LegalizeReform history
Ancient Monuments and Archaeological Areas Act 1979
27 versions
· 1979-04-04
2024-11-04
Ancient Monuments and Archaeological Areas Act 1979
Changes on 2024-11-04
@@ -16,10 +16,12 @@
- (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 subsection (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.
- (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—
@@ -30,7 +32,7 @@
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) Section 1AA makes provision about consultation by the Welsh Ministers on proposals to include or exclude a monument or to make a material amendment in relation to a scheduled monument.
- (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) As soon as may be after—
@@ -42,15 +44,19 @@
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) 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.
- (6B) As soon as may be after making a material amendment of the kind described in section 1AA(5) in relation to a monument identified in the Schedule by reference to a map, the Welsh Ministers must—
- (a) 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
- (b) send to those persons a copy of the amended map.
- (6C) Section 1AE(2) makes further provision about information that the Welsh Ministers must provide after making certain amendments in relation to the Schedule.
- (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.
@@ -64,7 +70,7 @@
- (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 and Wales shall be a local land charge.
- (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—
@@ -94,41 +100,33 @@
- (b) the works are executed in accordance with the terms of the consent and of any conditions attached to the consent.
- (3A) If works to which this section applies have been executed in relation to a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument without being authorised under this Part, and the Welsh Ministers grant consent for the retention of the works, the works are authorised under this Part from the grant of the consent.
- (3B) References in this Act to scheduled monument consent (other than in section 4) include a reference to consent under subsection (3A).
- (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 (in a case where the monument in question is situated in England), or
- (b) the Secretary of State or a person authorised by the Secretary of State (in any other case)
- (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) In the case of a monument situated in Wales, the reference in subsection (3)(a) to the granting of written consent includes a reference to the granting of consent in such other manner as may be prescribed by the Welsh Ministers.
- (5B) The Welsh Ministers may by regulations make provision as to the form and content of consent under this section in relation to a monument situated in Wales.
- (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) In any proceedings for an offence under subsection (1) in relation to a monument or anything else on which interim protection is conferred (which is, as a result of section 1AB(2), treated as a scheduled monument or part of such a monument)—
- (a) it is a defence for the accused to prove that the accused did not know, and could not reasonably have been expected to know, that the interim protection had been conferred; and
- (b) where the defence is raised by a person on whom a notice should have been served under section 1AA(2), it is for the prosecution to prove that the notice was served on the person.
- (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 which have been executed in relation to a scheduled monument situated in England or land in, on or under which there is such a scheduled monument 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) In any proceedings for an offence under this section in relation to works within subsection (2)(a) or (c) which have been executed in relation to a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument, it is a defence for the accused to prove that, before executing the works or before causing or permitting their execution (as the case may be), the accused?—
- (a) had taken all reasonable steps to find out whether there was a scheduled monument in the area affected by the works; and
- (b) 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.
- (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.
@@ -216,7 +214,7 @@
- (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) Any person duly authorised in writing by the Secretary of State 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 to be desirable with a view to preserving the monument from accidental or deliberate damage.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) References in this section to scheduled monument consent include references to consent granted by order under section 3 of this Act.
@@ -224,7 +222,7 @@
##### 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 Secretary of State or (where the monument in question is situated in England) the Commission shall pay to that person compensation in respect of that expenditure, loss or damage.
- (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.
@@ -274,7 +272,7 @@
- (b) 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;
- (c) where the monument in question is situated in Wales, the Secretary of State has caused such notice to be deposited with the council of each county or county borough in which the monument is situated.
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) 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.
@@ -284,7 +282,7 @@
- (5) 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.
- (6) A notice so deposited in the case of a monument situated in England and Wales 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.
- (6) 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.
- (7) A notice so deposited in the case of any monument situated in Scotland which is heritable may be recorded in the Register of Sasines.
@@ -298,7 +296,7 @@
- (b) has otherwise sustained loss or damage which is directly attributable to that fact;
the Secretary of State or Historic Environment Scotland or (where the monument in question is situated in England) the Commission shall pay to that person compensation in respect of that expenditure, loss or damage.
... the Commission shall pay to that person compensation in respect of that expenditure, loss or damage.
- (2) Subsection (1) above only applies where the works cease to be authorised under this Part of this Act—
@@ -846,7 +844,7 @@
- (3) 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.
- (4) But subsection (3) does not apply in relation to excavations in the land by a person authorised by the Welsh Ministers under subsection (1) if the Welsh Ministers know or have reason to believe that an ancient monument they know or believe to be in, on or under the land is or may be at risk of imminent damage or destruction.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### General provisions as to compensation for depreciation under Part I
@@ -854,7 +852,7 @@
- (1) 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.
- (2) This section applies to any compensation payable under section 1AD, 7, 9 or 9ZL of this Act in respect of any loss or damage consisting of depreciation of the value of an interest in land.
- (2) 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.
- (3) Where an interest in land is subject to a mortgage—
@@ -870,7 +868,7 @@
##### 28
- (1) A person who without lawful excuse destroys or damages any protected monument situated in England—
- (1) A person who without lawful excuse destroys or damages any protected monument ...—
- (a) knowing that it is a protected monument; and
@@ -878,11 +876,7 @@
shall be guilty of an offence.
- (1A) A person who without lawful excuse destroys or damages a protected monument situated in Wales is guilty of an offence if the person—
- (a) knew or ought reasonably to have known that it was a protected monument; and
- (b) intended to destroy or damage the monument or was reckless as to whether the monument would be damaged or destroyed.
- (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) 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.
@@ -942,6 +936,8 @@
- (1) 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.
- (1A) An order under subsection (1) may not designate an area in Wales.
- (2) 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.
- (2A) 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.
@@ -950,7 +946,7 @@
- (4) 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.
- (5) A designation order relating to an area in England and Wales shall be a local land charge.
- (5) A designation order relating to an area in England ... shall be a local land charge.
- (6) Schedule 2 to this Act shall have effect with respect to the making, and with respect to the variation and revocation, of designation orders.
@@ -1002,7 +998,7 @@
- (a) 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;
- (aa) in the case of land in Wales, on the council of each county or county borough in which the site of the operations is wholly or partly situated;
- (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) 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
@@ -1096,7 +1092,7 @@
- (a) serves notice in the prescribed form of its intention to excavate on the developer; and
- (b) serves a copy of that notice on any council (in England and Wales) 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
- (b) 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
- (c) 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).
@@ -1132,7 +1128,7 @@
- (a) the investigating authority;
- (b) any council (in England and Wales) or local authority (in Scotland) served with the operations notice in question;
- (b) any council (in England ...) or local authority (in Scotland) served with the operations notice in question;
- (c) the developer; and
@@ -1206,7 +1202,7 @@
##### 42
- (1) 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) 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.
- (1) 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.
- (2) In this section—
@@ -1216,11 +1212,11 @@
- (3) 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.
- (4) A consent granted by the Secretary of State or the Commission for the purposes of this section may be granted either unconditionally or subject to conditions.
- (4) A consent granted by ... the Commission for the purposes of this section may be granted either unconditionally or subject to conditions.
- (5) If any person—
- (a) in using a metal detector in a protected place in accordance with any consent granted by the Secretary of State or the Commission for the purposes of this section; or
- (a) 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
- (b) 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;
@@ -1228,13 +1224,9 @@
- (6) 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.
- (7) In any proceedings for an offence under subsection (1) or (3) above relating to a protected place situated in England, 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.
- (8) In proceedings for an offence under subsection (1) or (3) relating to a protected place situated in Wales, it is a defence for the accused to prove that the accused—
- (a) had taken all reasonable steps to find out whether the place in which the metal detector was used was a protected place; and
- (b) did not know, and had no reason to believe, that the place was a protected place.
- (7) 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.
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Powers of entry
@@ -1264,7 +1256,7 @@
- (b) in any other case, not less than twenty-four hours before admission is demanded.
This subsection does not apply in relation to the power of entry under section 5 of this Act , or in relation to the power of entry under section 9ZJ of this Act where it is exercised for any of the purposes mentioned in paragraphs (a) to (c) of that section.
This subsection does not apply in relation to the power of entry under section 5 of this Act ....
- (3) 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.
@@ -1308,7 +1300,7 @@
- (2) 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).
- (3) 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 9ZF, 9ZJ, 26, 38, 39, 40 and 43.
- (3) 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.
- (4) References in subsection (1) above to chattels shall be construed in relation to Scotland as references to moveables.
@@ -1376,7 +1368,7 @@
- (3) 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.
- (3A) Crown land may be included in the register of historic parks and gardens (see section 41A).
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) 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—
@@ -1400,7 +1392,7 @@
- (2) 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.
- (3) Any sum which under section 1AD, 9ZL, 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.
- (3) 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.
- (4) 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.
@@ -1422,11 +1414,11 @@
- (1) 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).
- (2) 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, or of Wales; and , subject to subsection (2B), 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.
- (2A) The functions under this Act conferred on the Welsh Ministers by the Historic Environment (Wales) Act 2016 (as well as those already transferred to them) are exercisable in relation to Wales within the meaning of the Government of Wales Act 2006 (which includes the sea adjacent to Wales out as far as the seaward boundary of the territorial sea (see section 158(1) of that Act)).
- (2B) Accordingly, a monument is not to be treated by virtue of section 53(2) as being in Wales unless it is situated in Wales within the meaning of section 158(1) of the Government of Wales Act 2006.
- (2) 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.
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) 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.
@@ -1478,7 +1470,7 @@
- (b) the giving by the Secretary of State of any direction under section 4 of this Act modifying or revoking a scheduled monument consent.
- (3A) This section applies to a decision on a review under section 1AE (review by Welsh Ministers or appointed person).
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) In subsection (1) above “*the relevant date*” means—
@@ -1512,25 +1504,11 @@
- (c) 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
- (ca) in a case where—
- (i) the notice or other document relates to a monument situated in Wales or land in Wales; and
- (ii) an address for service using electronic communications has been given by that person,
by sending it using an electronic communication, in accordance with the condition set out in subsection (1A); or
- (ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) 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.
- (1A) The condition mentioned in subsection (1)(ca) is that the notice or document must be—
- (a) capable of being accessed by the person mentioned in that provision;
- (b) legible in all material respects; and
- (c) in a form sufficiently permanent to be used for subsequent reference;
and for this purpose “*legible in all material respects*” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served or given by means of a notice or document in printed form.
- (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) 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—
@@ -1538,7 +1516,7 @@
- (b) 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.
- (3) In this section, “*Wales*” has the same meaning as in the Government of Wales Act 2006 (see section 158(1) of that Act).
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Power to require information as to interests in land
@@ -1576,21 +1554,15 @@
- (1) 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.
- (1A) Any power of the Welsh Ministers to make regulations or an order under this Act includes power to make such incidental, supplemental, consequential, transitory, transitional or saving provision as the Welsh Ministers consider appropriate.
- (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) 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.
- (3) Any power of the Welsh Ministers to make regulations under this Act or an order under section 3, 37 or 61 is exercisable by statutory instrument.
- (4) A statutory instrument containing—
- (a) regulations under section 1AA or 9ZB; or
- (b) regulations which, by virtue of subsection (1A), amend or repeal any provision of an Act of Parliament or an Act or Measure of the National Assembly for Wales,
may not be made by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
- (5) Any other statutory instrument containing regulations or an order made by the Welsh Ministers under this Act, other than regulations under section 19, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation
@@ -1598,7 +1570,7 @@
- (1) In this Act—
- “*address*”, in relation to electronic communications, means a number or address used for the purposes of such communications;
- ...
- “*ancient monument*” has the meaning given by subsection (12) below;
@@ -1610,7 +1582,7 @@
- “*development consent*” means development consent under the Planning Act 2008;
- “*electronic communication*” has the same meaning as in the Electronic Communications Act 2000;
- ...
- “*enactment*” includes an enactment in any local or private Act of Parliament, and an order, rule, regulation, byelaw or scheme made under an Act of Parliament;
@@ -1620,15 +1592,15 @@
- “*guardianship deed*” has the meaning given by section 12(6) of this Act;
- “*interim protection*” has the meaning given by section 1AB(3);
- ...
- “*land*” means—in England and Wales, any corporeal hereditament;in Scotland, any heritable property;including a building or a monument and, in relation to any acquisition of land, includes any interest in or right over land;
- “*local authority*” means—in England ..., the council of a county or district, ... the council of a London borough, and the Common Council of the City of London;in Wales, the council of a county or county borough;in Scotland, the planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973;
- “*local authority*” means—in England ..., the council of a county or district, ... the council of a London borough, and the Common Council of the City of London;...in Scotland, the planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973;
- “*monument*” has the meaning given by subsection (7) below;
- “*owner*”, in relation to any land in England and Wales means (except for the purposes of sections 9ZA and 9ZB and paragraph 2(1) of Schedule 1 to this Act and any regulations made for the purposes of that paragraph) a person, other than a mortgagee not in possession, who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land, or where the land is not let at a rack rent, would be so entitled if it were so let;
- “*owner*”, in relation to any land in England and Wales means (except for the purposes of ... paragraph 2(1) of Schedule 1 to this Act and any regulations made for the purposes of that paragraph) a person, other than a mortgagee not in possession, who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land, or where the land is not let at a rack rent, would be so entitled if it were so let;
- “*possession*” includes receipt of rents and profits or the right to receive rents and profits (if any);
@@ -1636,7 +1608,7 @@
- “*the Schedule*” has the meaning given by section 1(1) of 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 (3B) and 3(5) of 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;
- ...
@@ -1656,13 +1628,7 @@
- (2A) 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.
- (2B) Where—
- (a) an electronic communication is used for the purpose of serving or giving a notice or other document on or to any person for the purposes of this Act; and
- (b) the communication is received by that person outside that person's business hours,
it is to be treated as having been received on the next working day; and in this subsection “*working day*” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.
- (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) 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.
@@ -1674,7 +1640,7 @@
- (5) 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.
- (6) In this Act (other than in section 9ZA) references to land associated with any monument (or to associated land) shall be construed in accordance with section 15(6) of this Act.
- (6) 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.
- (7) “*Monument*” means (subject to subsection (8) below)—
@@ -1682,13 +1648,13 @@
- (b) any site comprising the remains of any such building, structure or work or of any cave or excavation; ...
- (c) 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
- (d) any site in Wales (other than one falling within paragraph (b) or (c) above) comprising any thing, or group of things, that evidences previous human activity;
- (c) 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; ...
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and any machinery attached to a monument shall be regarded as part of the monument if it could not be detached without being dismantled.
- (7A) In subsection (7)(d) “*Wales*” has the meaning given by section 158(1) of the Government of Wales Act 2006.
- (7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) 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—
@@ -1714,7 +1680,7 @@
- (a) any scheduled monument; and
- (b) 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.
- (b) 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.
- (13) In this section “*remains*” includes any trace or sign of the previous existence of the thing in question.
@@ -1774,7 +1740,7 @@
- (2) 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.
- (3) The Welsh Ministers may by regulations make provision as to cases in which an applicant for scheduled monument consent in relation to a monument situated in Wales may make the application otherwise than in the form provided for under sub-paragraph (1); and such provision may confer a discretion on the Welsh Ministers.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 2
@@ -1798,7 +1764,7 @@
- (3) 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.
- (4) If any person issues a certificate which purports to comply with the requirements of this paragraph or of regulations made by the Welsh Ministers 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.
- (4) 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.
##### 3
@@ -1820,11 +1786,11 @@
- (4) 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.
- (5) This paragraph does not apply to applications for scheduled monument consent in respect of works to a scheduled monument situated in Wales.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 4
- (1) 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 and Wales as they apply where a Minister or the Secretary of State causes an inquiry to be held under subsection (1) of that section.
- (1) 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.
- (2) 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.
@@ -1838,7 +1804,7 @@
- (b) any other person who in the opinion of the Secretary of State would be affected by the proposed modification or revocation.
- (1A) Where the monument in question is situated in England, 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.
- (1A) ... 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.
- (2) A notice under this paragraph shall—
@@ -2318,8 +2284,6 @@
[^c250786]: Words inserted by [National Heritage Act 1983 (c. 47, SIF 78)](https://www.legislation.gov.uk/ukpga/1983/47), [s. 41](https://www.legislation.gov.uk/ukpga/1983/47/section/41), [Sch. 4 para. 25(4)](https://www.legislation.gov.uk/ukpga/1983/47/schedule/4/paragraph/25/4)
[^c250787]: S. 1(6A) inserted by [National Heritage Act 1983 (c. 47, SIF 78)](https://www.legislation.gov.uk/ukpga/1983/47), [s. 41](https://www.legislation.gov.uk/ukpga/1983/47/section/41), [Sch. 4 para. 25(5)(9)](https://www.legislation.gov.uk/ukpga/1983/47/schedule/4/paragraph/25/5/9)
[^c250788]: Words inserted by [National Heritage Act 1983 (c. 47, SIF 78)](https://www.legislation.gov.uk/ukpga/1983/47), [s. 41](https://www.legislation.gov.uk/ukpga/1983/47/section/41), [Sch. 4 para. 25(6)](https://www.legislation.gov.uk/ukpga/1983/47/schedule/4/paragraph/25/6)
[^c250789]: S. 1(7A) inserted by [National Heritage Act 1983 (c. 47, SIF 78)](https://www.legislation.gov.uk/ukpga/1983/47), [s. 41](https://www.legislation.gov.uk/ukpga/1983/47/section/41), [Sch. 4 para. 25(7)](https://www.legislation.gov.uk/ukpga/1983/47/schedule/4/paragraph/25/7)
@@ -2344,8 +2308,6 @@
[^c250801]: S. 6(1) restricted (18.12.1996) by [1996 c. 61](https://www.legislation.gov.uk/ukpga/1996/61), [s. 12](https://www.legislation.gov.uk/ukpga/1996/61/section/12), [Sch. 7 para. 4(3)](https://www.legislation.gov.uk/ukpga/1996/61/schedule/7/paragraph/4/3)
[^c250802]: Words inserted by [National Heritage Act 1983 (c. 47, SIF 78)](https://www.legislation.gov.uk/ukpga/1983/47), [s. 41](https://www.legislation.gov.uk/ukpga/1983/47/section/41), [Sch. 4 para. 31](https://www.legislation.gov.uk/ukpga/1983/47/schedule/4/paragraph/31)
[^c1451295]: S. 6A inserted by [National Heritage Act 1983 (c. 47, SIF 78)](https://www.legislation.gov.uk/ukpga/1983/47), [s. 41](https://www.legislation.gov.uk/ukpga/1983/47/section/41), [Sch. 4 para. 32](https://www.legislation.gov.uk/ukpga/1983/47/schedule/4/paragraph/32)
[^c250803]: S. 6A(1) restricted (18.12.1996) by [1996 c. 61](https://www.legislation.gov.uk/ukpga/1996/61), [s. 12](https://www.legislation.gov.uk/ukpga/1996/61/section/12), [Sch. 7 para. 4(3)](https://www.legislation.gov.uk/ukpga/1996/61/schedule/7/paragraph/4/3)
@@ -2356,8 +2318,6 @@
[^c250811]: S. 8(2A) inserted by [National Heritage Act 1983 (c. 47, SIF 78)](https://www.legislation.gov.uk/ukpga/1983/47), [s. 41](https://www.legislation.gov.uk/ukpga/1983/47/section/41), [Sch. 4 para. 34(3)(5)](https://www.legislation.gov.uk/ukpga/1983/47/schedule/4/paragraph/34/3/5)
[^c250812]: Words in s. 8(2A)(c) substituted (1.4.1996) by [1994 c. 19](https://www.legislation.gov.uk/ukpga/1994/19), [s. 66(6)](https://www.legislation.gov.uk/ukpga/1994/19/section/66/6), [Sch. 16 para. 56(1)](https://www.legislation.gov.uk/ukpga/1994/19/schedule/16/paragraph/56/1) (with [ss. 54(5)(7)](https://www.legislation.gov.uk/ukpga/1994/19/section/54/5/7), [55(5)](https://www.legislation.gov.uk/ukpga/1994/19/section/55/5), [Sch. 17 paras. 22(1)](https://www.legislation.gov.uk/ukpga/1994/19/schedule/17/paragraph/22/1), [23(2)](https://www.legislation.gov.uk/ukpga/1994/19/schedule/17/paragraph/23/2)); [S.I. 1996/396](https://www.legislation.gov.uk/uksi/1996/396), [art. 4](https://www.legislation.gov.uk/uksi/1996/396/article/4), [Sch.2](https://www.legislation.gov.uk/uksi/1996/396/schedule/2)
[^c250813]: Words inserted by [National Heritage Act 1983 (c. 47, SIF 78)](https://www.legislation.gov.uk/ukpga/1983/47), [s. 41](https://www.legislation.gov.uk/ukpga/1983/47/section/41), [Sch. 4 para. 34(4)(5)](https://www.legislation.gov.uk/ukpga/1983/47/schedule/4/paragraph/34/4/5)
[^c250814]: [1975 c. 76](https://www.legislation.gov.uk/ukpga/1975/76).
