop notice has effect from the time a copy of it is first displayed in pursuance of subsection (4).
A temporary stop notice ceases to have effect at the end of the period of 28 days starting on the day the copy notice is so displayed.
But if a shorter period starting on that day is specified in the notice, the notice instead ceases to have effect at the end of that shorter period.
And if the notice is withdrawn by Historic Environment Scotland before that period of 28 days (or, as the case may be, that shorter period) expires, the notice ceases to have effect on being so withdrawn.
A second or subsequent temporary stop notice must not be issued in respect of the same works unless Historic Environment Scotland has in the meantime taken some other enforcement action in relation to the contravention of section 2(1) or (6) which is constituted by the works.
In subsection (1), “enforcement action” includes obtaining the grant of an interdict under section 9O.
A person who contravenes a temporary stop notice— is guilty of an offence.
which has been served on the person, or
a copy of which has been displayed in pursuance of section 9K(4),
Contravention of a temporary stop notice includes causing or permitting its contravention.
An offence under this section may be charged by reference to a day or to a longer period of time.
A person may, in relation to the same temporary stop notice, be convicted of more than one offence under this section by reference to different days or different periods.
It is a defence in any proceedings under this section that—
the temporary stop notice was not served on the accused, and
the accused did not know, and could not reasonably have been expected to know, of its existence.
A person guilty of an offence under this section is liable—
on summary conviction, to a fine not exceeding £20,000,
on conviction on indictment, to a fine.
In determining the amount of the fine, the court is in particular to have regard to any financial benefit which has accrued or appears likely to accrue to the convicted person in consequence of the execution of the works which constituted the offence.
A person who, at the date on which a temporary stop notice is first displayed in pursuance of section 9K(4), has an interest (whether as owner or occupier or otherwise) in the scheduled monument to which the notice relates or the land in, on or under which the monument is situated is entitled to be compensated by Historic Environment Scotland in respect of any loss or damage directly attributable to the prohibition effected by that notice.
But subsection (1) applies only if the circumstances are as set out in one or both of the following paragraphs—
the works specified in the notice are authorised by scheduled monument consent granted on or before the date mentioned in that subsection,
Historic Environment Scotland withdraws the notice other than following such grant of scheduled monument consent as is mentioned in paragraph (a).
Subsections (4) and (5) of section 9I apply to compensation payable under this section as they apply to compensation payable under that section; and for the purpose of that application references in subsection (5) of that section to a stop notice are to be taken to be references to a temporary stop notice.
Subject to subsection (2) below, the Secretary of State and the Commission and any local authority may, in respect of any monument of which they are the owners or guardians by virtue of this Act or any land associated with any such monument, enter into and carry into effect any agreements for the transfer— of that monument or land or (as the case may be) of the guardianship of that monument or land.
from the Secretary of State to the local authority;
from the local authority to the Secretary of State; or
from the local authority to another local authority; or
from the Secretary of State to the Commission; or
from the Commission to the Secretary of State; or
from the Commission to the local authority; or
from the local authority to the Commission;
Where the Secretary of State or the Commission or the local authority in question are guardians of a monument or associated land, they may not enter into an agreement under this section with respect to that monument or land without the consent of the persons who are for the time being immediately affected by the operation of the guardianship deed.
The Commission may not enter into an agreement under subsection (1) above in respect of a monument or land not situated in England.
The Secretary of State may not enter into an agreement mentioned in subsection (1)( a ) or ( b ) above in respect of a monument or land situated in England without consulting the Commission.
The Commission may not enter into an agreement mentioned in subsection (1)( f ) above without consulting the Secretary of State.
The Commission may not enter into an agreement mentioned in subsection (1)( g ) above without the consent of the Secretary of State.
Whether or not Historic Environment Scotland has exercised or proposes to exercise any of its other powers under this Act, it may seek to restrain or prevent any actual or apprehended breach of any of the controls provided by or under this Act on the execution of works affecting scheduled monuments by means of an application for interdict.
Whether or not the Scottish Ministers have exercised or propose to exercise any of their powers under this Act, they may seek to restrain or prevent any actual or apprehended breach of any of the controls provided by or under this Act on the execution of works affecting scheduled monuments by means of an application for interdict.
On an application under subsection (1) or (1A) the court may grant such interdict as it thinks appropriate for the purpose of restraining or preventing the breach.
In this section “the court” means the Court of Session or the sheriff.
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The advisory boards constituted under section 15 of the Ancient Monuments Consolidation and Amendment Act 1913 shall continue to exist under the names by which they were respectively known immediately before the commencement of this Act, that is to say—
the Ancient Monuments Board for England;
the Ancient Monuments Board for Scotland ; and
the Ancient Monuments Board for Wales.
The Ancient Monuments Board for England shall consist of members representing the following bodies, that is to say— The Royal Commission on Historical Monuments (England) The Society of Antiquaries of London The Royal Academy of Arts The Royal Institute of British Architects The Trustees of the British Museum The British Academy and of such other members as the Secretary of State may appoint.
The Ancient Monuments Board for Scotland shall consist of members representing the following bodies, that is to say— The Royal Commission on the Ancient and Historical Monuments of Scotland The Royal Incorporation of Architects in Scotland The Society of Antiquaries of Scotland and of such other members as the Secretary of State may appoint.
The Ancient Monuments Board for Wales shall consist of members representing the following bodies, that is to say— The Royal Commission on Ancient and Historical Monuments (Wales) The National Museum of Wales The Cambrian Archaeological Association The Royal Institute of British Architects and of such other members as the Secretary of State may appoint.
References in this Act and in any other enactment to the Ancient Monuments Board shall be construed—
in relation to England, as references to the Ancient Monuments Board for England ;
in relation to Scotland, as references to the Ancient Monuments Board for Scotland ; and
in relation to Wales, as references to the Ancient Monuments Board for Wales.
It shall be the function of the Ancient Monuments Board to advise the Secretary of State with respect to the exercise of his functions under this Act, whether generally or in relation to any particular case or classes of case.
Without prejudice to the generality of subsection (6) above the Ancient Monuments Board may advise the Secretary of State with respect to any of the following, that is to say—
the inclusion of any monument in the Schedule under section 1 (3) of this Act;
the exclusion of any monument from the Schedule ;
the amendment of the entry in the Schedule relating to any monument;
the termination of guardianship by an agreement under section 14 of this Act; and
the disposal (in accordance with section 30 of this Act) of any land acquired under section 10, 11 or 21 of this Act.
The Secretary of State may by regulations under this section amend subsection (2), (3) or (4) above.
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Subject to subsection (3A) below the Secretary of State may defray or contribute towards the cost of the acquisition by any person of any ancient monument.
Subject to subsection (3A) below the Secretary of State may undertake, or assist in, or defray or contribute towards the cost of the removal of any ancient monument or of any part of any such monument to another place for the purpose of preserving it, and may at the request of the owner undertake, or assist in, or defray or contribute towards the cost of the preservation, maintenance and management of any ancient monument.
Subject to subsection (3A) below the Secretary of State may contribute towards the cost of the provision of facilities or services for the public by a local authority under section 20 of this Act.
Any local authority may at the request of the owner undertake, or assist in, or defray or contribute towards the cost of the preservation, maintenance and management of any ancient monument situated in or in the vicinity of their area.
As respects a monument situated in England, subsections (1) to (3) above shall apply as if “Commission” were substituted for “Secretary of State”.
No expenses shall be incurred by the Secretary of State or the Commission or any local authority under this section in connection with any monument which is occupied as a dwelling house by any person other than a person employed as the caretaker thereof or his family.
The reference in subsection (3A) above to a monument situated in England includes any monument situated in, on or under the seabed within the seaward limits of the United Kingdom territorial waters adjacent to England; and an order under section 33(10) of the National Heritage Act 1983 (orders determining limits of waters adjacent to England) applies for the purposes of this subsection as it applies for the purposes of section 33(9) of that Act.
References to an ancient monument in subsections (1) and (2) above, as amended by subsection (3A) above, shall be construed as if the reference in section 61(12)( b ) of this Act to the Secretary of State were to the Commission.
Subject to subsection (3A) below the Secretary of State may give advice with reference to the treatment of any ancient monument.
Subject to subsection (3A) below the Secretary of State may also, if in his opinion it is advisable, superintend any work in connection with any ancient monument if invited to do so by the owner, and shall superintend any such work, whether required to do so by the owner or not, in connection with any scheduled monument, if in his opinion it is advisable.
Subject to subsection (3A) below the Secretary of State may make a charge for giving advice and superintendence under this section or may give it free of charge, as he thinks fit.
As respects a monument situated in England, subsections (1) to (3) above shall apply as if “Commission” were substituted for “Secretary of State”, “their” for “his” (in each place) and “they think” for “he thinks”.
References to an ancient monument in subsections (1) and (2) above, as amended by subsection (3A) above, shall be construed as if the reference in section 61(12)(b) of this Act to the Secretary of State were to the Commission.
The Secretary of State may defray or contribute towards the cost of the acquisition by any person of any ancient monument.
