Ancient Monuments and Archaeological Areas Act 1979

Part I — Ancient Monuments

Protection of scheduled monuments

Compensation for refusal of scheduled monument consent.

1

• (1) 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”).

• (2) The Secretary of State shall on first compiling the Schedule include therein—

• (a) 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

• (b) 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.

• (3) 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.

• (3A) 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).

• (4) 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.

• (5) The Secretary of State may—

• (a) exclude any monument from the Schedule; or

• (b) 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).

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.

• (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) As soon as may be after—

• (a) including any monument in the Schedule under subsection (3) above;

• (b) amending the entry in the Schedule relating to any monument; or

• (c) excluding any monument from the Schedule;

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.

• (6A) As soon as may be after—

• (a) including any monument in England in the Schedule under subsection (3) above;

• (b) amending the entry in the Schedule relating to any such monument; or

• (c) excluding the entry in the Schedule relating to any such monument;

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.

• (6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) 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.

• (7A) 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.

• (8) 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—

• (a) of the monuments listed; and

• (b) of any matters purporting to be reproduced in the list from the entries in the Schedule relating to the monuments listed.

• (8A) The Secretary of State shall from time to time supply the Commission with amendments of any list supplied under subsection (7A) above.

• (9) An entry in the Schedule recording the inclusion therein of a monument situated in England ... shall be a local land charge.

• (10) It shall be competent to record in the Register of Sasines—

• (a) 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

• (b) 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.

• (11) In this Act “scheduled monument” means any monument which is for the time being included in the Schedule.

Control of works affecting scheduled monuments

2

• (1) 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.

• (2) This section applies to any of the following works, that is to say—

• (a) any works resulting in the demolition or destruction of or any damage to a scheduled monument;

• (b) 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

• (c) any flooding or tipping operations on land in, on or under which there is a scheduled monument.

• (3) 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—

• (a) 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

• (b) the works are executed in accordance with the terms of the consent and of any conditions attached to the consent.

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) 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).

• (5) Without prejudice to the generality of subsection (4) above, a condition attached to a scheduled monument consent may require that—

• (a) a person authorised by the Commission ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

• (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) 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.

• (6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) 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.

• (8) 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.

• (8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) 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.

• (10) A person guilty of an offence under this section shall be liable—

• (a) on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding the statutory maximum; or

• (b) on conviction on indictment to a fine.

• (11) Part I of Schedule 1 to this Act shall have effect with respect to applications for, and the effect of, scheduled monument consent.

Grant of scheduled monument consent by order of the Secretary of State

3

• (1) 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.

• (2) 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.

• (3) 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.

• (4) 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.

• (5) 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.

Duration, modification and revocation of scheduled monument consent

4

• (1) 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).

• (2) 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.

• (3) 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.

• (4) 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.

• (5) 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.

Execution of works for preservation of a scheduled monument by Secretary of State in cases of urgency

5

• (1) 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.

• (2) Where the Secretary of State executes works under this section for repairing any damage to a scheduled monument—

• (a) 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

• (b) any such order subsequently made in respect of that damage shall be made in favour of the Secretary of State.

• (3) 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.

• (4) 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.

• (5) 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”.

Powers of entry for inspection of scheduled monuments, etc.

6

• (1) 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—

• (a) whether any works affecting the monument are being carried out in contravention of section 2(1) of this Act; or

• (b) whether it has been or is likely to be damaged (by any such works or otherwise).

• (2) 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—

• (a) any application for scheduled monument consent for works affecting that monument; or

• (b) any proposal by the Secretary of State to modify or revoke a scheduled monument consent for any such works.

• (3) Any person duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of—

• (a) observing the execution on the land of any works to which a scheduled monument consent relates; and

• (b) inspecting the condition of the land and the scheduled monument in question after the completion of any such works;

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.

• (4) 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—

• (a) 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

• (b) 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.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) References in this section to scheduled monument consent include references to consent granted by order under section 3 of this Act.

Compensation for refusal of scheduled monument consent

7

• (1) 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.

• (2) The following are works in respect of which compensation is payable under this section—

• (a) 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;

• (b) works which do not constitute development, or constitute development such that planning permission is granted therefor by a general development order; and