@@ -2616,8 +2576,6 @@
[^c251018]: Words in s. 35(5)(a) repealed (1.4.1996) by [1994 c. 19](https://www.legislation.gov.uk/ukpga/1994/19), [s. 66(6)(8)](https://www.legislation.gov.uk/ukpga/1994/19/section/66/6/8), [Sch. 16 para. 56(2)](https://www.legislation.gov.uk/ukpga/1994/19/schedule/16/paragraph/56/2), [Sch.18](https://www.legislation.gov.uk/ukpga/1994/19/schedule/18) (with [ss. 54(5)(7)](https://www.legislation.gov.uk/ukpga/1994/19/section/54/5/7), [55(5)](https://www.legislation.gov.uk/ukpga/1994/19/section/55/5), [Sch. 17 paras. 22(1)](https://www.legislation.gov.uk/ukpga/1994/19/schedule/17/paragraph/22/1), [23(2)](https://www.legislation.gov.uk/ukpga/1994/19/schedule/17/paragraph/23/2)); [S.I. 1996/396](https://www.legislation.gov.uk/uksi/1996/396), [art. 4](https://www.legislation.gov.uk/uksi/1996/396/article/4), [Sch.2](https://www.legislation.gov.uk/uksi/1996/396/schedule/2)
[^c251019]: S. 35(5)(aa) inserted (1.4.1996) by [1994 c. 19](https://www.legislation.gov.uk/ukpga/1994/19), [s. 66(6)](https://www.legislation.gov.uk/ukpga/1994/19/section/66/6), [Sch. 16 para. 56(2)](https://www.legislation.gov.uk/ukpga/1994/19/schedule/16/paragraph/56/2) (with [ss. 54(5)(7)](https://www.legislation.gov.uk/ukpga/1994/19/section/54/5/7), [55(5)](https://www.legislation.gov.uk/ukpga/1994/19/section/55/5), [Sch. 17 paras. 22(1)](https://www.legislation.gov.uk/ukpga/1994/19/schedule/17/paragraph/22/1), [23(2)](https://www.legislation.gov.uk/ukpga/1994/19/schedule/17/paragraph/23/2)); [S.I. 1996/396](https://www.legislation.gov.uk/uksi/1996/396), [art. 4](https://www.legislation.gov.uk/uksi/1996/396/article/4), [Sch.2](https://www.legislation.gov.uk/uksi/1996/396/schedule/2)
[^c251020]: [1972 c. 70](https://www.legislation.gov.uk/ukpga/1972/70).
[^c251021]: S. 35(11) added (E.W.) by [Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1)](https://www.legislation.gov.uk/ukpga/1988/4), [ss. 2(5)(6)](https://www.legislation.gov.uk/ukpga/1988/4/section/2/5/6), [23(2)](https://www.legislation.gov.uk/ukpga/1988/4/section/23/2), [27(2)](https://www.legislation.gov.uk/ukpga/1988/4/section/27/2), [Sch. 3 para. 30(2)](https://www.legislation.gov.uk/ukpga/1988/4/schedule/3/paragraph/30/2), [Sch. 7](https://www.legislation.gov.uk/ukpga/1988/4/schedule/7)
@@ -2770,8 +2728,6 @@
[^c251366]: Words repealed by [Local Government Act 1985 (c. 51, SIF 81:1)](https://www.legislation.gov.uk/ukpga/1985/51), [s. 102](https://www.legislation.gov.uk/ukpga/1985/51/section/102), [Sch. 17](https://www.legislation.gov.uk/ukpga/1985/51/schedule/17)
[^c251367]: S. 61(1)(aa) inserted (1.4.1996) by [1994 c. 19](https://www.legislation.gov.uk/ukpga/1994/19), [s. 66(6)](https://www.legislation.gov.uk/ukpga/1994/19/section/66/6), [Sch. 16 para. 56(3)](https://www.legislation.gov.uk/ukpga/1994/19/schedule/16/paragraph/56/3) (with [ss. 54(5)(7)](https://www.legislation.gov.uk/ukpga/1994/19/section/54/5/7), [55(5)](https://www.legislation.gov.uk/ukpga/1994/19/section/55/5), [Sch. 17 paras. 22(1)](https://www.legislation.gov.uk/ukpga/1994/19/schedule/17/paragraph/22/1), [23(2)](https://www.legislation.gov.uk/ukpga/1994/19/schedule/17/paragraph/23/2)); [S.I. 1996/396](https://www.legislation.gov.uk/uksi/1996/396), [art. 4](https://www.legislation.gov.uk/uksi/1996/396/article/4), [Sch. 2](https://www.legislation.gov.uk/uksi/1996/396/schedule/2)
[^c251368]: [1973 c. 65](https://www.legislation.gov.uk/ukpga/1973/65).
[^c251369]: The definition of "statutory maximum" in s. 61(1) repealed (5.11.1993) by [1993 c. 50](https://www.legislation.gov.uk/ukpga/1993/50), [s. 1(1)](https://www.legislation.gov.uk/ukpga/1993/50/section/1/1), [Sch. 1 Pt. XIV](https://www.legislation.gov.uk/ukpga/1993/50/schedule/1/part/XIV) Group 2
@@ -3048,8 +3004,6 @@
[^key-6b30dd7e557cb66f40cc045d13688b4d]: Words in s. 8(4) inserted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by [Historic Environment Scotland Act 2014 (asp 19)](https://www.legislation.gov.uk/asp/2014/19), [s. 31(2)](https://www.legislation.gov.uk/asp/2014/19/section/31/2), [sch. 2 para. 12(d)](https://www.legislation.gov.uk/asp/2014/19/schedule/2/paragraph/12/d) (with [ss. 29](https://www.legislation.gov.uk/asp/2014/19/section/29), [30](https://www.legislation.gov.uk/asp/2014/19/section/30)); [S.S.I. 2015/31](https://www.legislation.gov.uk/ssi/2015/31), [art. 2](https://www.legislation.gov.uk/ssi/2015/31/article/2), [sch.](https://www.legislation.gov.uk/ssi/2015/31/schedule); [S.S.I. 2015/196](https://www.legislation.gov.uk/ssi/2015/196), [art. 2](https://www.legislation.gov.uk/ssi/2015/196/article/2), [sch.](https://www.legislation.gov.uk/ssi/2015/196/schedule)
[^key-379ddbcda7fc1ce94cfbc9e5b140b3f7]: Words in s. 9(1) inserted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by [Historic Environment Scotland Act 2014 (asp 19)](https://www.legislation.gov.uk/asp/2014/19), [s. 31(2)](https://www.legislation.gov.uk/asp/2014/19/section/31/2), [sch. 2 para. 13](https://www.legislation.gov.uk/asp/2014/19/schedule/2/paragraph/13) (with [ss. 29](https://www.legislation.gov.uk/asp/2014/19/section/29), [30](https://www.legislation.gov.uk/asp/2014/19/section/30)); [S.S.I. 2015/31](https://www.legislation.gov.uk/ssi/2015/31), [art. 2](https://www.legislation.gov.uk/ssi/2015/31/article/2), [sch.](https://www.legislation.gov.uk/ssi/2015/31/schedule); [S.S.I. 2015/196](https://www.legislation.gov.uk/ssi/2015/196), [art. 2](https://www.legislation.gov.uk/ssi/2015/196/article/2), [sch.](https://www.legislation.gov.uk/ssi/2015/196/schedule)
[^key-0ea96c131a64f2deae2740f0e46ee02a]: Words in [Sch. 1 para. 1(1)](https://www.legislation.gov.uk/ukpga/1979/46/schedule/1/paragraph/1/1) substituted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by [Historic Environment Scotland Act 2014 (asp 19)](https://www.legislation.gov.uk/asp/2014/19), [s. 31(2)](https://www.legislation.gov.uk/asp/2014/19/section/31/2), [sch. 2 para. 14(2)](https://www.legislation.gov.uk/asp/2014/19/schedule/2/paragraph/14/2) (with [ss. 29](https://www.legislation.gov.uk/asp/2014/19/section/29), [30](https://www.legislation.gov.uk/asp/2014/19/section/30)); [S.S.I. 2015/31](https://www.legislation.gov.uk/ssi/2015/31), [art. 2](https://www.legislation.gov.uk/ssi/2015/31/article/2), [sch.](https://www.legislation.gov.uk/ssi/2015/31/schedule); [S.S.I. 2015/196](https://www.legislation.gov.uk/ssi/2015/196), [art. 2](https://www.legislation.gov.uk/ssi/2015/196/article/2), [sch.](https://www.legislation.gov.uk/ssi/2015/196/schedule) (with savings in [S.S.I. 2015/239](https://www.legislation.gov.uk/ssi/2015/239), [arts. 1(1)](https://www.legislation.gov.uk/ssi/2015/239/article/1/1), [6](https://www.legislation.gov.uk/ssi/2015/239/article/6))
[^key-216768da9c4fb1a4f6515dff7142f92e]: Words in [Sch. 1 para. 2B(1)](https://www.legislation.gov.uk/ukpga/1979/46/schedule/1/paragraph/2B/1) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by [Historic Environment Scotland Act 2014 (asp 19)](https://www.legislation.gov.uk/asp/2014/19), [s. 31(2)](https://www.legislation.gov.uk/asp/2014/19/section/31/2), [sch. 2 para. 14(4)(a)](https://www.legislation.gov.uk/asp/2014/19/schedule/2/paragraph/14/4/a) (with [ss. 29](https://www.legislation.gov.uk/asp/2014/19/section/29), [30](https://www.legislation.gov.uk/asp/2014/19/section/30)); [S.S.I. 2015/31](https://www.legislation.gov.uk/ssi/2015/31), [art. 2](https://www.legislation.gov.uk/ssi/2015/31/article/2), [sch.](https://www.legislation.gov.uk/ssi/2015/31/schedule); [S.S.I. 2015/196](https://www.legislation.gov.uk/ssi/2015/196), [art. 2](https://www.legislation.gov.uk/ssi/2015/196/article/2), [sch.](https://www.legislation.gov.uk/ssi/2015/196/schedule) (with savings in [S.S.I. 2015/239](https://www.legislation.gov.uk/ssi/2015/239), [arts. 1(1)](https://www.legislation.gov.uk/ssi/2015/239/article/1/1), [6](https://www.legislation.gov.uk/ssi/2015/239/article/6))
@@ -3254,72 +3208,8 @@
[^M_F_decc2080-0efb-4f9f-c0bb-407c9546f602]: [S. 9C(5)](https://www.legislation.gov.uk/ukpga/1979/46/section/9C/5) repealed (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by [Historic Environment Scotland Act 2014 (asp 19)](https://www.legislation.gov.uk/asp/2014/19), [s. 31(2)](https://www.legislation.gov.uk/asp/2014/19/section/31/2), [sch. 2 para. 19(e)](https://www.legislation.gov.uk/asp/2014/19/schedule/2/paragraph/19/e) (with [ss. 29](https://www.legislation.gov.uk/asp/2014/19/section/29), [30](https://www.legislation.gov.uk/asp/2014/19/section/30)); [S.S.I. 2015/31](https://www.legislation.gov.uk/ssi/2015/31), [art. 2](https://www.legislation.gov.uk/ssi/2015/31/article/2), [sch.](https://www.legislation.gov.uk/ssi/2015/31/schedule); [S.S.I. 2015/196](https://www.legislation.gov.uk/ssi/2015/196), [art. 2](https://www.legislation.gov.uk/ssi/2015/196/article/2), [sch.](https://www.legislation.gov.uk/ssi/2015/196/schedule) (with savings in [S.S.I. 2015/239](https://www.legislation.gov.uk/ssi/2015/239), [arts. 1(1)](https://www.legislation.gov.uk/ssi/2015/239/article/1/1), [8](https://www.legislation.gov.uk/ssi/2015/239/article/8))
[^key-0c19508d2cafa9f951f46c5cc5f8400c]: [S. 60(1A)](https://www.legislation.gov.uk/ukpga/1979/46/section/60/1A) inserted (W.) (21.3.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 40(1)](https://www.legislation.gov.uk/anaw/2016/4/section/40/1), [41(1)(f)](https://www.legislation.gov.uk/anaw/2016/4/section/41/1/f)
[^key-f9206dff51910b42dd28757c764648c7]: [S. 60(3)-(5)](https://www.legislation.gov.uk/ukpga/1979/46/section/60/3) inserted (W.) (21.3.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 40(2)](https://www.legislation.gov.uk/anaw/2016/4/section/40/2), [41(1)(f)](https://www.legislation.gov.uk/anaw/2016/4/section/41/1/f)
[^key-308a667f0f0e63228fd72186abd93733]: Words in s. 61(1) inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 6(2)](https://www.legislation.gov.uk/anaw/2016/4/section/6/2), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-0c72d79cd36a0e7a48d1e48fe7e19546]: S. 61(7A) inserted (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 22(3)](https://www.legislation.gov.uk/anaw/2016/4/section/22/3), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-81212f55022db002da8988f70cd854f0]: S. 61(2B) inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 21(5)](https://www.legislation.gov.uk/anaw/2016/4/section/21/5), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-6fbebf1851f02eb34bc9b1e4dd91d5ff]: Words in s. 61(1) inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 21(4)](https://www.legislation.gov.uk/anaw/2016/4/section/21/4), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-d488ae1fe5f0dc3002db75add70dc113]: S. 61(7)(d) and word inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 22(2)(b)](https://www.legislation.gov.uk/anaw/2016/4/section/22/2/b), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-8fa12f5d01b85b0e22be08e975e5c96c]: Word in s. 61(7) omitted (W.) (21.5.2016) by virtue of [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 22(2)(a)](https://www.legislation.gov.uk/anaw/2016/4/section/22/2/a), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-e3981ff2246a1a8f7dfa99a750882ba9]: Sch. 1 para. 2B inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 8](https://www.legislation.gov.uk/anaw/2016/4/section/8), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-62844646927859d0070574d76b3d7de7]: Sch. 1 para. 3A inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 9(2)](https://www.legislation.gov.uk/anaw/2016/4/section/9/2), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-47c67d0cfff717953ebcce63b018669e]: [Ss. 9ZC-9ZH](https://www.legislation.gov.uk/ukpga/1979/46/section/9ZC) and cross-heading inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 12(1)](https://www.legislation.gov.uk/anaw/2016/4/section/12/1), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-38158a2a1a67eb68ffdb428b6b7408d0]: [Ss. 9ZI-9ZL](https://www.legislation.gov.uk/ukpga/1979/46/section/9ZI) and cross-heading inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 13(1)](https://www.legislation.gov.uk/anaw/2016/4/section/13/1), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-b555fbb1db55c6efeff6d74fe533bfa7]: [S. 9ZM](https://www.legislation.gov.uk/ukpga/1979/46/section/9ZM) and cross-heading inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 14](https://www.legislation.gov.uk/anaw/2016/4/section/14), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-6c24d49f9c4d55371fd487b33236308a]: S. 2(3A)(3B) inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 6(1)](https://www.legislation.gov.uk/anaw/2016/4/section/6/1), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-e10e7b1c93ffcbf7359e8d15c6eb2536]: S. 2(8A) inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 15(3)](https://www.legislation.gov.uk/anaw/2016/4/section/15/3), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-ac06055587575206099d65c46b0054b9]: Words in s. 2(8) inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 15(2)](https://www.legislation.gov.uk/anaw/2016/4/section/15/2), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-b069ad0fa61c67b1d20cbc5efe793a7c]: [S. 26(4)](https://www.legislation.gov.uk/ukpga/1979/46/section/26/4) inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 19](https://www.legislation.gov.uk/anaw/2016/4/section/19), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-11f49b8a144a88f891ff04929dbf0340]: Words in s. 27(2) inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 13(2)](https://www.legislation.gov.uk/anaw/2016/4/section/13/2), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-b3038a59f0928d45055fd9d646eb39a5]: [S. 28(1A)](https://www.legislation.gov.uk/ukpga/1979/46/section/28/1A) inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 16(3)](https://www.legislation.gov.uk/anaw/2016/4/section/16/3), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-2496481a21828b664b4cab9a365d4bec]: Words in [s. 28(1)](https://www.legislation.gov.uk/ukpga/1979/46/section/28/1) inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 16(2)](https://www.legislation.gov.uk/anaw/2016/4/section/16/2), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-01b19565ab0ce4316a5bb4ee20e60541]: [S. 42(8)](https://www.legislation.gov.uk/ukpga/1979/46/section/42/8) inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 17(3)](https://www.legislation.gov.uk/anaw/2016/4/section/17/3), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-f7dd4e71b1bc315ff1ae3e5d707b7df8]: Words in [s. 42(7)](https://www.legislation.gov.uk/ukpga/1979/46/section/42/7) inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 17(2)](https://www.legislation.gov.uk/anaw/2016/4/section/17/2), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-224d94e439795dcbb05745311f6750f8]: Words in [s. 44(2)](https://www.legislation.gov.uk/ukpga/1979/46/section/44/2) inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 13(3)](https://www.legislation.gov.uk/anaw/2016/4/section/13/3), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-5fb81b54ddcea05a891f054f3449184b]: Word in [s. 46(3)](https://www.legislation.gov.uk/ukpga/1979/46/section/46/3) inserted (E.W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 12(2)](https://www.legislation.gov.uk/anaw/2016/4/section/12/2), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-4c17522bc2d06738ca808623f50e6444]: Word in [s. 46(3)](https://www.legislation.gov.uk/ukpga/1979/46/section/46/3) inserted (E.W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 13(4)](https://www.legislation.gov.uk/anaw/2016/4/section/13/4), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-6ce0a17f87329e8074e25016cd60326a]: Word in s. 51(3) inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 13(5)](https://www.legislation.gov.uk/anaw/2016/4/section/13/5), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-41500dc8798e5b6582f89fa2acb57507]: [S. 53(2A)(2B)](https://www.legislation.gov.uk/ukpga/1979/46/section/53/2A/2B) inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 20(2)](https://www.legislation.gov.uk/anaw/2016/4/section/20/2), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-717fe126548dae76eb098462558cd32d]: Words in [s. 53(2)](https://www.legislation.gov.uk/ukpga/1979/46/section/53/2) inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 20(1)](https://www.legislation.gov.uk/anaw/2016/4/section/20/1), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-026b15b984fef27322968cfb3eee3b8c]: [S. 56(1A)](https://www.legislation.gov.uk/ukpga/1979/46/section/56/1A) inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 21(2)](https://www.legislation.gov.uk/anaw/2016/4/section/21/2), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-cbaf47f85d038557af70a7349231b8d3]: [S. 56(3)](https://www.legislation.gov.uk/ukpga/1979/46/section/56/3) inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 21(3)](https://www.legislation.gov.uk/anaw/2016/4/section/21/3), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-5f3566bfbaa5e428da02d57fc0cf3b39]: [S. 56(1)(ca)](https://www.legislation.gov.uk/ukpga/1979/46/section/56/1/ca) inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 21(1)](https://www.legislation.gov.uk/anaw/2016/4/section/21/1), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-578c3e6d3e987a6a3ba3bd85a51429a9]: Words in Sch. 1 para. 2(4) inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 7](https://www.legislation.gov.uk/anaw/2016/4/section/7), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-977b2e83d794b705e2a2fd0c326413a9]: Sch. 1 para. 3(5) inserted (W.) (21.5.2016) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 9(1)](https://www.legislation.gov.uk/anaw/2016/4/section/9/1), [41(2)](https://www.legislation.gov.uk/anaw/2016/4/section/41/2)
[^key-604c5eb9510335a410622fbfd143c111]: Words in [s. 36(1)(b)](https://www.legislation.gov.uk/ukpga/1979/46/section/36/1/b) omitted (13.7.2016) by virtue of [Housing and Planning Act 2016 (c. 22)](https://www.legislation.gov.uk/ukpga/2016/22), [s. 216(3)](https://www.legislation.gov.uk/ukpga/2016/22/section/216/3), [Sch. 16 para. 15](https://www.legislation.gov.uk/ukpga/2016/22/schedule/16/paragraph/15); [S.I. 2016/733](https://www.legislation.gov.uk/uksi/2016/733), [reg. 3(j)](https://www.legislation.gov.uk/uksi/2016/733/regulation/3/j)
[^key-87ae75581d07a31d6d71b1347e03646b]: [S. 43(1)-(1B)](https://www.legislation.gov.uk/ukpga/1979/46/section/43/1) substituted for [s. 43(1)](https://www.legislation.gov.uk/ukpga/1979/46/section/43/1) (13.7.2016) by [Housing and Planning Act 2016 (c. 22)](https://www.legislation.gov.uk/ukpga/2016/22), [s. 216(3)](https://www.legislation.gov.uk/ukpga/2016/22/section/216/3), [Sch. 14 para. 10](https://www.legislation.gov.uk/ukpga/2016/22/schedule/14/paragraph/10); [S.I. 2016/733](https://www.legislation.gov.uk/uksi/2016/733), [reg. 3(h)](https://www.legislation.gov.uk/uksi/2016/733/regulation/3/h) (with [reg. 6](https://www.legislation.gov.uk/uksi/2016/733/regulation/6))
@@ -3360,34 +3250,10 @@
[^key-137e030ff52bf9d9212684787324fe17]: Words in s. 50(4) inserted (1.4.2017) by [The Crown Estate Transfer Scheme 2017 (S.I. 2017/524)](https://www.legislation.gov.uk/uksi/2017/524), [art. 1(2)](https://www.legislation.gov.uk/uksi/2017/524/article/1/2), [Sch. 5 para. 15(b)](https://www.legislation.gov.uk/uksi/2017/524/schedule/5/paragraph/15/b)
[^key-fbd1056d0e25e6e9c2b9a246da0261af]: Ss. 1AA-1AE inserted (W.) (21.3.2016 for specified purposes, 31.5.2017 in so far as not already in force) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 3(1)](https://www.legislation.gov.uk/anaw/2016/4/section/3/1), [41(1)(c)(3)](https://www.legislation.gov.uk/anaw/2016/4/section/41/1); [S.I. 2017/633](https://www.legislation.gov.uk/uksi/2017/633), [art. 5(a)](https://www.legislation.gov.uk/uksi/2017/633/article/5/a) (with [art. 6(1)](https://www.legislation.gov.uk/uksi/2017/633/article/6/1))