The Secretary of State may undertake, or assist in, or defray or contribute towards the cost of the removal of any ancient monument or of any part of any such monument to another place for the purpose of preserving it, and may— the preservation, maintenance and management of any ancient monument.
at the request of the owner undertake, or assist in, or
defray or contribute towards the cost of,
The Secretary of State may contribute towards the cost of the provision of facilities or services for the public by a local authority under section 20 of this Act.
Any local authority may— the preservation, maintenance and management of any ancient monument situated in or in the vicinity of their area.
at the request of the owner undertake, or assist in, or
defray or contribute towards the cost of,
No expenses shall be incurred by the Secretary of State or any local authority under this section in connection with any monument which is occupied as a dwelling house by any person other than a person employed as the caretaker thereof or his family.
A person duly authorised in writing by the Secretary of State may at any reasonable time enter any land in, on or under which the Secretary of State knows or has reason to believe there is an ancient monument for the purpose of inspecting the land (including any building or other structure on the land) with a view to recording any matters of archaeological or historical interest.
Subject to subsection (3) below, a person entering any land in exercise of the power conferred by subsection (1) above may carry out excavations in the land for the purpose of archaeological investigation.
No excavation shall be made in exercise of the power conferred by subsection (2) above except with the consent of every person whose consent to the making of the excavation would be required apart from this section.
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For the purpose of assessing any compensation to which this section applies, the rules set out in section 5 of the Land Compensation Act 1961 or, in relation to land in Scotland, the rules set out in section 12 of the Land Compensation (Scotland) Act 1963 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.
This section applies to any compensation payable under section 7 or 9 of this Act in respect of any loss or damage consisting of depreciation of the value of an interest in land.
Where an interest in land is subject to a mortgage—
any compensation to which this section applies, which is payable in respect of depreciation of the value of that interest, shall be assessed as if the interest were not subject to the mortgage;
a claim for any such compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;
no compensation to which this section applies shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and
any compensation to which this section applies which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee, or, if there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.
Historic Environment Scotland may give advice with reference to the treatment of any ancient monument.
Historic Environment Scotland may also, if in its opinion it is advisable, superintend any work in connection with any ancient monument if invited to do so by the owner, and shall superintend any such work, whether required to do so by the owner or not, in connection with any scheduled monument, if in its opinion it is advisable.
Historic Environment Scotland may make a charge for giving advice and superintendence under this section or may give it free of charge, as it thinks fit.
A person who without lawful excuse destroys or damages any protected monument ...— shall be guilty of an offence.
knowing that it is a protected monument; and
intending to destroy or damage the monument or being reckless as to whether the monument would be destroyed or damaged;
This section applies to anything done by or under the authority of the owner of the monument, other than an act for the execution of excepted works, as it applies to anything done by any other person. In this subsection “excepted works” means works for which scheduled monument consent has been given under this Act (including any consent granted by order under section 3) or for which development consent has been granted.
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In this section “protected monument” means any scheduled monument and any monument under the ownership or guardianship of the Secretary of State or the Commission or a local authority by virtue of this Act.
A person guilty of an offence under this section shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or both; or
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
Where the owner or any other person is convicted of an offence involving damage to a monument situated in England and Wales which was at the time of the offence under the guardianship of the Secretary of State or the Commission or any local authority by virtue of this Act, any compensation order made under Chapter 2 of Part 7 of the Sentencing Code (compensation orders against convicted persons) in respect of that damage shall be made in favour of the Secretary of State or the Commission or the local authority in question (as the case may require).
A person duly authorised in writing by Historic Environment Scotland may at any reasonable time enter any land in, on or under which Historic Environment Scotland knows or has reason to believe there is an ancient monument for the purpose of inspecting the land (including any building or other structure on the land) with a view to recording any matters of archaeological or historical interest.
Subject to subsection (3) below, a person entering any land in exercise of the power conferred by subsection (1) above may carry out excavations in the land for the purpose of archaeological investigation.
Subject to subsection (4) below, no excavation shall be made in exercise of the power conferred by subsection (2) above except with the consent of every person whose consent to the making of the excavation would be required apart from this section.
Subsection (3) does not apply where—
land is, or is to be, excavated in exercise of the power conferred by subsection (2); and
Historic Environment Scotland knows or has reason to believe that any ancient monument it knows or believes to be in, on or under that land is or may be at risk of imminent damage or destruction.
Subject to the following provisions of this section, the Secretary of State or the Commission or any local authority may dispose of any land acquired by them under section 10, 11 or 21 of this Act.
A local authority shall consult with the Secretary of State before disposing of any land under this section.
The Secretary of State shall consult with the Commission before disposing of any land situated in England under this section.
Subject to subsection (4) below, where the land in question is or includes a monument, the Secretary of State or the Commission or the local authority (as the case may be) may only dispose of it on such terms as will in their opinion ensure the preservation of the monument.
The Commission shall consult with the Secretary of State before disposing of any land under this section.
Subsection (3) above does not apply in any case where the Secretary of State or the Commission or the local authority (as the case may be) are satisfied that it is no longer practicable to preserve the monument (whether because of the cost of preserving it or otherwise).
The Secretary of State , Historic Environment Scotland or any local authority may receive voluntary contributions for or towards the cost of any expenditure incurred by them under this Part of this Act (whether in relation to any particular monument or land or otherwise).
In this Part of this Act “maintenance” and “maintain” have the meanings given by section 13(7) of this Act, and expressions to which a meaning is given for the purposes of the Town and Country Planning Act 1990 or the Planning (Listed Buildings and Conservation Areas) Act 1990 or (as regards Scotland) for the purposes of the Town and Country Planning (Scotland) Act 1997 or the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 have the same meaning as in the said Acts of 1990 or (as the case may require) as in the said Acts of 1997.
References in this Part of this Act to a monument, in relation to the acquisition or transfer of any monument (whether under a power conferred by this Part of this Act or otherwise), include references to any interest in or right over the monument.
For the purposes of this Part of this Act the Secretary of State or the Commission or a local authority are the owners of a monument by virtue of this Act if the Secretary of State or the Commission or the local authority (as the case be) have acquired it under section 10, 11 or 21 of this Act.
A person who without reasonable excuse destroys or damages any protected monument shall be guilty of an offence if the person— ...
knew or ought to have known that it was a protected monument; and
intended to destroy or damage the monument or was reckless as to whether the monument would be destroyed or damaged;
This section applies to anything done by or under the authority of the owner of the monument, other than an act for the execution of excepted works, as it applies to anything done by any other person. In this subsection “excepted works” means works for which scheduled monument consent has been given under this Act (including any consent granted by order under section 3) or for which development consent has been granted.
In this section “protected monument” means any scheduled monument and any monument under the ownership or guardianship of the Secretary of State or the Commission or a local authority by virtue of this Act.
A person guilty of an offence under this section shall be liable—
on summary conviction, to a fine not exceeding £50,000 or to imprisonment for a term not exceeding six months or both; or
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
In determining the amount of any fine to be imposed on a person under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.
The Scottish Ministers may hold a local inquiry for the purposes of the exercise of any of their functions under this Part of this Act.
The Scottish Ministers must appoint a person to hold the inquiry and to report on it to them.
Subsections (4) to (13) of section 265 of the Town and Country Planning (Scotland) Act 1997 (c.8) apply to an inquiry held by virtue of subsection (1) as they apply to an inquiry held by virtue of subsection (1) of that section.
The Scottish Ministers may by regulations make provision as to the procedure to be followed in connection with inquiries or hearings conducted under or by virtue of this Act.
Regulations under subsection (1) may in particular make provision—
about the notification of an inquiry or hearing,
about the manner in which an inquiry or hearing is to be conducted,
as to procedure in connection with matters preparatory to such inquiries or hearings and in connection with matters subsequent to them.
The Secretary of State may from time to time by order designate as an area of archaeological importance any area which appears to him to merit treatment as such for the purposes of this Act ; but, where the area in question is situated in England, he shall consult with the Commission before doing so.
A local authority may from time to time by order designate as an area of archaeological importance any area within the area of that local authority which appears to them to merit treatment as such for the purposes of this Act ; but, where the area in question is situated in England, the authority shall first notify the Commission of their intention to do so.
An order under this section designating an area as an area of archaeological importance (whether made by the Secretary of State or by a local authority or by the Commission) is referred to below in this Act as a designation order.
The Secretary of State may at any time by order vary or revoke a designation order, but his power to vary such an order is confined to reducing the area designated by the order.
A designation order relating to an area in England ... shall be a local land charge.
Schedule 2 to this Act shall have effect with respect to the making, and with respect to the variation and revocation, of designation orders.
The Secretary of State may at any time appoint any person whom he considers to be competent to undertake archaeological investigations to exercise in relation to any area of archaeological importance the functions conferred by the following provisions of this Part of this Act on the investigating authority for an area of archaeological importance, and any such appointment shall be on such terms and for such period as the Secretary of State thinks fit.
A person’s appointment as investigating authority may be cancelled at any time by the Secretary of State ; but, where the appointment was made in relation to an area situated in England, he shall consult with the Commission before cancelling the appointment.