[^key-0347c87502f825d4c5071e1660fdc499]: [S. 2(6A)](https://www.legislation.gov.uk/ukpga/1979/46/section/2/6A) inserted (W.) (21.3.2016 for specified purposes, 31.5.2017 in so far as not already in force) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 3(2)](https://www.legislation.gov.uk/anaw/2016/4/section/3/2), [41(1)(c)(3)](https://www.legislation.gov.uk/anaw/2016/4/section/41/1/c); [S.I. 2017/633](https://www.legislation.gov.uk/uksi/2017/633), [art. 5(b)](https://www.legislation.gov.uk/uksi/2017/633/article/5/b)
[^key-34eb19a4f4f58fc299954e5dee54c47d]: [S. 2(5A)(5B)](https://www.legislation.gov.uk/ukpga/1979/46/section/2/5A/5B) inserted (W.) (21.3.2016 for specified purposes, 31.5.2017 in so far as not already in force) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 5(1)](https://www.legislation.gov.uk/anaw/2016/4/section/5/1), [41(1)(c)(3)](https://www.legislation.gov.uk/anaw/2016/4/section/41/1/c); [S.I. 2017/633](https://www.legislation.gov.uk/uksi/2017/633), [art. 5(b)](https://www.legislation.gov.uk/uksi/2017/633/article/5/b)
[^key-3fe1a223088294d36b8c380c1a43bbb3]: [Sch. 1 para. 1(3)](https://www.legislation.gov.uk/ukpga/1979/46/schedule/1/paragraph/1/3) inserted (W.) (21.3.2016 for specified purposes, 31.5.2017 in so far as not already in force) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 5(2)](https://www.legislation.gov.uk/anaw/2016/4/section/5/2), [41(1)(c)(3)](https://www.legislation.gov.uk/anaw/2016/4/section/41/1/c/3); [S.I. 2017/633](https://www.legislation.gov.uk/uksi/2017/633), [art. 5(b)](https://www.legislation.gov.uk/uksi/2017/633/article/5/b)
[^key-51146b04e25b032c425dde32af0f9b81]: [Schs. A1](https://www.legislation.gov.uk/ukpga/1979/46/schedule/A1), [A2](https://www.legislation.gov.uk/ukpga/1979/46/schedule/A2) inserted (W.) (21.3.2016 for specified purposes, 31.5.2017 in so far as not already in force) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [s. 41(1)(c)(3)](https://www.legislation.gov.uk/anaw/2016/4/section/41/1/c), [Sch. 1](https://www.legislation.gov.uk/anaw/2016/4/schedule/1); [S.I. 2017/633](https://www.legislation.gov.uk/uksi/2017/633), [art. 5(e)](https://www.legislation.gov.uk/uksi/2017/633/article/5/e)
[^key-42337fe187656f139ec2495f7ab08631]: Words in s. 61(1) inserted (W.) (31.5.2017) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 4(6)](https://www.legislation.gov.uk/anaw/2016/4/section/4/6), [41(3)](https://www.legislation.gov.uk/anaw/2016/4/section/41/3); [S.I. 2017/633](https://www.legislation.gov.uk/wsi/2017/633), [art. 4(a)](https://www.legislation.gov.uk/wsi/2017/633/article/4/a) (with [art. 6(1)](https://www.legislation.gov.uk/wsi/2017/633/article/6/1))
[^key-474b9d51768a3ada05d6214117d94046]: S. 1(5A) inserted (W.) (31.5.2017) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 4(1)](https://www.legislation.gov.uk/anaw/2016/4/section/4/1), [41(3)](https://www.legislation.gov.uk/anaw/2016/4/section/41/3); [S.I. 2017/633](https://www.legislation.gov.uk/wsi/2017/633), [art. 4(a)](https://www.legislation.gov.uk/wsi/2017/633/article/4/a) (with [art. 6(1)](https://www.legislation.gov.uk/wsi/2017/633/article/6/1))
[^key-288eeace3b040b6015145a00cf63a551]: S. 1(6B)(6C) inserted (W.) (31.5.2017) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 4(2)](https://www.legislation.gov.uk/anaw/2016/4/section/4/2), [41(3)](https://www.legislation.gov.uk/anaw/2016/4/section/41/3); [S.I. 2017/633](https://www.legislation.gov.uk/wsi/2017/633), [art. 4(a)](https://www.legislation.gov.uk/wsi/2017/633/article/4/a) (with [art. 6(1)](https://www.legislation.gov.uk/wsi/2017/633/article/6/1))
[^key-bb978972ea833c802a51c3ef0e06c7be]: Words in [s. 27(2)](https://www.legislation.gov.uk/ukpga/1979/46/section/27/2) substituted (W.) (31.5.2017) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 4(3)](https://www.legislation.gov.uk/anaw/2016/4/section/4/3), [41(3)](https://www.legislation.gov.uk/anaw/2016/4/section/41/3); [S.I. 2017/633](https://www.legislation.gov.uk/wsi/2017/633), [art. 4(a)](https://www.legislation.gov.uk/wsi/2017/633/article/4/a) (with [art. 6(1)](https://www.legislation.gov.uk/wsi/2017/633/article/6/1))
[^key-2b3d5fe2480fe1415b00a06b16968814]: Word in [s. 51(3)](https://www.legislation.gov.uk/ukpga/1979/46/section/51/3) inserted (W.) (31.5.2017) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 4(4)](https://www.legislation.gov.uk/anaw/2016/4/section/4/4), [41(3)](https://www.legislation.gov.uk/anaw/2016/4/section/41/3); [S.I. 2017/633](https://www.legislation.gov.uk/wsi/2017/633), [art. 4(a)](https://www.legislation.gov.uk/wsi/2017/633/article/4/a) (with [art. 6(1)](https://www.legislation.gov.uk/wsi/2017/633/article/6/1))
[^key-098d08b0fa0e186b7c7302f5d1fca8c1]: [S. 55(3A)](https://www.legislation.gov.uk/ukpga/1979/46/section/55/3A) inserted (W.) (31.5.2017) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 4(5)](https://www.legislation.gov.uk/anaw/2016/4/section/4/5), [41(3)](https://www.legislation.gov.uk/anaw/2016/4/section/41/3); [S.I. 2017/633](https://www.legislation.gov.uk/uksi/2017/633), [art. 4(a)](https://www.legislation.gov.uk/uksi/2017/633/article/4/a) (with [art. 6(1)](https://www.legislation.gov.uk/uksi/2017/633/article/6/1))
[^M_E_ffe7dbcd-e7b7-49a1-d7ee-537e4bb376a4]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
[^M_E_387d3f55-305e-4f1f-a47e-cccfb0b6c98a]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
[^key-eb87492a32c4f499921762eff048ff8b]: Words in [Sch. A2 para. 7](https://www.legislation.gov.uk/ukpga/1979/46/schedule/A2/paragraph/7) substituted (23.7.2019) by [Public Services Ombudsman (Wales) Act 2019 (anaw 3)](https://www.legislation.gov.uk/anaw/2019/3), [s. 77(1)](https://www.legislation.gov.uk/anaw/2019/3/section/77/1), [Sch. 5 para. 10](https://www.legislation.gov.uk/anaw/2019/3/schedule/5/paragraph/10); [S.I. 2019/1096](https://www.legislation.gov.uk/wsi/2019/1096), [reg. 2](https://www.legislation.gov.uk/wsi/2019/1096/regulation/2)
[^key-e5fc7ae12aa8aef3f69f364ce4071232]: Words in [s. 5(2)(a)](https://www.legislation.gov.uk/ukpga/1979/46/section/5/2/a) inserted (1.12.2020) by [Sentencing Act 2020 (c. 17)](https://www.legislation.gov.uk/ukpga/2020/17), [s. 416(1)](https://www.legislation.gov.uk/ukpga/2020/17/section/416/1), [Sch. 24 para. 40](https://www.legislation.gov.uk/ukpga/2020/17/schedule/24/paragraph/40) (with [Sch. 27](https://www.legislation.gov.uk/ukpga/2020/17/schedule/27)); [S.I. 2020/1236](https://www.legislation.gov.uk/uksi/2020/1236), [reg. 2](https://www.legislation.gov.uk/uksi/2020/1236/regulation/2)
[^key-ab92b138e569542829ef01bf403dfd21]: Words in s. 29 substituted (1.12.2020) by [Sentencing Act 2020 (c. 17)](https://www.legislation.gov.uk/ukpga/2020/17), [s. 416(1)](https://www.legislation.gov.uk/ukpga/2020/17/section/416/1), [Sch. 24 para. 41](https://www.legislation.gov.uk/ukpga/2020/17/schedule/24/paragraph/41) (with [Sch. 24 para. 447](https://www.legislation.gov.uk/ukpga/2020/17/schedule/24/paragraph/447), [Sch. 27](https://www.legislation.gov.uk/ukpga/2020/17/schedule/27)); [S.I. 2020/1236](https://www.legislation.gov.uk/uksi/2020/1236), [reg. 2](https://www.legislation.gov.uk/uksi/2020/1236/regulation/2)
@@ -3420,12 +3286,6 @@
[^key-159eaf9e7cbf854f69f0beedad42d666]: [S. 42(3)](https://www.legislation.gov.uk/ukpga/1979/46/section/42/3) excluded (11.2.2021) by [High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2)](https://www.legislation.gov.uk/ukpga/2021/2), [s. 64(1)](https://www.legislation.gov.uk/ukpga/2021/2/section/64/1), [Sch. 19 para. 1(13)](https://www.legislation.gov.uk/ukpga/2021/2/schedule/19/paragraph/1/13)
[^key-4ccb3ffbdbf63815a8740fc47459c102]: Ss. 9ZA, 9ZB and cross-heading inserted (W.) (21.3.2016 for specified purposes, 1.1.2022 in so far as not already in force) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 11(1)](https://www.legislation.gov.uk/anaw/2016/4/section/11/1), [41(1)(c)(3)](https://www.legislation.gov.uk/anaw/2016/4/section/41/1/c/3); [S.I. 2021/1059](https://www.legislation.gov.uk/uksi/2021/1059), [art. 2(a)](https://www.legislation.gov.uk/uksi/2021/1059/article/2/a)
[^key-1c7c986319e97d0e3a81cd7c2aaaf6a2]: Words in s. 61(1) inserted (W.) (21.3.2016 for specified purposes, 1.1.2022 in so far as not already in force) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 11(2)(a)](https://www.legislation.gov.uk/anaw/2016/4/section/11/2/a), [41(1)(c)(3)](https://www.legislation.gov.uk/anaw/2016/4/section/41/1/c/3); [S.I. 2021/1059](https://www.legislation.gov.uk/uksi/2021/1059), [art. 2(a)](https://www.legislation.gov.uk/uksi/2021/1059/article/2/a)
[^key-7dfd0ccd65e71fcfa33fc951bfa27296]: Words in s. 61(6) inserted (E.W) (21.3.2016 for specified purposes, 1.1.2022 in so far as not already in force) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 11(2)(b)](https://www.legislation.gov.uk/anaw/2016/4/section/11/2/b), [41(1)(c)(3)](https://www.legislation.gov.uk/anaw/2016/4/section/41/1/c/3); [S.I. 2021/1059](https://www.legislation.gov.uk/uksi/2021/1059), [art. 2(a)](https://www.legislation.gov.uk/uksi/2021/1059/article/2/a)
[^key-e46a1aab137396813e20ed0f97d1a51a]: [S. 4](https://www.legislation.gov.uk/ukpga/1979/46/section/4) excluded (1.1.2022) by [The Scheduled Monuments (Heritage Partnership Agreements) (Wales) Regulations 2021 (S.I. 2021/1176)](https://www.legislation.gov.uk/wsi/2021/1176), [reg. 1](https://www.legislation.gov.uk/wsi/2021/1176/regulation/1), [Sch. 1](https://www.legislation.gov.uk/wsi/2021/1176/schedule/1)
[^key-44b645e2bcad7964e9524b054b99f58f]: [S. 6](https://www.legislation.gov.uk/ukpga/1979/46/section/6) applied (with modifications) (1.1.2022) by [The Scheduled Monuments (Heritage Partnership Agreements) (Wales) Regulations 2021 (S.I. 2021/1176)](https://www.legislation.gov.uk/wsi/2021/1176), [reg. 1](https://www.legislation.gov.uk/wsi/2021/1176/regulation/1), [Sch. 1](https://www.legislation.gov.uk/wsi/2021/1176/schedule/1)
@@ -3434,10 +3294,6 @@
[^key-059ab08ac85328c22b6d17091de8e2b6]: [S. 51](https://www.legislation.gov.uk/ukpga/1979/46/section/51) applied (with modifications) (1.1.2022) by [The Scheduled Monuments (Heritage Partnership Agreements) (Wales) Regulations 2021 (S.I. 2021/1176)](https://www.legislation.gov.uk/wsi/2021/1176), [reg. 1](https://www.legislation.gov.uk/wsi/2021/1176/regulation/1), [Sch. 1](https://www.legislation.gov.uk/wsi/2021/1176/schedule/1)
[^key-82c0c3715642209e295798bdd3daf05d]: [S. 41A](https://www.legislation.gov.uk/ukpga/1979/46/section/41A) and cross-heading inserted (W.) (1.2.2022) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 18(1)](https://www.legislation.gov.uk/anaw/2016/4/section/18/1), [41(3)](https://www.legislation.gov.uk/anaw/2016/4/section/41/3); [S.I. 2021/1059](https://www.legislation.gov.uk/uksi/2021/1059), [art. 3](https://www.legislation.gov.uk/uksi/2021/1059/article/3)
[^key-a107c004654346297d758907aeaaab0f]: [S. 50(3A)](https://www.legislation.gov.uk/ukpga/1979/46/section/50/3A) inserted (W.) (1.2.2022) by [Historic Environment (Wales) Act 2016 (anaw 4)](https://www.legislation.gov.uk/anaw/2016/4), [ss. 18(2)](https://www.legislation.gov.uk/anaw/2016/4/section/18/2), [41(3)](https://www.legislation.gov.uk/anaw/2016/4/section/41/3); [S.I. 2021/1059](https://www.legislation.gov.uk/uksi/2021/1059), [art. 3](https://www.legislation.gov.uk/uksi/2021/1059/article/3)
[^M_E_74ee0ffc-4697-4b6b-c9cf-3596906b8a5e]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
[^M_E_6f92dbf1-5fd4-4f2b-ecfd-650a0d69d201]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
@@ -3744,11 +3600,181 @@
[^V_S_8e06a56a-d5d8-37db-91bc-3d901fae7fab]: Words in [s. 55(1)(b)](https://www.legislation.gov.uk/ukpga/1979/46/section/55/1/b) inserted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by [Historic Environment Scotland Act 2014 (asp 19)](https://www.legislation.gov.uk/asp/2014/19), [s. 31(2)](https://www.legislation.gov.uk/asp/2014/19/section/31/2), [sch. 2 para. 50(a)](https://www.legislation.gov.uk/asp/2014/19/schedule/2/paragraph/50/a) (with [ss. 29](https://www.legislation.gov.uk/asp/2014/19/section/29), [30](https://www.legislation.gov.uk/asp/2014/19/section/30)); [S.S.I. 2015/31](https://www.legislation.gov.uk/ssi/2015/31), [art. 2](https://www.legislation.gov.uk/ssi/2015/31/article/2), [sch.](https://www.legislation.gov.uk/ssi/2015/31/schedule); [S.S.I. 2015/196](https://www.legislation.gov.uk/ssi/2015/196), [art. 2](https://www.legislation.gov.uk/ssi/2015/196/article/2), [sch.](https://www.legislation.gov.uk/ssi/2015/196/schedule) (with savings in [S.S.I. 2015/239](https://www.legislation.gov.uk/ssi/2015/239), [arts. 1(1)](https://www.legislation.gov.uk/ssi/2015/239/article/1/1), [12](https://www.legislation.gov.uk/ssi/2015/239/article/12))
[^key-534ac5a43c372712e1390e19079d8e48]: [S. 1(3A)](https://www.legislation.gov.uk/ukpga/1979/46/section/1/3A) inserted (E.W.) (4.11.2024) by [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 20(b)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/20/b) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-758d2340e5006c3799ce1faa3db6c820]: Words in [s. 1(3)](https://www.legislation.gov.uk/ukpga/1979/46/section/1/3) substituted (E.W.) (4.11.2024) by [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 20(a)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/20/a) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-b9f2d42bf568f1cd8955a53c7c55d6e2]: [S. 1(5A)](https://www.legislation.gov.uk/ukpga/1979/46/section/1/5A) omitted (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 20(c)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/20/c) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-6ce7b0eff9904840664284af989cb83b]: [S. 1(6B)](https://www.legislation.gov.uk/ukpga/1979/46/section/1/6B) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 20(e)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/20/e) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-7cff9995bef8282cb632f275afb262ca]: [S. 1(6C)](https://www.legislation.gov.uk/ukpga/1979/46/section/1/6C) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 20(e)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/20/e) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-677d131169edf7a4812110d7d8638612]: [S. 1(6A)](https://www.legislation.gov.uk/ukpga/1979/46/section/1/6A) substituted (E.W.) (4.11.2024) by [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 20(d)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/20/d) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-13c78fa93e51bcee6d0d302b5e74d1ce]: Words in [s. 1(9)](https://www.legislation.gov.uk/ukpga/1979/46/section/1/9) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 20(f)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/20/f) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-3491820fe9bff06a62937c6a82862f14]: [S. 2(3A)](https://www.legislation.gov.uk/ukpga/1979/46/section/2/3A) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 22(a)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/22/a) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-eb7cf1856f788f71346598001124d293]: [S. 2(3B)](https://www.legislation.gov.uk/ukpga/1979/46/section/2/3B) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 22(a)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/22/a) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-964bed99e2ca5a4788be1b5251922e72]: Words in [s. 2(8)](https://www.legislation.gov.uk/ukpga/1979/46/section/2/8) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 22(e)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/22/e) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-da6f50f1f8d6363ec0b53791c6641ee6]: [S. 2(5)(b)](https://www.legislation.gov.uk/ukpga/1979/46/section/2/5/b) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 22(b)(ii)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/22/b/ii) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/uksi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/uksi/2024/860/article/3/d)
[^key-994bc3e510c5a7b6c7161f12cc6465e8]: [S. 2(5A)](https://www.legislation.gov.uk/ukpga/1979/46/section/2/5A) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 22(c)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/22/c) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-f87530feeb3aba12e23ee6e4eb288126]: [S. 2(5B)](https://www.legislation.gov.uk/ukpga/1979/46/section/2/5B) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 22(c)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/22/c) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-24331b06657856f49c3a24877397122e]: [S. 2(6A)](https://www.legislation.gov.uk/ukpga/1979/46/section/2/6A) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 22(d)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/22/d) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-5bb9860488527af0e2aa6bdb1ba38ab4]: [S. 2(8A)](https://www.legislation.gov.uk/ukpga/1979/46/section/2/8A) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 22(f)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/22/f) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-affdcbbff2b1b22aa462c5515f4000e0]: Words in [s. 2(5)(a)](https://www.legislation.gov.uk/ukpga/1979/46/section/2/5/a) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 22(b)(i)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/22/b/i) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-9b0661eb3298f30802f25955232ce9c8]: Words in [s. 4(3)](https://www.legislation.gov.uk/ukpga/1979/46/section/4/3) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 23](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/23) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-c86e6215e7f01cfeabaa2e8c7737d111]: [S. 6(5)](https://www.legislation.gov.uk/ukpga/1979/46/section/6/5) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 24](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/24) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-1c7e72415d9942d6679649d58288c6ee]: Words in [s. 7(1)](https://www.legislation.gov.uk/ukpga/1979/46/section/7/1) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 25](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/25) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-ef67b92162c4e54aea718b13a601084d]: [S. 8(2A)(c)](https://www.legislation.gov.uk/ukpga/1979/46/section/8/2A/c) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 26(a)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/26/a) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/uksi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/uksi/2024/860/article/3/d)
[^key-f78636cfe1915856f3e7f34b78491add]: Words in [s. 8(6)](https://www.legislation.gov.uk/ukpga/1979/46/section/8/6) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 26(b)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/26/b) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/uksi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/uksi/2024/860/article/3/d)