“possession” includes receipt of rents and profits or the right to receive rents and profits (if any);
On appointing or cancelling the appointment of any person as investigating authority for an area of archaeological importance, the Secretary of Sate shall notify each local authority in whose area the area of archaeological importance in question is wholly or partly situated ; and, if the area is wholly or partly situated in Greater London, he shall also notify the Commission.
Where there is for the time being no person holding appointment under this section as the investigating authority for an area of archaeological importance, the functions of the investigating authority for that area under this Part of this Act shall be exercisable by the Commission (in the case of an area situated in England) or the Secretary of State (in any other case).
A person duly authorised in writing by any person by whom the functions of an investigating authority under this Part of this Act are for the time being exercisable may act on his behalf in the exercise of those functions.
Subject to section 37 of this Act, if any person carries out, or causes or permits to be carried out, on land in an area of archaeological importance any operations to which this section applies— he shall be guilty of an offence.
without having first served a notice relating to those operations which complies with subsections (4) and (5) below; or
within six weeks of serving such a notice;
Subject to section 37 of this Act, this section applies to any of the following operations, that is to say—
operations which disturb the ground;
flooding operations; and
tipping operations.
In this Part of this Act the person carrying out or proposing to carry out any operations is referred to, in relation to those operations, as “the developer”, and a notice complying with subsections (4) and (5) below is referred to as an “operations notice”.
A notice required for the purposes of this section—
shall specify the operations to which it relates, the site on which they are to be carried out, the date on which it is proposed to begin them and, where the operations are to be carried out after clearance of the site, the developer’s estimated date for completion of the clearance operations;
shall be accompanied by a certificate in the prescribed form which satisfies the requirements of section 36 of this Act; and
shall be in the prescribed form.
A notice required for the purposes of this section shall be served by the developer—
in the case of land in England ... , on the district council or London borough council or (as the case may be) on each district council or London borough council in whose area the site of the operations is wholly or partly situated;
in the case of land in Scotland, on the local authority or (as the case may be) on each local authority in whose area the site of the operations is wholly or partly situated; or
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in a case where the developer is any such council or local authority, on the Secretary of State.
Regulations made by the Secretary of State may prescribe the steps to be taken by any council or local authority on whom an operations notice is served in accordance with subsection (5) above.
Where an operations notice is served with respect to operations which are to be carried out after clearance of any site, the developer shall notify the investigating authority for the area of archaeological importance in question of the clearance of the site immediately on completion of the clearance operations.
If in a case falling within subsection (7) above the developer carries out, or causes or permits to be carried out, any of the operations to which the operations notice relates without having first notified the investigating authority of the clearance of the site in accordance with that subsection, this section shall have effect in relation to those operations as if the operations notice had not been served.
A person guilty of an offence under this section shall be liable—
on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding the statutory maximum; or
on conviction on indictment to a fine.
Without prejudice to section 222 of the Local Government Act 1972, any such council as is mentioned in subsection (5)(a) above may institute proceedings for an offence under this section in respect of operations on any site situated partly in their area notwithstanding that the operations are confined to a part of the site outside their area; and if it appears to any such council or, in Scotland, to any local authority— that council or local authority may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction for the purpose of securing an injunction or interdict prohibiting those operations from being carried out in contravention of this section.
that any operations are being, or are about to be, carried out in contravention of this section on any site situated wholly or partly in their area; and
that the site contains or is likely to contain anything of archaeological or historical interest which will be disturbed, damaged, destroyed or removed without proper archaeological investigation if operations are carried out on the site without regard for the provisions of this Part of this Act;
This section shall have effect, in relation to any land within the Broads (as defined by the Norfolk and Suffolk Broads Act 1988), as if the Broads Authority were the district council (to the exclusion of the authority which is otherwise the district council for the area in question) and the Broads were its local authority area.
A person is qualified to issue a certificate for the purposes of section 35(4)(b) of this Act if he either—
has an interest in the site of the operations which (apart from any restrictions imposed by law) entitles him to carry out the operations in question; or
has a right to enter on and take possession of that site under section 11(1) ... of the Compulsory Purchase Act 1965 (powers of entry on land subject to compulsory purchase) or, in the case of a site in Scotland, under paragraph 3(1) of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.
Statutory undertakers are qualified to issue a certificate for the purposes of section 35(4)(b) of this Act if they are entitled by or under any enactment to carry out the operations in question.
Any such certificate—
shall be signed by or on behalf of a person or persons qualified in accordance with subsection (1) or (2) above to issue it;
shall state that the person issuing the certificate has an interest within paragraph (a) or (as the case may be) a right within paragraph (b) of subsection (1) above or, in the case of a certificate issued by statutory undertakers, shall state that it is so issued and specify the enactment by or under which they are entitled to carry out the operations in question; and
if the person issuing the certificate is not the developer, shall state that he has authorised the developer to carry out the operations.
If any person issues a certificate which purports to comply with the requirements of this section and which contains a statement which he knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding level 3 on the standard scale.
Section 35 of this Act does not apply to any operations carried out with the consent of the investigating authority for the area of archaeological importance in question.
The Secretary of State may by order direct that section 35 shall not apply to the carrying out, or to the carrying out by any class or description of persons specified in the order, of operations of any class or description so specified; and an exemption conferred by an order under this subsection may be either unconditional or subject to any conditions specified in the order.
The Secretary of State may direct that any exemption conferred by an order under subsection (2) above shall not apply to the carrying out on any land specified in the direction, or to the carrying out on any land so specified by any class or description of persons so specified, of operations of any class or description so specified, and may withdraw any direction given under this subsection.
A direction under subsection (3) above shall not take effect until notice of it has been served on the occupier or (if there is no occupier) on the owner of the land in question.
In any proceedings for an offence under section 35 consisting in carrying out, or causing or permitting to be carried out, any operations which disturb the ground, it shall be a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid or prevent disturbance of the ground.
In any proceedings for an offence under section 35 it shall be a defence for the accused to prove either—
that he did not know and had no reason to believe that the site of the operations was within an area of archaeological importance;
that the operations were urgently necessary in the interests of safety or health and that notice in writing of the need for the operations was given to the Secretary of State as soon as reasonably practicable.
Where an operations notice is served with respect to any operations, the investigating authority for the area of archaeological importance in which the site of the operations is situated shall thereupon have a right to enter, at any reasonable time, the site and any land giving access to the site, for either or both of the following purposes, that is to say—
for the purpose of inspecting the site (including any buildings or other structures on the site) with a view to recording any matters of archaeological or historical interest and determining whether it would be desirable to carry out any excavations in the site; and
for the purpose of observing any operations carried out on the site with a view to examining and recording any objects or other material of archaeological or historical interest, and recording any matters of archaeological or historical interest, discovered during the course of those operations.
Where— the investigating authority shall have a right to carry out excavations in the site for the purpose of archaeological investigation at any time during the period allowed for excavation in accordance with subsection (4) below.
an operations notice is served with respect to any operations; and
the investigating authority for the area of archaeological importance in which the site of the operations is situated serves notice in accordance with subsection (3) below of its intention to excavate the site;
The investigating authority shall only have a right to excavate the site of any operations in accordance with subsection (2) above if before the end of the period of four weeks beginning with the date of service of the operations notice the authority—
serves notice in the prescribed form of its intention to excavate on the developer; and
serves a copy of that notice on any council (in England ...) or local authority (in Scotland) served with the operations notice and also (unless the functions of the investigating authority are for the time being exercisable by the Secretary of State) on the Secretary of State; and
where the site in question is situated in England, serves a copy of that notice on the Commission (unless the investigating authority is for the time being the Commission).
The period allowed for excavation under subsection (2) above is the period of four months and two weeks beginning—
with the date immediately following the end of the period of six weeks beginning with the date of service of the operations notice; or
where the operations specified in the operations notice are to be carried out after clearance of the site, with the date of receipt of the notification of clearance of the site required under section 35(7) of this Act or with the date first mentioned in paragraph (a) above (whichever last occurs); or
with any earlier date agreed between the investigating authority and the developer.
Where— the investigating authority shall have a right to carry out excavations in the site for the purpose of archaeological investigation notwithstanding that the period allowed for excavation in accordance with subsection (4) above has not yet begun, but only if the authority does not thereby obstruct the execution on the site by the developer of clearance operations or any other operations to which section 35 of this Act does not apply.
the investigating authority has served notice of its intention to excavate the site in accordance with subsection (3) above; and
the period of six weeks beginning with the date of service of the operations notice has expired;
The investigating authority may at any reasonable time enter the site and any land giving access to the site for the purpose of exercising a right to excavate the site in accordance with subsection (2) or (5) above.
If operations to which the operations notice relates are carried out on the site at a time when the investigating authority has a right to excavate the site in accordance with subsection (2) or (5) above section 35 of this Act shall have effect in relation to those operations as if the operations notice had not been served (subject, however, to any exemption or defence conferred by or under section 37 of this Act).
The Secretary of State may at any time direct— and may vary or revoke any direction given under paragraph (a) above.
that an investigating authority shall comply with any conditions specified in the direction in exercising any of its powers under the preceding provisions of this section in relation to any site; or
that any such power shall cease to be exercisable by an investigating authority in relation to the whole or any part of any site;
On giving a direction under subsection (8) above the Secretary of State shall serve a copy of the direction on each of the following persons, that is to say— and on varying or revoking any such direction the Secretary of State shall notify the same persons (giving particulars of the effect of any variation).
the investigating authority;
any council (in England ...) or local authority (in Scotland) served with the operations notice in question;
the developer; and
any person other than the developer by whom the certificate accompanying the operations notice in accordance with section 35(4)(b) of this Act was issued;
If an authority possessing compulsory purchase powers notifies the investigating authority for any area of archaeological importance that it proposes to carry out, or to authorise someone else to carry out, on any site in the area, any operations of a description mentioned in section 35(2) of this Act (other than exempt operations), the investigating authority shall thereupon have a right to enter, at any reasonable time, the site and any land giving access to the site, for the purpose mentioned in section 38(1)(a) of this Act. In this subsection “exempt operations” means operations excluded from the application of section 35 by an order under section 37 of this Act.
The right of an investigating authority to enter any site by virtue of subsection (1) above shall cease at the end of the period of one month beginning with the day on which it is first exercised.
Section 38(8) of this Act shall apply in relation to the power of entry under this section as it applies in relation to the powers of an investigating authority under that section.
Section 38(9) of this Act shall not apply in relation to a direction under section 38(8) with respect to the exercise of the power of entry under this section, but on giving any such direction the Secretary of State shall serve a copy of the direction on each of the following persons, that is to say— and on varying or revoking any such direction the Secretary of State shall notify the same persons (giving particulars of the effect of any variation).
the investigating authority;
the authority possessing compulsory purchase powers; and
the owner and (if the owner is not the occupier) the occupier of the site in question; and
where the site in question is situated in England, the Commission (if the investigating authority is not the Commission);
In this section “authority possessing compulsory purchase powers” means any person or body of persons who could be or have been authorised to acquire an interest in land compulsorily.
Where an operations notice is served with respect to any operations—
any person duly authorised in writing by the Secretary of State may at any reasonable time enter the site of the operations for the purpose of inspecting the site (including any building or other structure on the site) and recording any matters of archaeological or historical interest observed in the course of that inspection; and
any person duly authorised in writing by the Royal Commission on Historical Monuments may at any reasonable time enter the site for the purpose of inspecting any building or other structure on the site and recording any matters of archaeological or historical interest observed in the course of that inspection.
In this Part of this Act—
“the developer” and “operations notice” have the meanings respectively given by section 35(3) of this Act;
references to a London borough council include references to the Common Council of the City of London;
references to operations on any land include references to operations in, under or over the land in question;
references to the clearance of any site are references to the demolition and removal of any existing building or other structure on the site and the removal of any other materials thereon so as to clear the surface of the land (but do not include the levelling of the surface or the removal of materials from below the surface); and
references to clearance operations are references to operations undertaken for the purpose of or in connection with the clearance of any site.
For the purposes of this Part of this Act, the investigating authority for an area of archaeological importance is the person for the time being holding appointment as such under section 34 of this Act or (if there is no such person) the Commission (in a case where the area is situated in England) or the Secretary of State (in any other case).
Historic Environment Scotland must compile and maintain (in such form as it thinks fit) an inventory of such gardens and designed landscapes as appear to it to be of national importance.
In subsection (1), references to gardens and designed landscapes are to grounds which have been laid out for artistic effect and, in appropriate cases, include references to any buildings, land, or water on, adjacent, or contiguous to such grounds.
Historic Environment Scotland may, from time to time, modify the inventory so as to—
add an entry relating to grounds mentioned in subsection (2);
remove an entry relating to such grounds;
amend an entry relating to such grounds (whether by excluding anything previously included as part of the grounds or adding anything not previously so included, or otherwise).
As soon as reasonably practicable after including any grounds in the inventory in exercise of its duty under subsection (1), or modifying the inventory under subsection (3), Historic Environment Scotland must—
inform— of the inclusion or modification; and
the owner of the grounds;
(if the owner is not the occupier) the occupier of the grounds; and
any local authority in whose area the grounds are situated,
where the grounds are so included, or the inventory is modified as mentioned in paragraph (a) or (c) of subsection (3), send to any person or any local authority informed under paragraph (a) of this subsection a copy of the entry or, as the case may be, of the amended entry in the inventory relating to the grounds.
Historic Environment Scotland must from time to time publish, in such manner as it thinks fit, a list of all the gardens and designed landscapes which are for the time being included in the inventory.
Historic Environment Scotland must compile and maintain (in such form as it thinks fit) an inventory of such battlefields as appear to it to be of national importance.
In this section, “battlefield” means—
an area of land over which a battle was fought; or
an area of land on which any significant activities relating to a battle occurred (whether or not the battle was fought over that area).
Subsections (3) to (5) of section 32A apply to an inventory compiled and maintained under subsection (1) of this section as they apply to an inventory compiled and maintained under subsection (1) of that section; and, for the purposes of that application, references to gardens and designed landscapes, and to grounds referred to by those expressions, are to be construed as references to a battlefield.
If a person uses a metal detector in a protected place without the written consent of the Commission (in a case of a place situated in England) ... he shall be guilty of an offence and liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding level 3 on the standard scale.
In this section—
Where the monument in question is situated in England, the Secretary of State shall consult with the Commission before entering into any such agreement. The Commission shall consult with the Secretary of State before entering into any such agreement.
he has any interest in the monument which would qualify him to establish guardianship of the monument under section 12 of this Act; and
he is not bound by the guardianship deed.
Section 35 does not apply to the carrying out of any operations for which development consent has been granted.
The Secretary of State shall consult with the Commission before he makes any regulations under this subsection in relation only to monuments situated in England.
The Secretary of State shall consult with the Commission before giving or withdrawing a direction under this subsection in relation to land situated in England.
“the Schedule” has the meaning given by section 1(1) of this Act;
Subject to the following provisions of this section, where the Secretary of State or the Commission or a local authority have become guardians of any monument under this Act, they may by agreement made with the persons who are for the time being immediately affected by the operation of the guardianship deed— but except as provided above the monument shall remain under guardianship (unless it is acquired by its guardians) until an occupier of the monument who is entitled to terminate the guardianship gives notice in writing to that effect to the guardians of the monument.
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Subject to subsection (4) below, a person who has— may, with the consent of the Secretary of State, constitute him by deed guardian of the monument.
an interest of any description mentioned in subsection (3) below in an ancient monument situated in England and Wales; or
any heritable interest in an ancient monument situated in Scotland;
exclude any part of the monument from guardianship; or
A consent granted by Historic Environment Scotland, the Secretary of State or the Commission for the purposes of this section may be granted either unconditionally or subject to conditions.
renounce guardianship of the monument;
If any person— fails to comply with any condition attached to the consent, he shall be guilty of an offence and liable, in a case falling within paragraph (a) above, to the penalty provided by subsection (1) above, and in a case falling within paragraph (b) above, to the penalty provided by subsection (3) above.
in using a metal detector in a protected place in accordance with any consent granted by Historic Environment Scotland, the Secretary of State or the Commission for the purposes of this section; or
in removing or otherwise dealing with any object which he has discovered by the use of a metal detector in a protected place in accordance with any such consent;
In any proceedings for an offence under subsection (1) above, it shall be a defence for the accused to show that he used the metal detector for a purpose other than detecting or locating objects of archaeological or historical interest.
In any proceedings for an offence under subsection (1) or (3) above, it shall be a defence for the accused to show that—
he had taken all reasonable steps to find out whether the place where he used the metal detector was a protected place ; and
he did not know and had no reason to believe that that place was a protected place.
On giving a direction under subsection (8) above in relation to a site situated in England the Secretary of State shall send a copy of the direction to the Commission (if the investigating authority is not the Commission).
On varying or revoking a direction given under subsection (8) above in relation to a site situated in England the Secretary of State shall notify the Commission (giving particulars of the effect of any variation) if the investigating authority is not the Commission.
The Secretary of State may by regulations under this section make such provision as appears to him necessary for prohibiting or regulating any act or thing which would tend to injure or disfigure any monument under the ownership or guardianship of the Commission by virtue of this Act or the monument’s amenities or to disturb the public in their enjoyment of it.
The Secretary of State shall consult with the Commission before he makes any regulations under subsection (4A) above.
If a person without written consent removes any object of archaeological or historical interest which he has discovered by the use of a metal detector in a protected place he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.
A consent granted by ... the Commission for the purposes of this section may be granted either unconditionally or subject to conditions.
If any person— fails to comply with any condition attached to the consent, he shall be guilty of an offence and liable, in a case falling within paragraph (a) above, to the penalty provided by subsection (1) above, and in a case falling within paragraph (b) above, to the penalty provided by subsection (3) above.
in using a metal detector in a protected place in accordance with any consent granted by ... the Commission for the purposes of this section; or
in removing or otherwise dealing with any object which he has discovered by the use of a metal detector in a protected place in accordance with any such consent;
In any proceedings for an offence under subsection (1) above, it shall be a defence for the accused to prove that he used the metal detector for a purpose other than detecting or locating objects of archaeological or historical interest.