[^key-a90bd3f4d8137bce5ff2fae1e7b879b2]: Words in [s. 9(1)](https://www.legislation.gov.uk/ukpga/1979/46/section/9/1) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 27](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/27) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-9f515979176c9cdcf8edae522679d154]: [S. 9ZA](https://www.legislation.gov.uk/ukpga/1979/46/section/9ZA) omitted (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 28](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/28) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-dd3e7ffa5d2d624fe64b9c7e8cf464b3]: [S. 9ZB](https://www.legislation.gov.uk/ukpga/1979/46/section/9ZB) omitted (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 28](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/28) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-92fcd48007be91995272475d95a8aa13]: [S. 9ZA cross-heading](https://www.legislation.gov.uk/ukpga/1979/46/part/I/crossheading/agreements-concerning-scheduled-monuments-etc-wales) omitted (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 28](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/28) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-41386694842e777b2e5a51fdd728ce8f]: [Ss. 1AA-1AE](https://www.legislation.gov.uk/ukpga/1979/46/section/1AA) omitted (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 21](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/21) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-05728fe9d7f3c7e6a35b0d6b6949cbaa]: [S. 9ZC cross-heading](https://www.legislation.gov.uk/ukpga/1979/46/part/I/crossheading/scheduled-monument-enforcement-notices) omitted (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 29](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/29) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-dcb523fe4c2e55c4685480824de30a2e]: [Ss. 9ZC-9ZH](https://www.legislation.gov.uk/ukpga/1979/46/section/9ZC) omitted (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 29](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/29) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-08dd63f4fecf51d5ac09f5fd521cb38b]: [S. 9ZI cross-heading](https://www.legislation.gov.uk/ukpga/1979/46/part/I/crossheading/scheduled-monuments-temporary-stop-notices) omitted (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 30](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/30) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-d8ad27d3ebba2aa3516136a4b6822e5e]: [Ss. 9ZI-9ZL](https://www.legislation.gov.uk/ukpga/1979/46/section/9ZI) omitted (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 30](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/30) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-181218906a4c33efc983c9914041b8c4]: [S. 9ZM and cross-heading](https://www.legislation.gov.uk/ukpga/1979/46/part/I/crossheading/scheduled-monuments-injunctions) omitted (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 31](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/31) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-2ee04bdac45af34982b0b3f77881c8be]: [S. 26(4)](https://www.legislation.gov.uk/ukpga/1979/46/section/26/4) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 32](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/32) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-cbeeb7039d56a37c61bea7e35d1d5b17]: Words in [s. 27(2)](https://www.legislation.gov.uk/ukpga/1979/46/section/27/2) substituted (E.W.) (4.11.2024) by [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 33](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/33) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/uksi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/uksi/2024/860/article/3/d)
[^key-0121f7b9751a24af9515d7bfeb384ac7]: Words in [s. 28(1)](https://www.legislation.gov.uk/ukpga/1979/46/section/28/1) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 34(a)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/34/a) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-924957b73ead6f71a72e225af6ed3317]: [S. 28(1A)](https://www.legislation.gov.uk/ukpga/1979/46/section/28/1A) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 34(b)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/34/b) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-4bb43fd4f2fc0a858ac2e66973b5c7cb]: [S. 33(1A)](https://www.legislation.gov.uk/ukpga/1979/46/section/33/1A) inserted (E.W.) (4.11.2024) by [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 35(a)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/35/a) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/uksi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/uksi/2024/860/article/3/d)
[^key-82c2e14935487dd0fa46af7b0bd3171f]: Words in [s. 33(5)](https://www.legislation.gov.uk/ukpga/1979/46/section/33/5) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 35(b)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/35/b) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/uksi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/uksi/2024/860/article/3/d)
[^key-c7eace812a5ec7d332ef77495c77548f]: [S. 35(5)(aa)](https://www.legislation.gov.uk/ukpga/1979/46/section/35/5/aa) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 36](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/36) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/uksi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/uksi/2024/860/article/3/d)
[^key-c6494f24b8ee0639f719c488fe02c3bd]: Words in [s. 38(3)(b)](https://www.legislation.gov.uk/ukpga/1979/46/section/38/3/b) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 37(a)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/37/a) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/uksi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/uksi/2024/860/article/3/d)
[^key-5573af415f8d9b320806dac6994c8caf]: Words in [s. 38(9)(b)](https://www.legislation.gov.uk/ukpga/1979/46/section/38/9/b) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 37(b)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/37/b) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/uksi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/uksi/2024/860/article/3/d)
[^key-432e7535d5bf5a310200546beccd6888]: Words in [s. 42(1)](https://www.legislation.gov.uk/ukpga/1979/46/section/42/1) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 39(a)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/39/a) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-44d668ea9bb1a7c1a8631b4f68f65c0b]: Words in [s. 42(3)](https://www.legislation.gov.uk/ukpga/1979/46/section/42/3) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 39(b)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/39/b) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-b4c6278128235a95437f3b430f59c0a1]: Words in [s. 42(7)](https://www.legislation.gov.uk/ukpga/1979/46/section/42/7) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 39(e)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/39/e) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/uksi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/uksi/2024/860/article/3/d)
[^key-15257afbaff95dbdc1550b739f7ac656]: Words in [s. 42(4)](https://www.legislation.gov.uk/ukpga/1979/46/section/42/4) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 39(c)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/39/c) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-6ba710418e372eb29bd26f373fc9ae13]: Words in [s. 42(5)(a)](https://www.legislation.gov.uk/ukpga/1979/46/section/42/5/a) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 39(d)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/39/d) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-3a4e67f9a81d2f440bf100ef4c6f3375]: [S. 42(8)](https://www.legislation.gov.uk/ukpga/1979/46/section/42/8) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 39(f)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/39/f) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-73e353f7f68da975803351c4567e5bb0]: Words in [s. 44(2)](https://www.legislation.gov.uk/ukpga/1979/46/section/44/2) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 40](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/40) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^V_S_749f93d2-edaa-10c4-a204-36d2cdd7a6fa]: Words in s. 9(1) inserted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by [Historic Environment Scotland Act 2014 (asp 19)](https://www.legislation.gov.uk/asp/2014/19), [s. 31(2)](https://www.legislation.gov.uk/asp/2014/19/section/31/2), [sch. 2 para. 13](https://www.legislation.gov.uk/asp/2014/19/schedule/2/paragraph/13) (with [ss. 29](https://www.legislation.gov.uk/asp/2014/19/section/29), [30](https://www.legislation.gov.uk/asp/2014/19/section/30)); [S.S.I. 2015/31](https://www.legislation.gov.uk/ssi/2015/31), [art. 2](https://www.legislation.gov.uk/ssi/2015/31/article/2), [sch.](https://www.legislation.gov.uk/ssi/2015/31/schedule); [S.S.I. 2015/196](https://www.legislation.gov.uk/ssi/2015/196), [art. 2](https://www.legislation.gov.uk/ssi/2015/196/article/2), [sch.](https://www.legislation.gov.uk/ssi/2015/196/schedule)
[^M_E_8a4cc050-4c46-41ba-9205-154c24790246]: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
[^M_E_93c11dbe-f95a-4b25-8d01-17b144e9b44d]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
[^key-cc61867866aa63898d46d2b1bff7dff0]: [S. 45(1)](https://www.legislation.gov.uk/ukpga/1979/46/section/45/1) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 41(a)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/41/a) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-7538e012f1947384c4c3f54183f2933b]: Words in [s. 45(3)](https://www.legislation.gov.uk/ukpga/1979/46/section/45/3) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 41(b)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/41/b) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-bef467d8faf9a210fa8818eaa2c0c9e1]: Words in [s. 46(3)](https://www.legislation.gov.uk/ukpga/1979/46/section/46/3) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 42](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/42) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-b34eddf5c627064ab8cd26afbfeffdd4]: [S. 50(3A)](https://www.legislation.gov.uk/ukpga/1979/46/section/50/3A) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 43](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/43) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/uksi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/uksi/2024/860/article/3/d)
[^key-017ea7cc12c5c3f5f45d69285ad588ec]: Words in [s. 51(3)](https://www.legislation.gov.uk/ukpga/1979/46/section/51/3) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 44](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/44) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-e2274944f1acb8a6ed43c84fe6e366aa]: Word in [s. 53(2)](https://www.legislation.gov.uk/ukpga/1979/46/section/53/2) substituted (E.W.) (4.11.2024) by [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 45(a)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/45/a) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-2d9f3edd764fedca8beeb1f56e667d02]: [S. 53(2A)](https://www.legislation.gov.uk/ukpga/1979/46/section/53/2A) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 45(b)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/45/b) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-aae16b2a2280cfe6679abbc58785485e]: [S. 53(2B)](https://www.legislation.gov.uk/ukpga/1979/46/section/53/2B) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 45(b)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/45/b) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-b2fcab81ca28bf4c20c5927eac55a038]: [S. 55(3A)](https://www.legislation.gov.uk/ukpga/1979/46/section/55/3A) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 46](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/46) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/uksi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/uksi/2024/860/article/3/d)
[^key-887813f0f839f08a88ab61bc091b1aff]: [S. 56(1)(ca)](https://www.legislation.gov.uk/ukpga/1979/46/section/56/1/ca) and word omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 47(a)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/47/a) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/uksi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/uksi/2024/860/article/3/d)
[^key-007ffb33bc823c6f13e4f24e3d627f78]: [S. 56(1A)](https://www.legislation.gov.uk/ukpga/1979/46/section/56/1A) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 47(b)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/47/b) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-fe8a46a1abd6c50f3f39629fd8269cb8]: [S. 56(3)](https://www.legislation.gov.uk/ukpga/1979/46/section/56/3) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 47(c)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/47/c) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-2e10e5c903f0740172084977d1cda380]: [S. 60(1A)](https://www.legislation.gov.uk/ukpga/1979/46/section/60/1A) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 48(a)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/48/a) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-d13636140c2eb80c76624a74680e794a]: [S. 60(3)](https://www.legislation.gov.uk/ukpga/1979/46/section/60/3) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 48(b)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/48/b) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-f47ae7cc686054382554d1b970a7f28e]: [S. 60(4)](https://www.legislation.gov.uk/ukpga/1979/46/section/60/4) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 48(b)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/48/b) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-f7e9dd576db3924169cec41b9be92dcd]: [S. 60(5)](https://www.legislation.gov.uk/ukpga/1979/46/section/60/5) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 48(b)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/48/b) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-95e0d692dcee80ee6eff429be15b6131]: Words in [s. 61(1)](https://www.legislation.gov.uk/ukpga/1979/46/section/61/1) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 49(a)(i)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/49/a/i) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-31dcbd8dc11741927ab6fbaa93d67a1c]: Words in [s. 61(1)](https://www.legislation.gov.uk/ukpga/1979/46/section/61/1) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 49(a)(ii)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/49/a/ii) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-a51aac75a21a49de5d43d950fc6de6ce]: Words in [s. 61(1)](https://www.legislation.gov.uk/ukpga/1979/46/section/61/1) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 49(a)(iii)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/49/a/iii) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-aa5223d1de703288b08867388fa63897]: Words in [s. 61(1)](https://www.legislation.gov.uk/ukpga/1979/46/section/61/1) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 49(a)(iv)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/49/a/iv) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-acfa812132f45525f50a1d5fd90d0d1a]: [S. 61(2B)](https://www.legislation.gov.uk/ukpga/1979/46/section/61/2B) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 49(b)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/49/b) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-20c3275542d9c9d7b8cd0005c18a821f]: [S. 61(7)(d)](https://www.legislation.gov.uk/ukpga/1979/46/section/61/7/d) and word omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 49(d)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/49/d) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-9a987bd04a3134b1d29e55830a49a8e7]: Words in [s. 61(6)](https://www.legislation.gov.uk/ukpga/1979/46/section/61/6) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 49(c)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/49/c) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-bfb3303643f485a19e21b42f73f95e44]: [S. 61(7A)](https://www.legislation.gov.uk/ukpga/1979/46/section/61/7A) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 49(e)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/49/e) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-f9d500954f6a9f6131ce9a65e04a1790]: Words in [s. 61(12)(b)](https://www.legislation.gov.uk/ukpga/1979/46/section/61/12/b) inserted (E.W.) (4.11.2024) by [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 49(f)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/49/f) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-8e637b0ec13fe63b2a94c1ac622202bc]: [Sch. 1 para. 1(3)](https://www.legislation.gov.uk/ukpga/1979/46/schedule/1/paragraph/1/3) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 51(a)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/51/a) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/uksi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/uksi/2024/860/article/3/d)
[^key-4aff8f975d0b623bd8d182d4149dae51]: Words in [Sch. 1 para. 2(4)](https://www.legislation.gov.uk/ukpga/1979/46/schedule/1/paragraph/2/4) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 51(b)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/51/b) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-738524d3c1d8d42f6fcdbca08c84cf64]: [Sch. 1 para. 2B](https://www.legislation.gov.uk/ukpga/1979/46/schedule/1/paragraph/2B) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 51(c)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/51/c) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-cabd806ed89c9db79661aacf7db5cf26]: [Sch. 1 para. 3(5)](https://www.legislation.gov.uk/ukpga/1979/46/schedule/1/paragraph/3/5) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 51(d)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/51/d) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/uksi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/uksi/2024/860/article/3/d)
[^key-fd61f22b40e0a4d14c8a6fb158da07f5]: [Sch. 1 para. 3A](https://www.legislation.gov.uk/ukpga/1979/46/schedule/1/paragraph/3A) omitted (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 51(e)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/51/e) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-701f4d7af8472ab250a00f3b3543ff3a]: Words in [Sch. 1 para. 4(1)](https://www.legislation.gov.uk/ukpga/1979/46/schedule/1/paragraph/4/1) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 51(f)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/51/f) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-bbb524baed70dcbe9543e415035683fd]: Words in [Sch. 1 para. 5(1A)](https://www.legislation.gov.uk/ukpga/1979/46/schedule/1/paragraph/5/1A) omitted (E.W.) (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 51(g)](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/51/g) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-3edfe6eb6048137e7110ef9af6ae0fc4]: [S. 41A and cross-heading](https://www.legislation.gov.uk/ukpga/1979/46/part/III/crossheading/register-of-historic-parks-and-gardens-in-wales) omitted (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 38](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/38) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-86d8fe5170f89d76d48d4f548e2cffbf]: [Sch. A1](https://www.legislation.gov.uk/ukpga/1979/46/schedule/A1) omitted (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 50](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/50) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
[^key-78337d27316ef2c213e2d2d96e79fa6d]: [Sch. A2](https://www.legislation.gov.uk/ukpga/1979/46/schedule/A2) omitted (4.11.2024) by virtue of [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 50](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/50) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)
#### Investigating authorities for areas of archaeological importance.
#### Power of entry for survey and valuation.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Duty to consult on certain amendments relating to the Schedule
#### Powers of limited owners for purposes of sections 12, 16 and 17.
@@ -3756,1760 +3782,1220 @@
#### Restrictions on use of metal detectors.
#### Compensation for refusal of scheduled monument consent.
#### Schedule of monuments.
#### Commission’s functions as to informing and publishing.
#### Control of works affecting scheduled monuments.
#### Compensation for refusal of scheduled monument consent.
### ...
##### 9A
- (1) Where it appears to Historic Environment Scotland that—
- (a) 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
- (b) the works are such as to involve a contravention of section 2(1) or (6),
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*”).
- (2) A scheduled monument enforcement notice must specify the alleged contravention and must (either or both)—
- (a) specify any works falling within subsection (1) which Historic Environment Scotland requires to cease,
- (b) require steps falling within subsection (3) and specified in the notice to be taken.
- (3) Those steps are—
- (a) for restoring the monument or land to its former state,
- (b) 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
- (c) 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.
- (4) In considering whether restoration is undesirable under subsection (3)(b), Historic Environment Scotland is to have regard to the desirability of preserving—
- (a) the national importance of the monument,
- (b) its features of historical, architectural, traditional, artistic or archaeological interest.
- (5) 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.
##### 9B
- (1) A scheduled monument enforcement notice—
- (a) must specify the date on which it is to take effect and, subject to section 9C(3), takes effect on that date, and
- (b) must specify the period (the “period for compliance”) within which—
- (i) any works required to cease must cease,
- (ii) any steps required to be taken must be taken,
and may specify different periods for different works or steps.
- (2) 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.
- (3) 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.
- (4) A copy of a scheduled monument enforcement notice must be served—
- (a) 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,
- (b) 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.
- (5) Historic Environment Scotland may, at any time—
- (a) withdraw a scheduled monument enforcement notice (without prejudice to its power to issue another), or
- (b) waive or relax any requirement of such a notice and, in particular, extend the period for compliance.
- (6) 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.
- (7) Historic Environment Scotland must—
- (a) 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
- (b) on request, provide a copy of a scheduled monument enforcement notice.
##### 9C
- (1) 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).
- (2) Those grounds are—
- (za) that the monument is not of national importance,
- (a) that the matters alleged to constitute a contravention of section 2(1) or (6) have not occurred,
- (b) that those matters (if they occurred) do not constitute such a contravention,
- (c) that—
- (i) works to the monument or land were urgently necessary in the interests of safety or health,
- (ii) it was not practicable to secure safety or health by works of repair or works for affording temporary support or shelter, and
- (iii) the works carried out were limited to the minimum measures immediately necessary,
- (ca) 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,
- (d) that copies of the notice were not served as required by section 9B(4),
- (da) 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,
- (e) that the period for compliance for any works or step falls short of what should reasonably be allowed.
- (f) 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,
- (g) that the cessation of any works required by the notice exceeds what is necessary to remedy the contravention of section 2(1) or (6),
- (h) 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,
- (i) 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.
- (2A) 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.
- (3) Where an appeal is brought under this section the notice is of no effect until the appeal is withdrawn or finally determined.
- (3A) 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—
- (a) specifying the grounds on which the appeal is made,
- (b) giving such further information as may be prescribed.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 9D
- (1) 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—
- (a) enter on the land in, on or under which the scheduled monument is situated and take those steps, and
- (b) 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.
- (2) Where a scheduled monument enforcement notice has been served in respect of a monument—
- (a) 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
- (b) 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 ,
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.
- (3) 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.
- (4) 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.
- (5) After selling the materials Historic Environment Scotland must pay the proceeds to the owner less the expenses recoverable by it from the owner.
- (6) 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—
- (a) 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
- (b) 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 ,
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.
- (7) 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.
- (8) 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.
##### 9E
- (1) 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.
- (2) 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.
- (3) An offence under this section may be charged by reference to any day or longer period of time.
- (4) 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.
- (5) In proceedings against any person for an offence under this section, it is a defence for the person to show that—
- (a) 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
- (b) the person was not served with a copy of the notice and was not aware of its existence.
- (6) A person guilty of an offence under this section is liable—
- (a) on summary conviction, to a fine not exceeding £20,000, and
- (b) on conviction on indictment, to a fine.
- (7) 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.
##### 9F
- (1) If, after the issue of a scheduled monument enforcement notice, consent is granted under section 2(3A)—
- (a) for the retention of any work to which the notice relates, or
- (b) permitting the retention of works without complying with some condition subject to which a previous scheduled monument consent was granted,
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.
- (2) 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
##### 9G
- (1) 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.
- (2) 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.
- (3) 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.
- (4) A stop notice may not be served if the scheduled monument enforcement notice has taken effect.
- (5) A stop notice must specify the date when it is to come into effect, and that date—
- (a) 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
- (b) must not be later than 28 days from the date when the notice is first served on any person.
- (6) 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.
- (7) Historic Environment Scotland may at any time withdraw a stop notice (without prejudice to its power to serve another) by notice which must be—
- (a) served on all persons who were served with the stop notice, and
- (b) publicised by displaying it for 7 days in place of all or any site notices (within the meaning of section 9H(3)).
##### 9H
- (1) A stop notice ceases to have effect when—
- (a) the scheduled monument enforcement notice to which it relates is withdrawn or quashed,
- (b) the period for compliance expires, or
- (c) notice of the withdrawal of the stop notice is served under section 9G(7),
whichever occurs first.
- (2) 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.
- (3) 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*”)—
- (a) stating that a stop notice has been served on a particular person or persons,
- (b) indicating its requirements, and
- (c) stating that any person contravening it may be prosecuted for an offence under section 9J.
- (4) 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.
##### 9I
- (1) 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).
- (2) That is loss or damage directly attributable to—
- (a) the prohibition contained in the stop notice, or
- (b) 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.
- (3) For the purposes of this section, a stop notice ceases to have effect when—
- (a) the scheduled monument enforcement notice is quashed,
- (b) 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,
- (c) 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
- (d) the stop notice is withdrawn.
- (4) 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.
- (5) No compensation is payable under this section—
- (a) 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
- (b) 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.
##### 9J
- (1) 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.
- (2) Contravention of a stop notice includes causing or permitting its contravention.
- (3) An offence under this section may be charged by reference to any day or longer period of time.
- (4) 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.
- (5) It is a defence in any proceedings under this section that—
- (a) the stop notice was not served on the accused, and
- (b) the accused had no reasonable cause to believe that the works were prohibited by the stop notice.
- (6) A person guilty of an offence under this section is liable—
- (a) on summary conviction, to a fine not exceeding £20,000, and
- (b) on conviction on indictment, to a fine.
- (7) 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.
### Temporary stop notices
##### 9K
- (1) Where it appears to Historic Environment Scotland that—
- (a) 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,
- (b) the works are such as to involve a contravention of section 2(1) or (6), and
- (c) it is expedient that the works are (or any part of the works is) stopped immediately,
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.
- (2) The notice must be given in writing and must—
- (a) specify the works in question,
- (b) prohibit execution of the works (or so much of the works as is specified in the notice), and
- (c) set out Historic Environment Scotland's reasons for issuing the notice.
- (3) A temporary stop notice may be served on any of the following—
- (a) a person who appears to Historic Environment Scotland to be executing, or causing to be executed, the works,
- (b) 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).
- (4) 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) a copy of the notice, and
- (b) a statement as to the effect of section 9M.
- (5) A temporary stop notice has effect from the time a copy of it is first displayed in pursuance of subsection (4).
- (6) 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.
- (7) 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.
- (8) 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.
##### 9L
- (1) 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.
- (2) In subsection (1), “*enforcement action*” includes obtaining the grant of an interdict under section 9O.
##### 9M
- (1) A person who contravenes a temporary stop notice—
- (a) which has been served on the person, or
- (b) a copy of which has been displayed in pursuance of section 9K(4),
is guilty of an offence.
- (2) Contravention of a temporary stop notice includes causing or permitting its contravention.
- (3) An offence under this section may be charged by reference to a day or to a longer period of time.
- (4) 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.
- (5) It is a defence in any proceedings under this section that—
- (a) the temporary stop notice was not served on the accused, and
- (b) the accused did not know, and could not reasonably have been expected to know, of its existence.
- (6) A person guilty of an offence under this section is liable—
- (a) on summary conviction, to a fine not exceeding £20,000,
- (b) on conviction on indictment, to a fine.
- (7) 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.
##### 9N
- (1) 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.
- (2) But subsection (1) applies only if the circumstances are as set out in one or both of the following paragraphs—
- (a) the works specified in the notice are authorised by scheduled monument consent granted on or before the date mentioned in that subsection,
- (b) Historic Environment Scotland withdraws the notice other than following such grant of scheduled monument consent as is mentioned in paragraph (a).
- (3) 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.
### Interdicts
##### 9O
- (1) 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.
- (1A) 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.
- (2) 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.
- (3) In this section “*the court*” means the Court of Session or the sheriff.
#### Ancient Monuments Boards.
#### Ancient Monuments Boards.
#### Investigating authorities for areas of archaeological importance.
#### Compensation for damage caused by exercise of certain powers under this Act.
#### Power of entry on land believed to contain an ancient monument.
## Part 1A — Inventories of gardens and designed landscapes and of battlefields
##### 32A
- (1) 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.
- (2) 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.
- (3) Historic Environment Scotland may, from time to time, modify the inventory so as to—
- (a) add an entry relating to grounds mentioned in subsection (2);
- (b) remove an entry relating to such grounds;
- (c) 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).
- (4) 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—
- (a) inform—
- (i) the owner of the grounds;
- (ii) (if the owner is not the occupier) the occupier of the grounds; and
- (iii) any local authority in whose area the grounds are situated,
of the inclusion or modification; and
- (b) 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.
- (5) 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.
##### 32B
- (1) 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.
- (2) In this section, “*battlefield*” means—
- (a) an area of land over which a battle was fought; or
- (b) an area of land on which any significant activities relating to a battle occurred (whether or not the battle was fought over that area).
- (3) 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.
#### Designation of areas of archaeological importance.
#### Special provision for Scotland.
#### Schedule of monuments.
#### Commission’s functions as to informing and publishing.
#### Control of works affecting scheduled monuments.
##### 45A
- (1) 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—
- (a) in or in connection with;
- (b) with a view to the promotion of,
the development or understanding of matters of historic, architectural, traditional, artistic or archaeological interest.
- (2) 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.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Special provision for Scotland.
##### 2B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interim protection pending decisions on certain amendments relating to the Schedule
##### 1B
- (1) Historic Environment Scotland must—
- (a) publish the Schedule compiled and maintained under section 1, and any amendments of the Schedule, and
- (b) make the Schedule available for public inspection,
in such manner as may be prescribed.
- (2) The Scottish Ministers may by regulations make further provision for—
- (a) the publication of the Schedule,
- (b) the making of the Schedule available for public inspection,
- (c) 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.
##### 1C
- (1) This section applies where Historic Environment Scotland makes a decision—
- (a) to include a monument in the Schedule,
- (b) to amend an entry in the Schedule relating to a monument.
- (2) A person mentioned in subsection (3) may appeal the decision to the Scottish Ministers.
- (3) The person is—
- (a) the owner of the monument,
- (b) the tenant of the monument,
- (c) the occupier of the monument.
##### 1D
- (1) The Scottish Ministers may—
- (a) dismiss an appeal under section 1C,
- (b) allow such an appeal (in whole or in part).
- (2) 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.
- (3) 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.
- (4) Except as provided for by section 55, the decision of the Scottish Ministers on an appeal under section 1C is final.
##### 1E
- (1) The Scottish Ministers may by regulations make provision in connection with appeals under section 1C, including provision about—
- (a) the grounds on which an appeal may be made,
- (b) the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal.
- (2) Regulations under subsection (1) may also make provision about the procedure to be followed, including—
- (a) the form, manner and time for making an appeal,
- (b) the notification of an appeal,
- (c) the manner in which an appeal is to be conducted.
- (3) 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).
- (4) 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.
##### 3A
- (1) 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.
- (2) 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.
- (3) Historic Environment Scotland or, as the case may be, the Scottish Ministers may, on such an application—
- (a) vary or discharge the conditions attached to the consent (whether or not the application relates to the condition varied or discharged),
- (b) add new conditions consequential upon the variation or discharge.
##### 3B
- (1) The Scottish Ministers may give directions requiring applications for—
- (a) scheduled monument consent,
- (b) variation or discharge of conditions to which scheduled monument consent is subject,
- (c) subsequent approval required by a condition to which scheduled monument consent is subject,
to be referred to them instead of being dealt with by Historic Environment Scotland.
- (2) A direction under this section may relate either to a particular application or to applications of a class specified in the direction.
- (3) A direction under this section may be withdrawn or modified by a subsequent direction.
- (4) An application in respect of which a direction under this section has effect is to be referred to the Scottish Ministers accordingly.
- (5) 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.
- (6) Except as provided for by section 55, the decision of the Scottish Ministers on any application referred to them under this section is final.
- (7) The reference in subsection (1)(c) to scheduled monument consent includes a reference to consent granted by order under section 3.
##### 3C
- (1) 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.
- (2) Regulations under subsection (1) may also make provision about the procedure to be followed, including—
- (a) the notification of a referral,
- (b) the manner in which a referral is to be conducted.
- (3) 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).
##### 4A
- (1) 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.
- (2) The Scottish Ministers may not make an order under this section without consulting Historic Environment Scotland.
- (3) Where the Scottish Ministers propose to make such an order, they must serve notice on—
- (a) the owner of the scheduled monument affected,
- (b) where the owner is not the occupier of the monument, the occupier, and
- (c) any other person who in their opinion will be affected by the order.
- (4) 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.
- (5) 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.
- (6) 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.
- (7) 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.
##### 4B
- (1) This section applies where Historic Environment Scotland makes a decision—
- (a) refusing an application for scheduled monument consent,
- (b) granting such an application subject to conditions,
- (c) refusing an application for variation or discharge of conditions to which a scheduled monument consent is subject,
- (d) granting such an application subject to conditions,
- (e) refusing an application for subsequent approval required by a condition to which a scheduled monument consent is subject.
- (2) A person who made the application mentioned in subsection (1) may appeal the decision to the Scottish Ministers.
- (3) 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.
- (4) An appeal under this section may include the ground that—
- (a) the monument should not be included in the Schedule,
- (b) the entry in the Schedule relating to the monument should be amended.
##### 4C
- (1) The Scottish Ministers may—
- (a) dismiss an appeal under section 4B,
- (b) allow such an appeal (in whole or in part).
- (2) 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.
- (3) 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.
- (4) Subsection (5) applies where—
- (a) the grounds of appeal include the ground—
- (i) that the monument should not be included in the Schedule, or
- (ii) that the entry in the Schedule relating to the monument should be amended, and
- (b) the Scottish Ministers uphold that ground.
- (5) 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.
- (6) Except as provided for by section 55, the decision of the Scottish Ministers on an appeal under section 4B is final.
##### 4D
- (1) The Scottish Ministers may by regulations make provision in connection with appeals under section 4B, including provision about—
- (a) subject to section 4B(4), the grounds on which an appeal may be made,
- (b) the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal.
- (2) Regulations under subsection (1) may also make provision about the procedure to be followed, including—
- (a) the form, manner and time for making an appeal,
- (b) the notification of an appeal,
- (c) the manner in which an appeal is to be conducted.
- (3) 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).
- (4) Regulations under subsection (1) may also provide that an appeal in respect of an application—
- (a) for scheduled monument consent, or
- (b) for the variation or discharge of conditions to which such a consent is subject,
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.