In any proceedings for an offence under subsection (1) or (3) above ..., it shall be a defence for the accused to prove that he had taken all reasonable precautions to find out whether the place where he used the metal detector was a protected place and did not believe that it was.
“the Schedule” has the meaning given by section 1(1) of this Act;
If a person uses a metal detector in a protected place without the written consent of Historic Environment Scotland (in the case of a place situated in Scotland), of the Commission (in a case of a place situated in England) or of the Secretary of State (in any other case) he shall be guilty of an offence and liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding level 3 on the standard scale.
In this section—
“protected place” means any place which is either—
“prescribed” means prescribed by regulations made by the Secretary of State;
situated in an area of archaeological importance.
If a person without written consent removes any object of archaeological or historical interest which he has discovered by the use of a metal detector in a protected place he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.
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Any person authorised under this section may at any reasonable time enter any land in Scotland for the purpose of surveying it, or estimating its value, in connection with any proposal to acquire that or any other land under this Act or in connection with any claim for compensation under this Act in respect of any such acquisition.
A person is authorised under this section if he is an officer of the Valuation Office of the Inland Revenue Department or a person duly authorised in writing by the Secretary of State , Historic Environment Scotland or other authority proposing to make the acquisition which is the occasion of the survey or valuation or (as the case may be) from whom in accordance with this Act compensation in respect of the damage is recoverable.
Any person authorised under this section may at any reasonable time enter any land in England and Wales or Scotland for the purpose of surveying it, or estimating its value, in connection with any claim for compensation under this Act for any damage to that or any other land.
Subject to section 44(9) of this Act, the power to survey land conferred by this section shall be construed as including power to search and bore for the purposes of ascertaining the nature of the subsoil or the presence of minerals therein.
See section 172 of the Housing and Planning Act 2016 for a power to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land.
A person may not in the exercise of any power of entry under this Act, other than that conferred by section 43, enter any building or part of a building occupied as a dwelling house without the consent of the occupier.
Subject to the following provisions of this subsection, a person may not in the exercise of any power of entry under this Act demand admission as of right to any land which is occupied unless prior notice of the intended entry has been given to the occupier— This subsection does not apply in relation to the power of entry under section 5 of this Act ....
where the purpose of the entry is to carry out any works on the land (other than excavations in exercise of the power under section 26 or 38 of this Act), not less than fourteen days before the day on which admission is demanded; or
in any other case, not less than twenty-four hours before admission is demanded.
A person seeking to enter any land in exercise of any power of entry under this Act shall, if so required by or on behalf of the owner or occupier thereof, produce evidence of his authority before entering.
Any power of entry under this Act shall be construed as including power for any person entering any land in exercise of the power of entry to take with him any assistance or equipment reasonably required for the purpose to which his entry relates and to do there anything reasonably necessary for carrying out that purpose.
Without prejudice to subsection (4) above, where a person enters any land in exercise of any power of entry under this Act for the purpose of carrying out any archaeological investigation or examination of the land, he may take and remove such samples of any description as appear to him to be reasonably required for the purpose of archaelolgical analysis.
Subject to subsection (7) below, where any works are being carried out on any land in relation to which any power of entry under this Act is exercisable, a person acting in the exercise of that power shall comply with any reasonable requirements or conditions imposed by the person by whom the works are being carried out for the purpose of preventing interference with or delay to the works.
Any requirements or conditions imposed by a person by whom any works are being carried out shall not be regarded as reasonable for the purposes of subsection (6) above if compliance therewith would in effect frustrate the exercise of the power of entry or the purpose of the entry; and that subsection does not apply where the works in question are being carried out in contravention of section 2(1) or (6) or 35 of this Act.
Any person who intentionally obstructs a person acting in the exercise of any power of entry under this Act shall be guilty of an offence and liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding level 3 on the standard scale.
Where under section 43 of this Act a person proposes to carry out any works authorised by virtue of subsection (3) of that section—
he shall not carry out those works unless notice of his intention to do so was included in the notice required by subsection (2)(a) above; and
if the land in question is held by statutory undertakers, and those undertakers object to the proposed works on the grounds that the carrying out thereof would be seriously detrimental to the carrying on of their undertaking, the works shall not be carried out except with the authority of the Secretary of State.
The Secretary of State may undertake, or assist in, or defray or contribute towards the cost of, an archaeological investigation of any land )(other than land in England) which he considers may contain an ancient monument or anything else of archaeological or historical interest.
Any local authority may undertake, or assist in, or defray or contribute towards the cost of, an archaeological investigation of any land in or in the vicinity of their area, being land which they consider may contain an ancient monument or anything else of archaeological or historical interest.
The Commission may undertake, or assist in, or defray or contribute towards the cost of, an archaeological investigation of any land in England which they consider may contain an ancient monument or anything else of archaeological or historical interest; and the reference to an ancient monument in this subsection shall be construed as if the reference in section 61(12)( b ) of this Act to the Secretary of State were to the Commission.
The Secretary of State or the Commission or any local authority may publish the results of any archaeological investigation undertaken, assisted, or wholly or partly financed by them under this section in such manner and form as they think fit.
Without prejudice to the application, by virtue of section 53 of this Act, of any other provision of this Act to land which is not within Great Britain, the powers conferred by this section shall be exercisable in relation to any such land which forms part of the sea bed within the seaward limits of United Kingdom territorial waters adjacent to the coast of Great Britain (or, as regards the powers mentioned in subsection (1A) above, England).
Subject to subsection (2) below, where, in the exercise in relation to any land of any power to which this section applies, any damage has been caused to that land or to any chattels on that land, any person interested in that land or those chattels may recover compensation in respect of that damage from Historic Environment Scotland, the Secretary of State or the Commission or other authority by or on whose behalf the power was exercised.
Where any such damage is caused in the exercise of any such power by or on behalf of any person for the time being holding appointment as the investigating authority for an area of archaeological importance under section 34 of this Act, compensation shall be recoverable in accordance with this section from the Commission (if the area in question is situated in England) or from the Secretary of State (in any other case).
This section applies to any power to enter, or to do anything, on any land under any of the following sections of this Act, that is to say, sections 6, 6A ... 26, 38, 39, 40 and 43.
References in subsection (1) above to chattels shall be construed in relation to Scotland as references to moveables.
The Scottish Ministers may make grants or loans for the purpose of defraying in whole or in part any expenditure incurred, or to be incurred— the development or understanding of matters of historic, architectural, traditional, artistic or archaeological interest.
in or in connection with;
with a view to the promotion of,
A grant or loan under this section may be made subject to such conditions (including conditions as to repayment) as the Scottish Ministers consider appropriate.
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Any claim for compensation under this Act shall be made within the time and in the manner prescribed.
Any question of disputed compensation under this Act shall be referred to and determined by the Upper Tribunal or (in the case of any land situated in Scotland) by the Lands Tribunal for Scotland.
In relation to the determination of any such question, the provisions of section 4 of the Land Compensation Act 1961 or (as the case may be) of Sections 9 and 11 of the Land Compensation (Scotland) Act 1963 shall apply, but the references in section 4 of the Act of 1961 and section 11 of the Act of 1963 to the acquiring authority shall be construed as references to the authority by whom the compensation claimed is payable under this Act.
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After section 4 of the Historic Buildings and Ancient Monuments Act 1953 (grants for preservation of historic buildings, their contents and adjoining land) there shall be inserted the following section —
The Secretary of State may make grants to the Architectural Heritage Fund.
A grant under this section may be made subject to such conditions as the Secretary of State or the Commission (as the case may be) may think fit to impose.
The Commission may make grants to the Architectural Heritage Fund for the purpose of enabling it to perform its functions in, or in relation to, England.
In this section “the Architectural Heritage Fund” means the institution registered under that name under the Charities Act 2011
Notwithstanding any interest of the Crown in Crown land, but subject to the following provisions of this section—
a monument which for the time being is Crown land may be included in the Schedule; and
any restrictions or powers imposed or conferred by any of the provisions of this Act shall apply and be exercisable in relation to Crown land and in relation to anything done on Crown land otherwise than by or on behalf of the Crown, but not so as to affect any interest of the Crown therein.
Except with the consent of the appropriate authority—
no power under this Act to enter, or to do anything, on any land shall be exercisable in relation to land which for the time being is Crown land; and
no interest in land which for the time being is Crown land shall be acquired compulsorily under Part I of this Act.
For the purposes of subsection (1)(b), anything done by Historic Environment Scotland on Crown land, in relation to which it has functions by virtue of a delegation by the Scottish Ministers under section 3 of the Historic Environment Scotland Act 2014 (asp 19), is not to be treated as done by or on behalf of the Crown.
In relation to any operations proposed to be carried out on Crown land otherwise than by or on behalf of the Crown, an operations notice served under section 35 of this Act shall not be effective for the purposes of that section unless it is accompanied by a certificate from the appropriate authority in the prescribed form consenting to the exercise in relation to that land in connection with those operations of the powers conferred by sections 38 and 40 of this Act.