- (5) 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.
- (6) 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.
#### Compensation for refusal of scheduled monument consent.
##### 9CA
- (1) 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.
- (2) 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—
- (a) correct any defect, error or misdescription in the scheduled monument enforcement notice, or
- (b) vary the terms of the notice.
- (3) 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.
- (4) The Scottish Ministers may—
- (a) dismiss such an appeal if the appellant fails to comply with section 9C(3A) within the prescribed time,
- (b) 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).
- (5) On the determination of an appeal under section 9C the Scottish Ministers may—
- (a) grant scheduled monument consent for the works to which the scheduled monument enforcement notice relates,
- (b) discharge any condition subject to which such consent was granted and substitute any other condition, whether more or less onerous, or
- (c) direct Historic Environment Scotland to exercise its power under section 1(5) to modify the Schedule to give effect to that determination.
- (6) Any scheduled monument consent granted by the Scottish Ministers under subsection (5)(a) is to be treated as granted under section 2(3).
- (7) Except as provided for by section 55, the decision of the Scottish Ministers on an appeal under section 9C is final.
##### 9CB
- (1) 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.
- (2) Regulations under subsection (1) may also make provision about the procedure to be followed, including—
- (a) the form, manner and time for making an appeal,
- (b) the notification of an appeal,
- (c) the manner in which an appeal is to be conducted.
- (3) 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).
- (4) 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.
##### 9FA
- (1) 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.
- (2) A scheduled monument enforcement notice served by the Scottish Ministers has the same effect as if it had been served by Historic Environment Scotland.
- (3) The Scottish Ministers must not serve such a notice without consulting Historic Environment Scotland.
- (4) 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.
##### 9HA
- (1) 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.
- (2) A stop notice served by the Scottish Ministers has the same effect as if it had been served by Historic Environment Scotland.
- (3) The Scottish Ministers must not serve such a notice without consulting Historic Environment Scotland.
- (4) 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.
#### Public access to monuments under public control.
#### Transfer of ancient monuments between local authorities and Secretary of State.
#### Designation of areas of archaeological importance.
### Local inquiries
##### 23A
- (1) 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.
- (2) The Scottish Ministers must appoint a person to hold the inquiry and to report on it to them.
- (3) 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.
##### 23B
- (1) 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.
- (2) Regulations under subsection (1) may in particular make provision—
- (a) about the notification of an inquiry or hearing,
- (b) about the manner in which an inquiry or hearing is to be conducted,
- (c) as to procedure in connection with matters preparatory to such inquiries or hearings and in connection with matters subsequent to them.
#### Development and understanding of matters of historic, etc. interest: grants and loans
#### Special provision for Scotland.
#### Special provision for Scotland.
#### Special provision for Scotland.
##### 2C
- (1) 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.
- (2) This sub-paragraph applies where—
- (a) regulations, or
- (b) directions given to Historic Environment Scotland by the Scottish Ministers,
provide that the application must be so notified.
- (3) The Scottish Ministers may within the period of 28 days beginning with the date of the notification—
- (a) direct the reference of the application to them under section 3B, or
- (b) give notice to Historic Environment Scotland that they require further time in which to consider whether to require such a reference.
- (4) Historic Environment Scotland must not grant scheduled monument consent until—
- (a) the period mentioned in sub-paragraph (3) has expired without the Scottish Ministers directing the reference of the application to them or giving notice under paragraph (b) of that sub-paragraph, or
- (b) the Scottish Ministers have notified Historic Environment Scotland that they do not intend to require the reference of the application.
##### 2D
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—
- (a) any applications made to it for scheduled monument consent, and
- (b) the decisions taken on those applications.
##### 10
- (1) 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.
- (2) Where Historic Environment Scotland submits an order to the Scottish Ministers for confirmation, it must serve notice on—
- (a) the owner of the scheduled monument affected,
- (b) where the owner is not the occupier of the monument, the occupier, and
- (c) any other person who in its opinion will be affected by the order.
- (3) 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.
- (4) 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.
- (5) The Scottish Ministers may confirm any such order submitted to them either without modification or subject to such modifications as they consider expedient.
##### 11
- (1) Where sub-paragraph (2) applies, Historic Environment Scotland—
- (a) need not submit the order under section 4 modifying or revoking the scheduled monument consent to the Scottish Ministers for approval,
- (b) must instead take the steps mentioned in sub-paragraph (3).
- (2) This sub-paragraph applies where—
- (a) the owner of the scheduled monument affected,
- (b) where the owner is not the occupier of the monument, the occupier, and
- (c) all other persons who in Historic Environment Scotland's opinion will be affected by the order,
have notified Historic Environment Scotland in writing that they do not object to the order.
- (3) The steps referred to in sub-paragraph (1)(b) are—
- (a) advertising in the prescribed manner the fact that the order has been made,
- (b) serving notice to the same effect on the persons mentioned in sub-paragraph (2), and
- (c) sending a copy of any such advertisement to the Scottish Ministers not more than 3 days after its publication.
- (4) The advertisement under sub-paragraph (3)(a) must specify—
- (a) the period within which persons affected by the order may give notice to the Scottish Ministers that they require an opportunity of appearing before and being heard by a person appointed by the Scottish Ministers for the purpose, and
- (b) the period at the end of which, if no such notice is given to the Scottish Ministers, the order may take effect by virtue of this paragraph and without being confirmed by the Scottish Ministers.
- (5) 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.
- (6) 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).
- (7) 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.
- (8) 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—
- (a) no person claiming to be affected by the order has given notice to the Scottish Ministers as mentioned in sub-paragraph (4)(a) within the period referred to in that sub-paragraph, and
- (b) the Scottish Ministers have not directed that the order be submitted to them for confirmation.
## SCHEDULE 1A
### Determination of appeals by appointed person
##### 1
- (1) 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.
- (2) Those classes of appeals are to be so determined except in such classes of case—
- (a) as may for the time being be prescribed, or
- (b) as may be specified in directions given by the Scottish Ministers.
- (3) Regulations under sub-paragraph (1) may provide for the giving of publicity to any directions given by the Scottish Ministers under this paragraph.
- (4) 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.
- (5) A person appointed under this paragraph is referred to in this schedule as an “appointed person”.
### Powers and duties of appointed person
##### 2
- (1) An appointed person is to have the same powers and duties—
- (a) in relation to an appeal under section 1C as the Scottish Ministers have under section 1D,
- (b) in relation to an appeal under section 4B as the Scottish Ministers have under section 4C,
- (c) in relation to an appeal under section 9C as the Scottish Ministers have under section 9CA.
- (2) Where an appeal has been determined by an appointed person, the decision is to be treated as a decision of the Scottish Ministers.
- (3) Except as provided for by section 55, the decision of an appointed person on any appeal is final.
### Determination of appeals by the Scottish Ministers
##### 3
- (1) 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.
- (2) Such a direction must—
- (a) state the reasons for which it is given, and
- (b) be served on the appellant.
- (3) 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.
- (4) 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.
##### 4
- (1) The Scottish Ministers may by a further direction revoke a direction under paragraph 3 at any time before the determination of the appeal.
- (2) Such a further direction must—
- (a) state the reasons for which it is given, and
- (b) be served on—
- (i) the person, if any, previously appointed to determine the appeal, and
- (ii) the appellant.
- (3) 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.
- (4) 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.
### Appointment of another person to determine appeal
##### 5
- (1) At any time before the appointed person has determined the appeal the Scottish Ministers may—
- (a) revoke the appointment, and
- (b) appoint another person under paragraph 1 to determine the appeal instead.
- (2) 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.
- (3) 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.
### Local inquiries and hearings
##### 6
- (1) Whether or not the parties to an appeal have asked for an opportunity to appear and be heard, an appointed person—
- (a) may hold a local inquiry in connection with the appeal, and
- (b) must do so if the Scottish Ministers so direct.
- (2) Where an appointed person—
- (a) holds a hearing, or
- (b) holds an inquiry by virtue of this paragraph,
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.
- (3) Subject to sub-paragraph (4), the expenses of any such hearing or inquiry are to be paid by the Scottish Ministers.
- (4) 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.
- (5) 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.
- (6) 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.
### Supplementary provisions
##### 7
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.
##### 1AA
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##### 1AB
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##### 1AC
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##### 1AD
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##### 1AE
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### ...
##### 9ZA
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##### 9ZB
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#### Special provision for Scotland.
## SCHEDULE A1
##### 1
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##### 2
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##### 6
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## SCHEDULE A2
### Decisions on reviews by appointed persons
##### 1
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### Powers and duties of appointed person
##### 2
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### Appointment of another person to make a decision on a review
##### 3
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### Public local inquiries, hearings and written representations
##### 4
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### Directions
##### 5
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### Delegation
##### 6
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### Supplementary provision
##### 7
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##### 9ZC
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##### 9ZD
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#### Scheduled monument enforcement notice: appeal
##### 9ZE
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##### 9ZF
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##### 9ZG
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##### 9ZH
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### ...
##### 9ZI
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##### 9ZJ
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##### 9ZK
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##### 9ZL
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##### 9ZM
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### Scheduled monument enforcement notices
##### 9A
- (1) Where it appears to Historic Environment Scotland that—
- (a) 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
- (b) the works are such as to involve a contravention of section 2(1) or (6),
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*”).
- (2) A scheduled monument enforcement notice must specify the alleged contravention and must (either or both)—
- (a) specify any works falling within subsection (1) which Historic Environment Scotland requires to cease,
- (b) require steps falling within subsection (3) and specified in the notice to be taken.
- (3) Those steps are—
- (a) for restoring the monument or land to its former state,
- (b) 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
- (c) 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.
- (4) In considering whether restoration is undesirable under subsection (3)(b), Historic Environment Scotland is to have regard to the desirability of preserving—
- (a) the national importance of the monument,
- (b) its features of historical, architectural, traditional, artistic or archaeological interest.
- (5) 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.
##### 9B
- (1) A scheduled monument enforcement notice—
- (a) must specify the date on which it is to take effect and, subject to section 9C(3), takes effect on that date, and
- (b) must specify the period (the “period for compliance”) within which—
- (i) any works required to cease must cease,
- (ii) any steps required to be taken must be taken,
and may specify different periods for different works or steps.
- (2) 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.
- (3) 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.
- (4) A copy of a scheduled monument enforcement notice must be served—
- (a) 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,
- (b) 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.
- (5) Historic Environment Scotland may, at any time—
- (a) withdraw a scheduled monument enforcement notice (without prejudice to its power to issue another), or
- (b) waive or relax any requirement of such a notice and, in particular, extend the period for compliance.
- (6) 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.
- (7) Historic Environment Scotland must—
- (a) 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
- (b) on request, provide a copy of a scheduled monument enforcement notice.
##### 9C
- (1) 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).
- (2) Those grounds are—
- (za) that the monument is not of national importance,
- (a) that the matters alleged to constitute a contravention of section 2(1) or (6) have not occurred,
- (b) that those matters (if they occurred) do not constitute such a contravention,
- (c) that—
- (i) works to the monument or land were urgently necessary in the interests of safety or health,
- (ii) it was not practicable to secure safety or health by works of repair or works for affording temporary support or shelter, and
- (iii) the works carried out were limited to the minimum measures immediately necessary,
- (ca) 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,
- (d) that copies of the notice were not served as required by section 9B(4),
- (da) 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,
- (e) that the period for compliance for any works or step falls short of what should reasonably be allowed.
- (f) 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,
- (g) that the cessation of any works required by the notice exceeds what is necessary to remedy the contravention of section 2(1) or (6),
- (h) 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,
- (i) 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.
- (2A) 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.
- (3) Where an appeal is brought under this section the notice is of no effect until the appeal is withdrawn or finally determined.
- (3A) 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—
- (a) specifying the grounds on which the appeal is made,
- (b) giving such further information as may be prescribed.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 9D
- (1) 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—
- (a) enter on the land in, on or under which the scheduled monument is situated and take those steps, and
- (b) 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.
- (2) Where a scheduled monument enforcement notice has been served in respect of a monument—
- (a) 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
- (b) 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 ,
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.
- (3) 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.
- (4) 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.
- (5) After selling the materials Historic Environment Scotland must pay the proceeds to the owner less the expenses recoverable by it from the owner.
- (6) 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—
- (a) 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
- (b) 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 ,
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.
- (7) 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.
- (8) 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.
##### 9E
- (1) 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.
- (2) 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.
- (3) An offence under this section may be charged by reference to any day or longer period of time.
- (4) 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.
- (5) In proceedings against any person for an offence under this section, it is a defence for the person to show that—
- (a) 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
- (b) the person was not served with a copy of the notice and was not aware of its existence.
- (6) A person guilty of an offence under this section is liable—
- (a) on summary conviction, to a fine not exceeding £20,000, and
- (b) on conviction on indictment, to a fine.
- (7) 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.
##### 9F
- (1) If, after the issue of a scheduled monument enforcement notice, consent is granted under section 2(3A)—
- (a) for the retention of any work to which the notice relates, or
- (b) permitting the retention of works without complying with some condition subject to which a previous scheduled monument consent was granted,
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.
- (2) 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
##### 9G
- (1) 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.
- (2) 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.
- (3) 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.
- (4) A stop notice may not be served if the scheduled monument enforcement notice has taken effect.
- (5) A stop notice must specify the date when it is to come into effect, and that date—
- (a) 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
- (b) must not be later than 28 days from the date when the notice is first served on any person.
- (6) 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.
- (7) Historic Environment Scotland may at any time withdraw a stop notice (without prejudice to its power to serve another) by notice which must be—
- (a) served on all persons who were served with the stop notice, and
- (b) publicised by displaying it for 7 days in place of all or any site notices (within the meaning of section 9H(3)).
##### 9H
- (1) A stop notice ceases to have effect when—
- (a) the scheduled monument enforcement notice to which it relates is withdrawn or quashed,
- (b) the period for compliance expires, or
- (c) notice of the withdrawal of the stop notice is served under section 9G(7),
whichever occurs first.
- (2) 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.
- (3) 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*”)—
- (a) stating that a stop notice has been served on a particular person or persons,
- (b) indicating its requirements, and
- (c) stating that any person contravening it may be prosecuted for an offence under section 9J.
- (4) 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.
##### 9I
- (1) 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).
- (2) That is loss or damage directly attributable to—
- (a) the prohibition contained in the stop notice, or
- (b) 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.
- (3) For the purposes of this section, a stop notice ceases to have effect when—
- (a) the scheduled monument enforcement notice is quashed,
- (b) 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,
- (c) 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
- (d) the stop notice is withdrawn.
- (4) 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.
- (5) No compensation is payable under this section—
- (a) 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
- (b) 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.
##### 9J
- (1) 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.
- (2) Contravention of a stop notice includes causing or permitting its contravention.
- (3) An offence under this section may be charged by reference to any day or longer period of time.
- (4) 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.
- (5) It is a defence in any proceedings under this section that—
- (a) the stop notice was not served on the accused, and
- (b) the accused had no reasonable cause to believe that the works were prohibited by the stop notice.
- (6) A person guilty of an offence under this section is liable—
- (a) on summary conviction, to a fine not exceeding £20,000, and
- (b) on conviction on indictment, to a fine.
- (7) 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.
### Temporary stop notices
##### 9K
- (1) Where it appears to Historic Environment Scotland that—
- (a) 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,
- (b) the works are such as to involve a contravention of section 2(1) or (6), and
- (c) it is expedient that the works are (or any part of the works is) stopped immediately,
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.
- (2) The notice must be given in writing and must—
- (a) specify the works in question,
- (b) prohibit execution of the works (or so much of the works as is specified in the notice), and
- (c) set out Historic Environment Scotland's reasons for issuing the notice.
- (3) A temporary stop notice may be served on any of the following—
- (a) a person who appears to Historic Environment Scotland to be executing, or causing to be executed, the works,
- (b) 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).
- (4) 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) a copy of the notice, and
- (b) a statement as to the effect of section 9M.
- (5) A temporary stop notice has effect from the time a copy of it is first displayed in pursuance of subsection (4).
- (6) 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.
- (7) 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.
- (8) 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.
##### 9L
- (1) 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.
- (2) In subsection (1), “*enforcement action*” includes obtaining the grant of an interdict under section 9O.
##### 9M
- (1) A person who contravenes a temporary stop notice—
- (a) which has been served on the person, or
- (b) a copy of which has been displayed in pursuance of section 9K(4),
is guilty of an offence.
- (2) Contravention of a temporary stop notice includes causing or permitting its contravention.
- (3) An offence under this section may be charged by reference to a day or to a longer period of time.
- (4) 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.
- (5) It is a defence in any proceedings under this section that—
- (a) the temporary stop notice was not served on the accused, and
- (b) the accused did not know, and could not reasonably have been expected to know, of its existence.
- (6) A person guilty of an offence under this section is liable—
- (a) on summary conviction, to a fine not exceeding £20,000,
- (b) on conviction on indictment, to a fine.
- (7) 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.
##### 9N
- (1) 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.
- (2) But subsection (1) applies only if the circumstances are as set out in one or both of the following paragraphs—
- (a) the works specified in the notice are authorised by scheduled monument consent granted on or before the date mentioned in that subsection,
- (b) Historic Environment Scotland withdraws the notice other than following such grant of scheduled monument consent as is mentioned in paragraph (a).
- (3) 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.
### Interdicts
##### 9O
- (1) 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.
- (1A) 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.
- (2) 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.
- (3) In this section “*the court*” means the Court of Session or the sheriff.
#### Powers of limited owners for purposes of sections 12, 16 and 17.
#### Provision of facilities for the public in connection with ancient monuments.
#### Ancient Monuments Boards.
#### Investigating authorities for areas of archaeological importance.
#### Compensation for damage caused by exercise of certain powers under this Act.
#### Advice and superintendence by Secretary of State.
#### Designation of areas of archaeological importance.
#### Development and understanding of matters of historic, etc. interest: grants and loans
##### 3A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Transfer of ancient monuments between local authorities and Secretary of State.
#### Power of entry on land believed to contain an ancient monument.
## Part 1A — Inventories of gardens and designed landscapes and of battlefields
##### 32A
- (1) 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.
- (2) 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.
- (3) Historic Environment Scotland may, from time to time, modify the inventory so as to—
- (a) add an entry relating to grounds mentioned in subsection (2);
- (b) remove an entry relating to such grounds;
- (c) 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).
- (4) 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—
- (a) inform—
- (i) the owner of the grounds;
- (ii) (if the owner is not the occupier) the occupier of the grounds; and
- (iii) any local authority in whose area the grounds are situated,
of the inclusion or modification; and
- (b) 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.
- (5) 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.
##### 32B
- (1) 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.
- (2) In this section, “*battlefield*” means—
- (a) an area of land over which a battle was fought; or
- (b) an area of land on which any significant activities relating to a battle occurred (whether or not the battle was fought over that area).