In this section “Crown land” means land in which there is a Crown interest or a Duchy interest; “Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a Government department, or held in trust for Her Majesty for the purposes of a Government department, and includes any estate or interest held in right of the Prince and Steward of Scotland; “Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall; and for the purposes of this section “the appropriate authority”, in relation to any land— and, if any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final. In this subsection “Government department” includes any Minister of the Crown and “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.
in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners, and, in relation to any other land belonging to Her Majesty in right of the Crown, means the Government department having the management of that land or the relevant person;
in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, means the Chancellor of the Duchy;
in relation to land belonging to the Duchy of Cornwall, means such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;
in the case of land belonging to a Government department or held in trust for Her Majesty for the purposes of a Government department, means that department;
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Without prejudice to the provisions of the Acquisition of Land (Authorisation Procedure) Act 1946 with respect to notices served under that Act, where under any of the provisions of this Act a notice is required to be served on an owner of land, and the land is ecclesiastical property, a like notice shall be served on the Diocesan Board of Finance for the diocese in which the land is situated.
Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant it shall for the purposes of this Act be treated as being vested in the Diocesan Board of Finance for the diocese in which the land is situated.
Any sum which under section ... 7, 9 or 46 of this Act is payable in relation to land which is ecclesiastical property and apart from this subsection would be payable to an incumbent, shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated, to be applied for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Measure authorising, or disposing of the proceeds of, such a sale.
Where any sum is recoverable under section 8 of this Act in respect of land which is ecclesiastical property the Diocesan Board of Finance for the diocese in which the land is situated may apply any money or securities held by it in the payment of that sum.
In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction.
The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application to those Isles of the provisions of this Act—
as if those Isles were a district and the Council of the Isles were the council of that district; and
in other respects subject to such modifications as may be specified in the order.
A monument situated in, on or under the sea bed within the seaward limits of United Kingdom territorial waters adjacent to the coast of Great Britain (referred to below in this section as a monument in territorial waters) may be included in the Schedule under section 1(3) of this Act, and the remaining provisions of this Act shall extend accordingly to any such monument which is a scheduled monument (but not otherwise).
The entry in the Schedule relating to any monument in territorial waters shall describe the monument as lying off the coast of England, or of Scotland and any such monument shall be treated for the purposes of this Act as situated in the country specified for the purposes of this subsection in the entry relating to the monument in the Schedule.
In relation to any monument in territorial waters which is under the ownership or guardianship of the Secretary of State or the Commission or any local authority by virtue of this Act, references in this Act to land associated with the monument (or to associated land) include references to any part of the sea bed occupied by the Secretary of State or by the Commission or by a local authority for any such purpose relating to the monument as is mentioned in section 15(1) of this Act.
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Without prejudice to any jurisdiction exercisable apart from this subsection, proceedings for any offence under this Act committed in United Kingdom territorial waters adjacent to the coast of Great Britain may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in Great Britain.
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It is hereby declared that, notwithstanding that by virtue of this section this Act may affect individuals or bodies corporate outside the United Kingdom, it applies to any individual whether or not he is a British subject, and to any body corporate whether or not incorporated under the law of any part of the United Kingdom.
A constable shall on any monument in territorial waters have all the powers, protection and privileges which he has in the area for which he acts as constable.
References in this section to the sea bed do not include the seashore or any other land which, though covered (intermittently or permanently) by the sea, is within Great Britain.
Parts I and II and section 45(2) and (3) of this Act shall apply, in relation to the Broads (as defined by the Norfolk and Suffolk Broads Act 1988), as if the Broads Authority were a local authority.
Where a person enters any land in exercise of any power of entry under this Act for any of the following purposes, that is to say— he may take temporary custody of any object of archaeological or historical interest discovered during the course of those excavations or operations or (as the case may be) during the course of that examination, and remove it from its site for the purpose of examining, testing, treating, recording or preserving it.
to carry out any excavations in the land or any operations affecting any ancient monument situated in, on or under the land;
to observe any operations on the land in exercise of the power under section 6(3)(a) or (4)(b) or 6A(2)(a) or 38(1)(b) of this Act; or
to carry out any archaeological examination of the land;
The Secretary of State or other authority by or on whose behalf the power of entry was exercised may not retain the object without the consent of the owner beyond such period as may be reasonably required for the purpose of examining and recording it and carrying out any test or treatment which appears to the Secretary of State or to that other authority to be desirable for the purpose of archaeological investigation or analysis or with a view to restoring or preserving the object.
Nothing in this section shall affect any right of the Crown under the Treasure Act 1996.
If any person— he may, within six weeks from the relevant date, make an application under this section to the High Court or (in Scotland) to the Court of Session.
is aggrieved by any order to which this section applies and desires to question the validity of that order, on the grounds that it is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to it; or
is aggrieved by any action on the part of the Secretary of State to which this section applies and desires to question the validity of that action, on the grounds that is is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to it;
This section applies to any designation order and to any order under section 33 (4) of this Act varying or revoking a designation order.
This section applies to action on the part of the Secretary of State of either of the following descriptions, that is to say—
any decision of the Secretary of State on an application for scheduled monument consent; and
the giving by the Secretary of State of any direction under section 4 of this Act modifying or revoking a scheduled monument consent.
In subsection (1) above “the relevant date” means—
in relation to an order, the date on which notice of the making of the order is published (or, as the case may be, first published) in accordance with Schedule 2 to this Act; and
in relation to any action on the part of the Secretary of State, the date on which that action is taken.
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On any application under this section the High Court or (in Scotland) the Court of Session—
may by interim order suspend the operation of the order or action, the validity whereof is questioned by the application, until the final determination of the proceedings;
if satisfied that the order or action in question is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation thereto, may quash that order or action in whole or in part.
In this section “the relevant requirements” means—
in relation to any order to which this section applies, any requirements of this Act or of any regulations made under this Act which are applicable to that order; and
in relation to any action to which this section applies, any requirements of this Act or of the Tribunals and Inquiries Act 1992 or of any regulations or rules made under this Act or under that Act which are applicable to that action.
Except as provided by this section, the validity of any order or action to which this section applies shall not be questioned in any legal proceedings whatsoever; but nothing in this section shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Secretary of State to take a decision on an application for scheduled monument consent.
Where a person enters any land in exercise of any power of entry under this Act for any of the following purposes, that is to say— he may take temporary custody of any object of archaeological or historical interest discovered during the course of those excavations or operations or (as the case may be) during the course of that examination, and remove it from its site for the purpose of examining, testing, treating, recording or preserving it.
to carry out any excavations in the land or any operations affecting any ancient monument situated in, on or under the land;
to observe any operations on the land in exercise of the power under section 6(3)(a) or (4)(b) or 6A(2)(a) or 38(1)(b) of this Act; or
to carry out any archaeological examination of the land;
The Secretary of State , Historic Environment Scotland or other authority by or on whose behalf the power of entry was exercised may not retain the object without the consent of the owner beyond such period as may be reasonably required for the purpose of examining and recording it and carrying out any test or treatment which appears to the Secretary of State , Historic Environment Scotland or to that other authority to be desirable for the purpose of archaeological investigation or analysis or with a view to restoring or preserving the object.
Nothing in this section shall affect any right of the Crown in relation to treasure trove.
Any notice or other document required or authorised to be served under this Act may be served either—
by delivering it to the person on whom it is to be served; or
by leaving it at the usual or last known place of abode of that person or, in a case where an address for service has been given by that person, at that address; or
by sending it in a pre-paid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode or, in a case where an address for service has been given by that person, at that address; or
in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it in a pre-paid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.
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Where any such notice or document is required or authorised to be served on any person as being the owner or occupier of any monument or other land—
it may be addressed to the “owner” or (as the case may require) to the “occupier” of that monument or land (describing it) without further name or description; and
if the usual or last known place of abode of the person in question cannot be found, it may be served by being affixed conspicuously to the monument or to some object on the site of the monument or (as the case may be) on the land.
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For the purpose of enabling the Secretary of State or Historic Environment Scotland or the Commission or a local authority to exercise any function under this Act, the Secretary of State or Historic Environment Scotland or the Commission or the local authority may require the occupier of any land and any person who, either directly or indirectly, receives rent in respect of any land to state in writing the nature of his interest therein, and the name and address of any other person known to him as having an interest therein, whether as a freeholder, owner of the dominium utile, mortgagee, lessee, or otherwise.
Any person who, having been required under this section to give any information, fails without reasonable excuse to give that information, shall be guilty of an offence and liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding level 3 on the standard scale.
Any person who, having been so required to give any information, knowingly makes any mis-statement in respect of it, shall be guilty of an offence and liable—
on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding the statutory maximum; or
on conviction on indictment to a fine.
If any person— he may, within six weeks from the relevant date, make an application under this section to the High Court or (in Scotland) to the Court of Session.
is aggrieved by any order to which this section applies and desires to question the validity of that order, on the grounds that it is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to it; or
is aggrieved by any action on the part of the Secretary of State or Historic Environment Scotland to which this section applies and desires to question the validity of that action, on the grounds that is is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to it;
This section applies to any designation order and to any order under section 33 (4) of this Act varying or revoking a designation order.