- (3) 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.
#### Designation of areas of archaeological importance.
#### Special provision for Scotland.
##### 45A
- (1) 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—
- (a) in or in connection with;
- (b) with a view to the promotion of,
the development or understanding of matters of historic, architectural, traditional, artistic or archaeological interest.
- (2) 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.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Special provision for Scotland.
##### 2B
- (1) The Welsh Ministers may refuse to entertain an application for scheduled monument consent if—
- (a) within the period of 2 years ending with the date on which the application is received, the Welsh Ministers have refused a similar application; and
- (b) in their opinion, there has been no significant change in any material considerations since the similar application was refused.
- (2) The Welsh Ministers may refuse to entertain an application for scheduled monument consent if the application is made at a time when a similar application is under consideration.
- (3) 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 works to which the applications relate are, in the Welsh Ministers' opinion, the same or substantially the same.
#### Interim protection pending decisions on certain amendments relating to the Schedule
##### 1B
- (1) Historic Environment Scotland must—
- (a) publish the Schedule compiled and maintained under section 1, and any amendments of the Schedule, and
- (b) make the Schedule available for public inspection,
in such manner as may be prescribed.
- (2) The Scottish Ministers may by regulations make further provision for—
- (a) the publication of the Schedule,
- (b) the making of the Schedule available for public inspection,
- (c) 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.
##### 1C
- (1) This section applies where Historic Environment Scotland makes a decision—
- (a) to include a monument in the Schedule,
- (b) to amend an entry in the Schedule relating to a monument.
- (2) A person mentioned in subsection (3) may appeal the decision to the Scottish Ministers.
- (3) The person is—
- (a) the owner of the monument,
- (b) the tenant of the monument,
- (c) the occupier of the monument.
##### 1D
- (1) The Scottish Ministers may—
- (a) dismiss an appeal under section 1C,
- (b) allow such an appeal (in whole or in part).
- (2) 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.
- (3) 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.
- (4) Except as provided for by section 55, the decision of the Scottish Ministers on an appeal under section 1C is final.
##### 1E
- (1) The Scottish Ministers may by regulations make provision in connection with appeals under section 1C, including provision about—
- (a) the grounds on which an appeal may be made,
- (b) the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal.
- (2) Regulations under subsection (1) may also make provision about the procedure to be followed, including—
- (a) the form, manner and time for making an appeal,
- (b) the notification of an appeal,
- (c) the manner in which an appeal is to be conducted.
- (3) 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).
- (4) 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.
##### 3A
- (1) 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.
- (2) 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.
- (3) Historic Environment Scotland or, as the case may be, the Scottish Ministers may, on such an application—
- (a) vary or discharge the conditions attached to the consent (whether or not the application relates to the condition varied or discharged),
- (b) add new conditions consequential upon the variation or discharge.
##### 3B
- (1) The Scottish Ministers may give directions requiring applications for—
- (a) scheduled monument consent,
- (b) variation or discharge of conditions to which scheduled monument consent is subject,
- (c) subsequent approval required by a condition to which scheduled monument consent is subject,
to be referred to them instead of being dealt with by Historic Environment Scotland.
- (2) A direction under this section may relate either to a particular application or to applications of a class specified in the direction.
- (3) A direction under this section may be withdrawn or modified by a subsequent direction.
- (4) An application in respect of which a direction under this section has effect is to be referred to the Scottish Ministers accordingly.
- (5) 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.
- (6) Except as provided for by section 55, the decision of the Scottish Ministers on any application referred to them under this section is final.
- (7) The reference in subsection (1)(c) to scheduled monument consent includes a reference to consent granted by order under section 3.
##### 3C
- (1) 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.
- (2) Regulations under subsection (1) may also make provision about the procedure to be followed, including—
- (a) the notification of a referral,
- (b) the manner in which a referral is to be conducted.
- (3) 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).
##### 4A
- (1) 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.
- (2) The Scottish Ministers may not make an order under this section without consulting Historic Environment Scotland.
- (3) Where the Scottish Ministers propose to make such an order, they must serve notice on—
- (a) the owner of the scheduled monument affected,
- (b) where the owner is not the occupier of the monument, the occupier, and
- (c) any other person who in their opinion will be affected by the order.
- (4) 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.
- (5) 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.
- (6) 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.
- (7) 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.
##### 4B
- (1) This section applies where Historic Environment Scotland makes a decision—
- (a) refusing an application for scheduled monument consent,
- (b) granting such an application subject to conditions,
- (c) refusing an application for variation or discharge of conditions to which a scheduled monument consent is subject,
- (d) granting such an application subject to conditions,
- (e) refusing an application for subsequent approval required by a condition to which a scheduled monument consent is subject.
- (2) A person who made the application mentioned in subsection (1) may appeal the decision to the Scottish Ministers.
- (3) 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.
- (4) An appeal under this section may include the ground that—
- (a) the monument should not be included in the Schedule,
- (b) the entry in the Schedule relating to the monument should be amended.
##### 4C
- (1) The Scottish Ministers may—
- (a) dismiss an appeal under section 4B,
- (b) allow such an appeal (in whole or in part).
- (2) 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.
- (3) 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.
- (4) Subsection (5) applies where—
- (a) the grounds of appeal include the ground—
- (i) that the monument should not be included in the Schedule, or
- (ii) that the entry in the Schedule relating to the monument should be amended, and
- (b) the Scottish Ministers uphold that ground.
- (5) 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.
- (6) Except as provided for by section 55, the decision of the Scottish Ministers on an appeal under section 4B is final.
##### 4D
- (1) The Scottish Ministers may by regulations make provision in connection with appeals under section 4B, including provision about—
- (a) subject to section 4B(4), the grounds on which an appeal may be made,
- (b) the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal.
- (2) Regulations under subsection (1) may also make provision about the procedure to be followed, including—
- (a) the form, manner and time for making an appeal,
- (b) the notification of an appeal,
- (c) the manner in which an appeal is to be conducted.
- (3) 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).
- (4) Regulations under subsection (1) may also provide that an appeal in respect of an application—
- (a) for scheduled monument consent, or
- (b) for the variation or discharge of conditions to which such a consent is subject,
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.
- (5) 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.
- (6) 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.
#### Compensation for refusal of scheduled monument consent.
##### 9CA
- (1) 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.
- (2) 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—
- (a) correct any defect, error or misdescription in the scheduled monument enforcement notice, or
- (b) vary the terms of the notice.
- (3) 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.
- (4) The Scottish Ministers may—
- (a) dismiss such an appeal if the appellant fails to comply with section 9C(3A) within the prescribed time,
- (b) 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).
- (5) On the determination of an appeal under section 9C the Scottish Ministers may—
- (a) grant scheduled monument consent for the works to which the scheduled monument enforcement notice relates,
- (b) discharge any condition subject to which such consent was granted and substitute any other condition, whether more or less onerous, or
- (c) direct Historic Environment Scotland to exercise its power under section 1(5) to modify the Schedule to give effect to that determination.
- (6) Any scheduled monument consent granted by the Scottish Ministers under subsection (5)(a) is to be treated as granted under section 2(3).
- (7) Except as provided for by section 55, the decision of the Scottish Ministers on an appeal under section 9C is final.
##### 9CB
- (1) 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.
- (2) Regulations under subsection (1) may also make provision about the procedure to be followed, including—
- (a) the form, manner and time for making an appeal,
- (b) the notification of an appeal,
- (c) the manner in which an appeal is to be conducted.
- (3) 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).
- (4) 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.
##### 9FA
- (1) 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.
- (2) A scheduled monument enforcement notice served by the Scottish Ministers has the same effect as if it had been served by Historic Environment Scotland.
- (3) The Scottish Ministers must not serve such a notice without consulting Historic Environment Scotland.
- (4) 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.
##### 9HA
- (1) 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.
- (2) A stop notice served by the Scottish Ministers has the same effect as if it had been served by Historic Environment Scotland.
- (3) The Scottish Ministers must not serve such a notice without consulting Historic Environment Scotland.
- (4) 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.
#### Public access to monuments under public control.
#### Transfer of ancient monuments between local authorities and Secretary of State.
#### Development and understanding of matters of historic, etc. interest: grants and loans
#### Duty to consult on certain amendments relating to the Schedule
#### Scheduled monument enforcement notice: appeal
#### Powers of limited owners for purposes of sections 12, 16 and 17.
#### Provision of facilities for the public in connection with ancient monuments.
#### Power of entry on land believed to contain an ancient monument.
### ...
##### 41A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Powers of limited owners for purposes of sections 12, 16 and 17.
#### Provision of facilities for the public in connection with ancient monuments.
#### Advice and superintendence by Secretary of State.
### Local inquiries
##### 23A
- (1) 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.
- (2) The Scottish Ministers must appoint a person to hold the inquiry and to report on it to them.
- (3) 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.
##### 23B
- (1) 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.
- (2) Regulations under subsection (1) may in particular make provision—
- (a) about the notification of an inquiry or hearing,
- (b) about the manner in which an inquiry or hearing is to be conducted,
- (c) as to procedure in connection with matters preparatory to such inquiries or hearings and in connection with matters subsequent to them.
#### Advice and superintendence by Secretary of State.
#### Power of entry on land believed to contain an ancient monument.
#### Special provision for Scotland.
#### Special provision for Scotland.
##### 2C
- (1) 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.
- (2) This sub-paragraph applies where—
- (a) regulations, or
- (b) directions given to Historic Environment Scotland by the Scottish Ministers,
provide that the application must be so notified.
- (3) The Scottish Ministers may within the period of 28 days beginning with the date of the notification—
- (a) direct the reference of the application to them under section 3B, or
- (b) give notice to Historic Environment Scotland that they require further time in which to consider whether to require such a reference.
- (4) Historic Environment Scotland must not grant scheduled monument consent until—
- (a) the period mentioned in sub-paragraph (3) has expired without the Scottish Ministers directing the reference of the application to them or giving notice under paragraph (b) of that sub-paragraph, or
- (b) the Scottish Ministers have notified Historic Environment Scotland that they do not intend to require the reference of the application.
##### 2D
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—
- (a) any applications made to it for scheduled monument consent, and
- (b) the decisions taken on those applications.
##### 10
- (1) 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.
- (2) Where Historic Environment Scotland submits an order to the Scottish Ministers for confirmation, it must serve notice on—
- (a) the owner of the scheduled monument affected,
- (b) where the owner is not the occupier of the monument, the occupier, and
- (c) any other person who in its opinion will be affected by the order.
- (3) 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.
- (4) 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.
- (5) The Scottish Ministers may confirm any such order submitted to them either without modification or subject to such modifications as they consider expedient.
##### 11
- (1) Where sub-paragraph (2) applies, Historic Environment Scotland—
- (a) need not submit the order under section 4 modifying or revoking the scheduled monument consent to the Scottish Ministers for approval,
- (b) must instead take the steps mentioned in sub-paragraph (3).
- (2) This sub-paragraph applies where—
- (a) the owner of the scheduled monument affected,
- (b) where the owner is not the occupier of the monument, the occupier, and
- (c) all other persons who in Historic Environment Scotland's opinion will be affected by the order,
have notified Historic Environment Scotland in writing that they do not object to the order.
- (3) The steps referred to in sub-paragraph (1)(b) are—
- (a) advertising in the prescribed manner the fact that the order has been made,
- (b) serving notice to the same effect on the persons mentioned in sub-paragraph (2), and
- (c) sending a copy of any such advertisement to the Scottish Ministers not more than 3 days after its publication.
- (4) The advertisement under sub-paragraph (3)(a) must specify—
- (a) the period within which persons affected by the order may give notice to the Scottish Ministers that they require an opportunity of appearing before and being heard by a person appointed by the Scottish Ministers for the purpose, and
- (b) the period at the end of which, if no such notice is given to the Scottish Ministers, the order may take effect by virtue of this paragraph and without being confirmed by the Scottish Ministers.
- (5) 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.
- (6) 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).
- (7) 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.
- (8) 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—
- (a) no person claiming to be affected by the order has given notice to the Scottish Ministers as mentioned in sub-paragraph (4)(a) within the period referred to in that sub-paragraph, and
- (b) the Scottish Ministers have not directed that the order be submitted to them for confirmation.
## SCHEDULE 1A
### Determination of appeals by appointed person
##### 1
- (1) 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.
- (2) Those classes of appeals are to be so determined except in such classes of case—
- (a) as may for the time being be prescribed, or
- (b) as may be specified in directions given by the Scottish Ministers.
- (3) Regulations under sub-paragraph (1) may provide for the giving of publicity to any directions given by the Scottish Ministers under this paragraph.
- (4) 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.
- (5) A person appointed under this paragraph is referred to in this schedule as an “appointed person”.
### Powers and duties of appointed person
##### 2
- (1) An appointed person is to have the same powers and duties—
- (a) in relation to an appeal under section 1C as the Scottish Ministers have under section 1D,
- (b) in relation to an appeal under section 4B as the Scottish Ministers have under section 4C,
- (c) in relation to an appeal under section 9C as the Scottish Ministers have under section 9CA.
- (2) Where an appeal has been determined by an appointed person, the decision is to be treated as a decision of the Scottish Ministers.
- (3) Except as provided for by section 55, the decision of an appointed person on any appeal is final.
### Determination of appeals by the Scottish Ministers
##### 3
- (1) 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.
- (2) Such a direction must—
- (a) state the reasons for which it is given, and
- (b) be served on the appellant.
- (3) 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.
- (4) 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.
##### 4
- (1) The Scottish Ministers may by a further direction revoke a direction under paragraph 3 at any time before the determination of the appeal.
- (2) Such a further direction must—
- (a) state the reasons for which it is given, and
- (b) be served on—
- (i) the person, if any, previously appointed to determine the appeal, and
- (ii) the appellant.
- (3) 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.
- (4) 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.
### Appointment of another person to determine appeal
##### 5
- (1) At any time before the appointed person has determined the appeal the Scottish Ministers may—
- (a) revoke the appointment, and
- (b) appoint another person under paragraph 1 to determine the appeal instead.
- (2) 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.
- (3) 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.
### Local inquiries and hearings
##### 6
- (1) Whether or not the parties to an appeal have asked for an opportunity to appear and be heard, an appointed person—
- (a) may hold a local inquiry in connection with the appeal, and
- (b) must do so if the Scottish Ministers so direct.
- (2) Where an appointed person—
- (a) holds a hearing, or
- (b) holds an inquiry by virtue of this paragraph,
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.
- (3) Subject to sub-paragraph (4), the expenses of any such hearing or inquiry are to be paid by the Scottish Ministers.
- (4) 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.
- (5) 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.
- (6) 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.
### Supplementary provisions
##### 7
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.
##### 1AA
- (1) This section applies where the Welsh Ministers are proposing—
- (a) to include a monument in the Schedule;
- (b) to exclude a monument from the Schedule; or
- (c) in the case of a monument which is identified in the Schedule by reference to a map maintained by the Welsh Ministers, to make a material amendment in relation to the monument.
- (2) The Welsh Ministers must—
- (a) serve notice of the proposed inclusion, exclusion or amendment on the appropriate persons; and
- (b) invite those persons to submit written representations about the proposal.
- (3) The appropriate persons are—
- (a) the owner of the monument;
- (b) if the owner is not the occupier, the occupier of the monument;
- (c) each local authority in whose area the monument is situated; and
- (d) any other person who appears to the Welsh Ministers appropriate as having special knowledge of, or interest in, the monument, or in monuments of special historic or archaeological interest more generally.
- (4) A notice under subsection (2) must—
- (a) specify the proposed inclusion, exclusion or amendment;
- (b) specify the period within which representations about the proposal may be made, which must be at least 28 days beginning with the day on which the notice is served; and
- (c) in the case of a proposed inclusion or a proposed amendment of the kind described in subsection (5)(a)—
- (i) include a statement of the effect of section 1AB; and
- (ii) specify the date on which interim protection takes effect under subsection (2) of that section.
- (5) For the purposes of this section an amendment in relation to a monument in the Schedule is “material” if it—
- (a) adds to the area shown for the monument on the map referred to in subsection (1)(c); or
- (b) reduces the area so shown.
- (6) The Welsh Ministers may by regulations amend subsection (3) by adding a description of person to the list of appropriate persons in that subsection; and where the Welsh Ministers do so, they may also make such amendments to this Act as they consider appropriate in consequence of the amendment to subsection (3).
##### 1AB
- (1) This section applies where the Welsh Ministers consult under section 1AA on a proposal to—
- (a) include a monument in the Schedule; or
- (b) make a material amendment of the kind described in section 1AA(5)(a) in relation to a monument in the Schedule.
- (2) The provisions of this Act have effect in relation to the monument, from the beginning of the day specified for the purposes of section 1AA(4)(c)(ii)—
- (a) in the case of a proposal to include a monument in the Schedule, as if the monument were a scheduled monument; and
- (b) in the case of a proposal to make a material amendment in relation to a monument in the Schedule, as if the amendment were made.
- (3) The protection conferred on a monument or area by virtue of subsection (2) is referred to in this Act as “*interim protection*”.
- (4) Interim protection conferred by virtue of subsection (2)(a) ceases to have effect—
- (a) where the Welsh Ministers include the monument in the Schedule, from the beginning of the day specified in the notice for the purpose of section 1AE(2)(a); or
- (b) where the Welsh Ministers decide not to include the monument in the Schedule, from the beginning of the day specified in a notice issued to—
- (i) the owner of the monument;
- (ii) if the owner is not the occupier, the occupier of the monument; and
- (iii) each local authority in whose area the monument is situated.
- (5) Interim protection conferred by virtue of subsection (2)(b) ceases to have effect—
- (a) where the Welsh Ministers make the material amendment, from the beginning of the day specified in the notice for the purpose of section 1AE(2)(a); or
- (b) where the Welsh Ministers decide not to make the material amendment, from the beginning of the day specified in a notice issued to—
- (i) the owner of the monument;
- (ii) if the owner is not the occupier, the occupier of the monument; and
- (iii) each local authority in whose area the monument is situated.
- (6) The Welsh Ministers—
- (a) must publish by electronic means a list containing particulars of each monument in relation to which interim protection has effect; and
- (b) must, on request, provide a copy of the notice served under section 1AA(2) in respect of such a monument.
##### 1AC
Schedule A1 has effect with respect to the lapse of interim protection.
##### 1AD
- (1) This section applies where interim protection in respect of a monument ceases to have effect as a result of the issue of a notice by the Welsh Ministers under section 1AB(4)(b) or (5)(b).
- (2) Any person who, at the time when the interim protection took effect, had an interest in the monument is, on making a claim to the Welsh Ministers within the prescribed time and in the prescribed manner, entitled to be paid compensation by the Welsh Ministers in respect of any loss or damage directly attributable to the effect of the protection.