This section applies to action on the part of the Secretary of State or Historic Environment Scotland of any of the following descriptions, that is to say—
any decision of the Scottish Ministers on an application for scheduled monument consent referred to them under section 3B,
any decision of the Scottish Ministers on an appeal under this Act,
the making by Historic Environment Scotland of any order under section 4 or by the Scottish Ministers of any order under section 4A of this Act modifying or revoking a scheduled monument consent.
In subsection (1) above “the relevant date” means—
in relation to an order, the date on which notice of the making of the order is published (or, as the case may be, first published) in accordance with Schedule 2 to this Act; and
in relation to any action on the part of the Secretary of State or Historic Environment Scotland, the date on which that action is taken.
On any application under this section the High Court or (in Scotland) the Court of Session—
may by interim order suspend the operation of the order or action, the validity whereof is questioned by the application, until the final determination of the proceedings;
if satisfied that the order or action in question is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation thereto, may quash that order or action in whole or in part.
In this section “the relevant requirements” means—
in relation to any order to which this section applies, any requirements of this Act or of any regulations made under this Act which are applicable to that order; and
in relation to any action to which this section applies, any requirements of this Act or of the Tribunals and Inquiries Act 1992 or of any regulations or rules made under this Act or under that Act which are applicable to that action.
Except as provided by this section, the validity of any order or action to which this section applies shall not be questioned in any legal proceedings whatsoever; but nothing in this section shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Secretary of State or Historic Environment Scotland to take a decision on an application for scheduled monument consent.
Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against accordingly.
In subsection (1) above the expression “director”, in relation to any body corporate established by or under an enactment for the purpose of carrying on under national ownership an industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.
Notwithstanding anything in section 136 of the Criminal Procedure (Scotland) Act 1995, summary proceedings in Scotland for an offence under this Act may be commenced at any time within one year from the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings came to his knowledge; and a certificate purporting to be signed by the prosecutor stating that date shall be conclusive.
Any order or regulations made under this Act may make different provision for different cases to which the order or (as the case may be) the regulations apply.
Any power conferred by this Act to make regulations or orders includes power to make such incidental, supplemental, consequential, transitory, transitional or saving provision as the Scottish Ministers consider necessary or expedient.
Any power of the Secretary of State to make regulations under this Act, and the power to make orders under sections 3, 37, 52, 61 and 65 of this Act shall be exercisable by statutory instrument; and any statutory instrument containing any such regulations or order, other than one containing regulations under section 19 of this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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In this Act—
“scheduled monument” has the meaning given by section 1(11) of this Act and references to “scheduled monument consent” shall be construed in accordance with section 2(3) ... and 3(5) of this Act;
The Secretary of State shall consult with the Commission before varying or revoking an order relating to an area situated in England.
Where the land in question is situated in England, the Secretary of State shall consult with the Commission before entering into the agreement or making the compulsory purchase order (as the case may be).
Subject to subsection (4) below, a person who has an interest of any description mentioned in subsection (3) below in an ancient monument situated in England may, with the consent of the Commission, given after obtaining the consent of the Secretary of State, constitute the Commission by deed guardian of the Monument.
The Commission may by agreement acquire over land adjoining or in the vicinity of any monument which is under their ownership by virtue of this Act, any such easement as the Secretary of State may acquire by virtue of subsection (1) above.
Subject to subsection (4) below, a person who has any such interest in an ancient monument may with the consent of any local authority in or in the vicinity of whose area the monument is situated constitute that authority by deed guardians of the monument.
The interests in an ancient monument situated in England and Wales which qualify a person to establish guardianship of the monument under subsection (1) or (1A) or (2) above are the following—
an estate in fee simple absolute in possession;
a leasehold estate or interest in possession, being an estate or interest for a term of years of which not less than forty-five are unexpired or (as the case may be) renewable for a term of not less than forty-five years; and
an interest in possession for his own life or the life of another, or for lives (whether or not including his own), under any existing or future trust for sale under which the estate or interest for the time being subject to the trust falls within paragraph (a) or (b) above.
A person who is not the occupier of an ancient monument may not establish guardianship of the monument under this section unless the occupier is also a party to the deed executed for the purposes of subsection (1) (1A) or (2) above.
Any person who has an interest in an ancient monument may be a party to any such deed in addition to the person establishing the guardianship of the monument and (where the latter is not the occupier) the occupier.
In relation to any monument of which the Secretary of State or the Commission or any local authority have been constituted the guardians under this Act, references below in this Act to the guardianship deed are references to the deed executed for the purposes of subsection (1) or (1A) or (2) above (as the case may be)
A guardianship deed relating to any ancient monument situated in England and Wales shall be a local land charge.
A guardianship deed relating to any ancient monument situated in Scotland may be recorded in the Register of Sasines.
Every person deriving title to any ancient monument from, through or under any person who has executed a guardianship deed shall be bound by the guardianship deed unless—
in the case of a monument in England and Wales, he derives title by virtue of any disposition made by the person who executed the deed before the date of the deed; or
in the case of a monument in Scotland, he is a person who in good faith and for value acquired right (whether title has been completed or not) to his interest in the monument before the date of the deed.
The Secretary of State or the Commission or a local authority shall not consent to become guardians of any structure which is occupied as a dwelling house by any person other than a person employed as the caretaker thereof or his family.
Except as provided by this Act, any person who has any estate or interest in a monument under guardianship shall have the same right and title to, and estate or interest in, the monument in all respects as if the Secretary of State or the Commission or the local authority in question (as the case may be) had not become guardians of the monument.
situated in an area of archaeological importance.
“guardianship deed” has the meaning given by section 12(6) of this Act;
the site of a scheduled monument or of any monument under the ownership or guardianship of the Secretary of State or the Commission or a local authority by virtue of this Act; or
In this Act “statutory undertakers” means—
persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of ..., ... or hydraulic power;
... the Civil Aviation Authority, the ..., a universal postal service provider in connection with the provision of a universal postal service and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for any of the purposes of the Town and Country Planning Act 1990 or of the Town and Country Planning (Scotland) Act 1997; and
any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph.
For the purposes of sections 14(1) and 21(2) of this Act and paragraph 6(1)(b) and (2)(b) of Schedule 3 to this Act a person shall be taken to be immediately affected by the operation of a guardianship deed relating to any land if he is bound by that deed and is in possession or occupation of the land.
The undertaking of a universal postal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.
For the purposes of this Act “archaeological investigation” means any investigation of any land, objects or other material for the purpose of obtaining and recording any information of archaeological or historical interest and (without prejudice to the generality of the preceding provision) includes in the case of an archaeological investigation of any land—
any investigation for the purpose of discovering and revealing and (where appropriate) recovering and removing any objects or other material of archaeological or historical interest situated in, on or under the land; and
examining, testing, treating, recording and preserving any such objects or material discovered during the course of any excavations or inspections carried out for the purposes of any such investigation.
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For the purposes of this Act, an archaeological examination of any land means any examination or inspection of the land (including any buildings or other structures thereon) for the purpose of obtaining and recording any information of archaeological or historical interest.
In this Act ... references to land associated with any monument (or to associated land) shall be construed in accordance with section 15(6) of this Act.
“Monument” means (subject to subsection (8) below)— and any machinery attached to a monument shall be regarded as part of the monument if it could not be detached without being dismantled.
any building, structure or work, whether above or below the surface of the land, and any cave or excavation;
any site comprising the remains of any such building, structure or work or of any cave or excavation; ...
any site comprising, or comprising the remains of, any vehicle, vessel, aircraft or other movable structure or part thereof which neither constitutes nor forms part of any work which is a monument within paragraph (a) above; ...
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Subsection (7)(a) above does not apply to any ecclesiastical building for the time being used for ecclesiastical purposes, and subsection (7)(c) above does not apply—
to a site comprising any object or its remains unless the situation of that object or its remains in that particular site is a matter of public interest;
to a site comprising, or comprising the remains of, any vessel which is protected by an order under section 1 of the Protection of Wrecks Act 1973 designating an area round the site as a restricted area.
For the purposes of this Act, the site of a monument includes not only the land in or on which it is situated but also any land comprising or adjoining it which appears to the Secretary of State or the Commission or a local authority, in the exercise in relation to that monument of any of their functions under this Act, to be essential for the monument’s support and preservation.
References in this Act to a monument include references—
to the site of the monument in question; and
to a group of monuments or any part of a monument or group of monuments.
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References in this Act to the site of a monument—
are references to the monument itself where it consists of a site; and
in any other case include references to the monument itself.
“Ancient monument” means—
any scheduled monument; and
any other monument which in the opinion of the Secretary of State is of public interest by reason of the historic, architectural, traditional, artistic or archaeological interest attaching to it , except any monument situated wholly or mainly in Wales.
In this section “remains” includes any trace or sign of the previous existence of the thing in question.
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The reference in Schedule 5 to that Act to sections 4 to 6 of the Historic Buildings and Ancient Monuments Act 1953 shall be construed as including a reference to the section 4A inserted in the said Act of 1953 by section 48(2) of this Act.
The Ancient Monuments and Archaeological Areas Act 1979. The function under section 44(9) in respect of land held by excepted statutory undertakers and the power of the Treasury to determine questions under section 50(4) are not included.
In this Act, in relation to any land in Scotland, “occupier” means an occupier with an interest in that land which is heritable and, if there is no such occupier, the owner thereof shall be deemed to be the occupier.
In relation to land in Scotland, any reference in this Act—
to a mortgage shall be construed as a reference to a heritable security;
to a mortgagee shall be construed as a reference to a creditor in a heritable security; and
to a first mortgagee shall be construed as a reference to a creditor in a heritable security which ranks prior to any other heritable security over the same land.
This Act shall be treated as if it had been passed before the Wales Act 1978 for the purposes of the following provisions of that Act (which adapt certain provisions of earlier legislation in relation to the exercise by the Welsh Assembly of its functions)— section 55 (money formerly payable out of or into United Kingdom funds to be payable out of or into the Welsh Consolidated Fund); section 74 (construction of references to Ministers of the Crown and to property vested in a Government department); section 76 (reports formerly required to be laid before Parliament to be sent instead to the Welsh Assembly); and section 77(2) (power to make consequential amendments in earlier legislation).
In Part VIII of Schedule 2 to that Act (Land Use and Development), in the entry relating to the Town and Country Planning (Amendment) Act 1972, for the words “section 10 ” there shall be substituted the words “sections 10 and 10A ”.
Enactment Excluded functions The Ancient Monuments and Archaeological Areas Act 1979. The function under section 44(9) in respect of land held by excepted statutory undertakers. The functions under section 50 except so far as exercisable in relation to land vested in or held for the purposes of the Assembly. The function under section 61(2)(c).
The references in Part XII of Schedule 2 and in Schedule 3 to that Act to Part I and sections 4 to 6 of the Historic Buildings and Ancient Monuments Act 1953 respectively shall each be construed as including a reference to the section 4A inserted in the said Act of 1953 by section 48(2) of this Act.
In Schedule 11 to that Act, paragraph 2 (which relates to the Ancient Monuments Consolidation and Amendment Act 1913) shall be omitted.
Schedule 3 to this Act shall have effect for the purposes of the transition to the provisions of this Act from the law previously in force.
The enactments specified in Schedule 4 to this Act shall have effect subject to the amendments specified in that Schedule,being amendments consequential on the provisions of this Act.
The enactments specified in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
In this Act—
In this Act “statutory undertakers” means—
persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of ..., ... hydraulic power or water ;
... the Civil Aviation Authority, the ..., a universal postal service provider in connection with the provision of a universal postal serviceand any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for any of the purposes of the Town and Country Planning Act 1990 or of the Town and Country Planning (Scotland) Act 1997; and
any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph.
The undertaking of a universal postal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.
For the purposes of sections 14(1) and 21(2) of this Act and paragraph 6(1)(b) and (2)(b) of Schedule 3 to this Act a person shall be taken to be immediately affected by the operation of a guardianship deed relating to any land if he is bound by that deed and is in possession or occupation of the land.
For the purposes of this Act “archaeological investigation” means any investigation of any land, objects or other material for the purpose of obtaining and recording any information of archaeological or historical interest and (without prejudice to the generality of the preceding provision) includes in the case of an archaeological investigation of any land—
any investigation for the purpose of discovering and revealing and (where appropriate) recovering and removing any objects or other material of archaeological or historical interest situated in, on or under the land; and
examining, testing, treating, recording and preserving any such objects or material discovered during the course of any excavations or inspections carried out for the purposes of any such investigation.
For the purposes of this Act, an archaeological examination of any land means any examination or inspection of the land (including any buildings or other structures thereon) for the purpose of obtaining and recording any information of archaeological or historical interest.
In this Act references to land associated with any monument (or to associated land) shall be construed in accordance with section 15(6) of this Act.
“Monument” means (subject to subsection (8) below)— and any machinery attached to a monument shall be regarded as part of the monument if it could not be detached without being dismantled.
any building, structure or work, whether above or below the surface of the land, and any cave or excavation;
any site comprising the remains of any such building, structure or work or of any cave or excavation; ...
any site comprising, or comprising the remains of, any vehicle, vessel, aircraft or other movable structure or part thereof which neither constitutes nor forms part of any work which is a monument within paragraph (a) above; and
any site (other than one falling within paragraph (b) or (c) above) comprising any thing, or group of things, that evidences previous human activity;
Subsection (7)(a) above does not apply to any ecclesiastical building for the time being used for ecclesiastical purposes, and subsection (7)(c) above does not apply—
to a site comprising any object or its remains unless the situation of that object or its remains in that particular site is a matter of public interest;
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For the purposes of this Act, the site of a monument includes not only the land in or on which it is situated but also any land comprising or adjoining it which appears to the Secretary of State or Historic Environment Scotland or the Commission or a local authority, in the exercise in relation to that monument of any of their functions under this Act, to be essential for the monument’s support and preservation.
References in this Act to a monument include references—
to the site of the monument in question; and
to a group of monuments or any part of a monument or group of monuments.
References in this Act to the site of a monument—
are references to the monument itself where it consists of a site; and
in any other case include references to the monument itself.
“Ancient monument” means—
any scheduled monument; and
any other monument which in the opinion of the Secretary of State is of public interest by reason of the historic, architectural, traditional, artistic or archaeological interest attaching to it.
In this section “remains” includes any trace or sign of the previous existence of the thing in question.
This Act may be cited as the Ancient Monuments and Archaeological Areas Act 1979.
This Act shall come into force on such day as may be appointed by order of the Secretary of State, and different days may be appointed for different purposes; and a reference in any provision of this Act to the commencement of this Act is a reference to the day appointed for the coming into force of that provision.
This Act does not extend to Northern Ireland.
(introduced by section 1AC)
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(introduced by section 1AE)
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(introduced by sections 1E(4), 4D(6) and 9CB(4))
The Scottish Ministers may by regulations prescribe classes of appeals under sections 1C, 4B and 9C which are to be determined by a person appointed by the Scottish Ministers for the purpose. Those classes of appeals are to be so determined except in such classes of case— Regulations under sub-paragraph (1) may provide for the giving of publicity to any directions given by the Scottish Ministers under this paragraph. This paragraph does not affect any provision made by or under this Act that an appeal is to lie to, or a notice of an appeal is to be served on, the Scottish Ministers. A person appointed under this paragraph is referred to in this schedule as an “appointed person”.
An appointed person is to have the same powers and duties— Where an appeal has been determined by an appointed person, the decision is to be treated as a decision of the Scottish Ministers. Except as provided for by section 55, the decision of an appointed person on any appeal is final.
The Scottish Ministers may, if they think fit, direct that an appeal which would otherwise fall to be determined by an appointed person is instead to be determined by them. Such a direction must— Where an appeal under section 1C, 4B or 9C falls to be determined by the Scottish Ministers by virtue of a direction under this paragraph, the provisions of this Act which are relevant to the appeal are to apply, subject to sub-paragraph (4), as if this schedule had never applied to it. In determining the appeal, the Scottish Ministers may take into account any report made to them by any person previously appointed to determine the appeal.
The Scottish Ministers may by a further direction revoke a direction under paragraph 3 at any time before the determination of the appeal. Such a further direction must— Where such a further direction has been given, the provisions of this schedule relevant to the appeal are to apply, subject to sub-paragraph (4), as if no direction under paragraph 3 had been given. Anything done by or on behalf of the Scottish Ministers in connection with the appeal which might have been done by the appointed person (including any arrangements made for the holding of a hearing or local inquiry) is, unless that person directs otherwise, to be treated as having been done by that person.
At any time before the appointed person has determined the appeal the Scottish Ministers may— Where such a new appointment is made, the consideration of the appeal or any inquiry or other hearing in connection with it is to be begun afresh. Nothing in sub-paragraph (2) requires any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.
Whether or not the parties to an appeal have asked for an opportunity to appear and be heard, an appointed person— Where an appointed person— an assessor may be appointed by the Scottish Ministers to sit with the appointed person at the hearing or inquiry to advise the appointed person on any matters arising. Subject to sub-paragraph (4), the expenses of any such hearing or inquiry are to be paid by the Scottish Ministers. Subsections (4) to (13) of section 265 of the Town and Country Planning (Scotland) Act 1997 (c.8) apply to an inquiry held under this paragraph as they apply to an inquiry held under that section. The appointed person has the same power to make orders under subsection (9) of that section in relation to proceedings under this schedule which do not give rise to an inquiry as the person has in relation to such an inquiry. For the purposes of this paragraph, references to the Minister in subsections (9) and (12) of that section are to be read as references to the appointed person.
The functions of determining an appeal and doing anything in connection with it conferred by this schedule on an appointed person who is a member of the staff of the Scottish Administration are to be treated for the purposes of the Scottish Public Services Ombudsman Act 2002 (asp 11) as functions conferred on the Scottish Ministers.