- (3) The loss or damage in respect of which compensation is payable under subsection (2) includes a sum payable in respect of any breach of contract caused by the necessity of discontinuing or countermanding any works to the monument on account of the interim protection having effect.
##### 1AE
- (1) This section applies where the Welsh Ministers—
- (a) include a monument in the Schedule; or
- (b) make a material amendment of the kind described in section 1AA(5)(a) in relation to a monument in the Schedule.
- (2) When the Welsh Ministers inform the owner and (if the owner is not the occupier) the occupier of the monument under section 1(6) or (6B) that they have taken that action, they must also serve on that person or those persons a notice which—
- (a) specifies the date on which the Welsh Ministers did so (and on which interim protection under section 1AB(2) ceased to have effect); and
- (b) states that the person may make an application to the Welsh Ministers requesting them to review their decision to do so.
- (3) Where the owner or occupier of the monument makes such an application, the Welsh Ministers must—
- (a) carry out the review requested;
- (b) make a decision on the review; and
- (c) make such amendment to the Schedule or the map referred to in section 1AA(1)(c) as they consider appropriate to give effect to that decision.
- (4) Except as provided in section 55, the validity of any decision taken by the Welsh Ministers on the review is not to be questioned in any legal proceedings.
- (5) The Welsh Ministers must carry out a review under this section in such one or more of the following ways as appears to them to be appropriate—
- (a) by means of a public local inquiry;
- (b) by means of a hearing;
- (c) on the basis of written representations.
- (6) The Welsh Ministers must by regulations make provision about—
- (a) the grounds on which an application for a review under this section may be made;
- (b) the information that must be provided to, or may be required by, the Welsh Ministers in connection with such an application;
- (c) the form and manner in which such an application must be made; and
- (d) the period within which such an application must be made.
- (7) The Welsh Ministers may by regulations make further provision in connection with reviews under this section, including provision about costs that may be required to be paid in connection with a review.
- (8) Regulations made by virtue of subsection (6) or (7) may confer power on the Welsh Ministers—
- (a) to determine matters of a description specified in the regulations; and
- (b) to give directions in relation to those matters.
- (9) Schedule A2 applies to reviews under this section.
### Agreements concerning scheduled monuments etc: Wales
##### 9ZA
- (1) The Welsh Ministers may enter into an agreement under this section (a “heritage partnership agreement”) with the owner of—
- (a) a scheduled monument situated in Wales; or
- (b) any land adjoining or in the vicinity of such a scheduled monument (“associated land”).
- (2) Any of the following may also be a party to a heritage partnership agreement (in addition to the owner and the Welsh Ministers)—
- (a) any occupier of the scheduled monument or its associated land;
- (b) any person with an interest in the scheduled monument or its associated land;
- (c) any person involved in the management of the scheduled monument or its associated land;
- (d) any local authority in whose area the scheduled monument or its associated land is situated;
- (e) any local authority which is a guardian of the scheduled monument or its associated land by virtue of this Act;
- (f) any other person who appears to the Welsh Ministers appropriate as having a special knowledge of, or interest in, the scheduled monument, or in monuments of special historic or archaeological interest more generally.
- (3) A heritage partnership agreement may contain provision—
- (a) granting scheduled monument consent under section 2(3) for specified works for the purpose of removing or repairing the scheduled monument to which the agreement relates or any part of it, or of making any alterations or additions to the monument; and
- (b) specifying any conditions to which the consent is subject (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).
- (4) A heritage partnership agreement may also—
- (a) specify or describe works that would, or would not, in the view of the parties to the agreement, constitute works to which section 2 applies;
- (b) make provision about the maintenance and preservation of the scheduled monument or its associated land;
- (c) make provision about the carrying out of specified works, or the doing of any specified thing, in relation to the scheduled monument or its associated land;
- (d) provide for public access to the scheduled monument or its associated land and the provision of associated facilities, information or services to the public;
- (e) restrict access to, or use of, the scheduled monument or its associated land;
- (f) prohibit the doing of any specified thing in relation to the scheduled monument or its associated land;
- (g) provide for the Welsh Ministers, or any local authority in whose area the scheduled monument or its associated land is situated, to make payments of specified amounts and on specified terms—
- (i) for, or towards, the cost of any works provided for under the agreement; or
- (ii) in consideration of any restriction, prohibition or obligation accepted by any other party to the agreement.
- (5) In this section “*specified*” means specified or described in the heritage partnership agreement.
- (6) In this section and in section 9ZB “*owner*”, in relation to a scheduled monument or its associated land, means a person who is for the time being—
- (a) the estate owner in respect of the fee simple in the monument or its associated land (as the case may be); or
- (b) entitled to a tenancy of the monument or its associated land (as the case may be) for a term of years certain of which not less than 7 years remains unexpired.
- (7) Where more than one person is the owner of a scheduled monument or its associated land, the references in subsection (1) and in section 9ZB(2)(b) to the owner are to any one or more of those persons.
##### 9ZB
- (1) A heritage partnership agreement—
- (a) must be in writing;
- (b) must make provision for the parties to review its terms at intervals specified in the agreement;
- (c) must make provision for its termination and variation; and
- (d) may contain incidental and consequential provision.
- (2) A heritage partnership agreement may relate to more than one scheduled monument, provided that the following are parties to the agreement in each case—
- (a) the Welsh Ministers; and
- (b) the owner of the scheduled monument or the owner of land adjoining or in the vicinity of the scheduled monument.
- (3) The Welsh Ministers must by regulations make provision—
- (a) about the consultation that must take place before a heritage partnership agreement is made or varied;
- (b) about the publicity that must be given to a heritage partnership agreement before or after it is made or varied;
- (c) specifying terms that must be included in a heritage partnership agreement; and
- (d) enabling the Welsh Ministers to terminate by order a heritage partnership agreement or any provision of such an agreement.
- (4) Regulations made under subsection (3)(a) must require the Welsh Ministers to consult the following persons before entering into a heritage partnership agreement under section 9ZA(1)(a)—
- (a) the owner of the scheduled monument to which the proposed agreement relates;
- (b) any occupier of the scheduled monument;
- (c) any local authority in whose area the scheduled monument is situated;
- (d) any local authority which is a guardian of the scheduled monument.
- (5) Regulations made under subsection (3)(a) must require the Welsh Ministers to consult the following persons before entering into a heritage partnership agreement under section 9ZA(1)(b)—
- (a) the owner of the land to which the proposed agreement relates;
- (b) any occupier of the land;
- (c) any local authority in whose area the land is situated;
- (d) any local authority which is a guardian of the land by virtue of this Act.
- (6) Regulations made under section (3)(d) may specify provision that may be included in an order made by virtue of that paragraph, including provision enabling such orders to contain supplementary, incidental, transitory, transitional or saving provision.
- (7) The Welsh Ministers may by regulations make provision disapplying, or applying or reproducing with or without modifications, any provision of this Act for the purposes of heritage partnership agreements.
- (8) A heritage partnership agreement cannot impose any obligation or liability, or confer any right, on a person who is not a party to the agreement (and, accordingly, scheduled monument consent granted by such an agreement enures only for the benefit of the parties to the agreement).
#### Special provision for Scotland.
## SCHEDULE A1
##### 1
This Schedule applies where interim protection ceases to have effect in relation to a monument as a result of the issue of a notice under section 1AB(4)(b) or (5)(b).
##### 2
The fact that the interim protection has ceased to have effect does not affect the liability of any person to be prosecuted and punished for an offence under section 2, 9ZG, 9ZK, 28 or 42 committed with respect to the monument while the interim protection had effect.
##### 3
Any proceedings on or arising out of an application for scheduled monument consent with respect to the monument lapse, in so far as they relate to consent required by virtue of the interim protection; and any such consent granted lapses to the same extent.
##### 4
- (1) Any scheduled monument enforcement notice served by the Welsh Ministers with respect to the monument ceases to have effect, in so far as the notice relates to works affecting anything in respect of which the interim protection had effect.
- (2) Any proceedings on or arising out of such a notice under section 9ZE or 9ZF(4) lapse, in so far as the notice relates to works affecting anything in respect of which the interim protection had effect.
- (3) Notwithstanding sub-paragraph (1), section 9ZF(2) continues to have effect as respects any expenses incurred by a person authorised by the Welsh Ministers as mentioned in section 9ZF(1), and with respect to any sums paid on account of such expenses.
##### 5
Any temporary stop notice served by the Welsh Ministers with respect to the monument ceases to have effect, in so far as the notice relates to works affecting anything in respect of which the interim protection had effect.
##### 6
Any proceedings on an application made by the Welsh Ministers under section 9ZM with respect to the monument lapse, in so far as they relate to the restraint of any actual or apprehended contravention in relation to anything in respect of which the interim protection had effect.
## SCHEDULE A2
### Decisions on reviews by appointed persons
##### 1
- (1) The Welsh Ministers may by regulations prescribe the classes of reviews under section 1AE on which a decision is to be made by a person appointed by the Welsh Ministers for the purpose instead of by the Welsh Ministers.
- (2) Decisions on reviews of a prescribed class are to be made accordingly.
- (3) This paragraph does not affect any provision in this Act or any instrument made under it that an application for a review is to be made to the Welsh Ministers.
- (4) A person appointed under this paragraph is referred to in this Schedule as “*an appointed person*”.
### Powers and duties of appointed person
##### 2
- (1) An appointed person has the same powers and duties in relation to a review under section 1AE as the Welsh Ministers have under—
- (a) subsections (3)(a) and (b) and (5) of that section; and
- (b) regulations made by virtue of subsection (7) of that section.
- (2) Where an appointed person makes a decision on a review, the decision is to be treated as that of the Welsh Ministers.
- (3) Except as provided by section 55, the validity of that decision is not to be questioned in any legal proceedings.
- (4) No application may be made to the High Court under section 55 on the ground that a decision on a review ought to have been made by the Welsh Ministers and not by an appointed person unless the person who made the application for the review challenges the appointed person's power to make the decision before the decision is made.
### Appointment of another person to make a decision on a review
##### 3
- (1) At any time before an appointed person has made a decision on a review under section 1AE the Welsh Ministers may—
- (a) revoke the person's appointment; and
- (b) appoint another person under paragraph 1 to make the decision instead.
- (2) Where such a new appointment is made, the review, and any inquiry or other hearing in connection with the review, must be begun afresh.
- (3) Nothing in sub-paragraph (2) requires any person to be given an opportunity to make fresh representations or to modify or withdraw any representations already made.
### Public local inquiries, hearings and written representations
##### 4
- (1) An appointed person may appoint an assessor to provide advice on—
- (a) any matters arising at a public local inquiry or hearing held by the appointed person in connection with a review under section 1AE or in consequence of such an inquiry or hearing; or
- (b) any matters arising in written representations made to the appointed person in connection with such a review or in consequence of such representations.
- (2) Section 250(2) and (3) of the Local Government Act 1972 (local inquiries: evidence) applies to a public local inquiry held by an appointed person.
### Directions
##### 5
- (1) The Welsh Ministers may direct that anything that would fall to be done by an appointed person in connection with a review under section 1AE, other than the making of a decision on the review under subsection (3)(b) of that section, is to be done instead by the Welsh Ministers.
- (2) A direction given under sub-paragraph (1) may be amended or withdrawn by a further direction.
### Delegation
##### 6
- (1) An appointed person may delegate to another person anything that would fall to be done by the appointed person in connection with a review under section 1AE, other than—
- (a) the conduct of a public local inquiry or hearing; and
- (b) the making of a decision on the review under subsection (3)(b) of that section.
- (2) A delegation under sub-paragraph (1) is to be to the extent, and on the terms, that the appointed person determines and may be amended or revoked.
### Supplementary provision
##### 7
Where an appointed person is a member of the staff of the Welsh Government, the functions of making a decision on a review and doing anything in connection with it conferred on the person by this Schedule are to be treated for the purposes of the Public Services Ombudsman (Wales) Act 2005 and the Public Services Ombudsman (Wales) Act 2019 as functions of the Welsh Government.
##### 9ZC
- (1) This section applies where it appears to the Welsh Ministers that works affecting a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument have been or are being carried out in contravention of section 2(1) or (6).
- (2) The Welsh Ministers may issue a notice under this section (referred to in this Part as a “*scheduled monument enforcement notice*”) if, having regard to the effect of the works on the monument as one of national importance, they consider that it is expedient to do so.
- (3) A scheduled monument enforcement notice must be in writing and must specify—
- (a) the date on which the notice takes effect (see subsection (4));
- (b) the alleged contravention;
- (c) where the Welsh Ministers require works to cease, the works concerned and the period within which the Welsh Ministers require them to cease; and
- (d) where the Welsh Ministers require steps of a kind referred to in subsection (5) to be taken, the steps concerned and the period within which the Welsh Ministers require them to be taken.
- (4) A scheduled monument enforcement notice takes effect on the date specified in the notice for the purposes of subsection (3)(a); and the date so specified must be at least 28 days after the date on which the notice is served in accordance with section 9ZD.
- (5) The steps mentioned in subsection (3)(d) are—
- (a) steps for restoring the monument or land to its former state;
- (b) if the Welsh Ministers consider restoration would not be practicable or desirable, steps for executing such further works as they consider are required to alleviate in a manner acceptable to them the effect of the works carried out without scheduled monument consent;
- (c) if scheduled monument consent for the works has been granted, steps for bringing the monument or land to the state it would have been in if the conditions of the consent had been complied with.
- (6) A scheduled monument enforcement notice may specify different periods for different works or different steps.
- (7) Where works of the kind mentioned in subsection (5)(b) are carried out, scheduled monument consent is to be treated as having been granted in respect of the works.
##### 9ZD
- (1) A copy of a scheduled monument enforcement notice must be served on—
- (a) the owner of the monument or land concerned;
- (b) if the owner is not the occupier, the occupier;
- (c) if the monument or land is let but the lessee is not the occupier, the lessee; and
- (d) every other person with an interest in the monument or land which is, in the opinion of the Welsh Ministers, materially affected by the notice.
- (2) The Welsh Ministers may at any time withdraw a scheduled monument enforcement notice; but that does not affect the power to issue another notice under section 9ZC.
- (3) The Welsh Ministers may at any time waive or relax any requirement imposed by a scheduled monument enforcement notice (including the length of a period specified in the notice for the purposes of section 9ZC(3)(c) or (d)).
- (4) The Welsh Ministers must, immediately after exercising the power under subsection (2) or (3), give notice of the exercise of the power to every person who has been served with a copy of the notice under subsection (1) (or who would be if the notice were to be reissued).
- (5) The Welsh Ministers—
- (a) must publish by electronic means a list containing particulars of each monument in respect of which a scheduled monument enforcement notice has effect; and
- (b) must, on request, provide a copy of a scheduled monument enforcement notice the particulars of which are contained in the list.
#### Scheduled monument enforcement notice: appeal
##### 9ZE
- (1) A person on whom a scheduled monument enforcement notice is served, or any other person with an interest in the monument or land concerned, may appeal to a magistrates' court against the notice.
- (2) An appeal under this section must be brought before the date specified in the notice for the purposes of section 9ZC(3)(a).
- (3) An appeal under this section may be brought on any of the following grounds—
- (a) that the matters alleged to constitute the contravention specified for the purposes of section 9ZC(3)(b) have not occurred;
- (b) that those matters, in so far as they have occurred, do not constitute a contravention of section 2(1) or (6);
- (c) that works to the monument or land were urgently necessary in the interests of safety or health and that—
- (i) it was not practicable to secure safety or health by works of repair or works for affording temporary support or shelter;
- (ii) the works carried out were limited to the minimum measures immediately necessary; and
- (iii) written notice justifying in detail the need for the works was given to the Welsh Ministers as soon as reasonably practicable;
- (d) that a copy of the notice was not served as required by section 9ZD;
- (e) that a period specified for the purposes of section 9ZC(3)(c) or (d) falls short of what should reasonably be allowed.
- (4) Where an appeal under this section is brought, the notice is of no effect until the appeal is finally determined or withdrawn.
- (5) On an appeal under this section, a magistrates' court may uphold the notice or quash it.
- (6) The court may uphold a notice even if copies of it have not been served in accordance with section 9ZD if the court is satisfied that no person on whom a copy should have been, but was not, served has been substantially prejudiced by the failure.
##### 9ZF
- (1) A person duly authorised in writing by the Welsh Ministers may at any reasonable time enter any land for any of the following purposes?—
- (a) ascertaining whether a scheduled monument enforcement notice should be served;
- (b) securing that a scheduled monument enforcement notice is affixed for the purposes of service in accordance with section 56(2)(b);
- (c) ascertaining whether a scheduled monument enforcement notice has been complied with.
- (2) If steps specified in a scheduled monument enforcement notice for the purposes of section 9ZC(3)(d) have not been taken within the period so specified, a person duly authorised by the Welsh Ministers may—
- (a) at any reasonable time enter the land in, on or under which the monument is situated and take the steps concerned; and
- (b) recover from the person who is then the owner or lessee of the monument or land expenses incurred by them in doing so.
- (3) The liability under subsection (2)(b) of a person who is the owner of a monument or land merely by virtue of being entitled to receive the rack rent as trustee for another person is limited to the total amount of money the person has or has had by virtue of that entitlement.
- (4) Where, on a claim by the owner of a scheduled monument or land, it appears to a magistrates' court that the occupier of the monument or land is preventing the owner from carrying out the work required by a scheduled monument enforcement notice, the court may by warrant authorise the owner to enter the land and carry out the work.
##### 9ZG
- (1) This section applies where after the end of a period specified in a scheduled monument enforcement notice for the purposes of section 9ZC(3)(c) or (d)—
- (a) the works specified as being required to cease have not ceased; or
- (b) the steps specified as being required to be taken have not been taken.
- (2) 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.
- (3) If the owner of a monument or land is in breach of a scheduled monument enforcement notice, the owner is guilty of an offence.
- (4) An offence under this section may be charged by reference to a day or to some longer period; accordingly, 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 periods.
- (5) In proceedings against a person for an offence under this section, it is a defence for the person to prove that the person did everything the person could be expected to do to secure that—
- (a) in a case concerning works required to cease, the works did cease; or
- (b) in a case concerning steps required to be taken, the steps were taken.
- (6) In proceedings against a person for an offence under this section, it is a defence for the person to prove that the person did not know, and could not reasonably have been expected to know, of the existence of the scheduled monument enforcement notice.
- (7) A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.
- (8) In determining the amount of a fine to be imposed on a person convicted under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the execution of the works to which the scheduled monument enforcement notice relates.
##### 9ZH
- (1) This section applies if, after the issue of a scheduled monument enforcement notice, consent is granted under section 2(3A)—
- (a) for the retention of any work to which the notice relates; or
- (b) permitting the retention of works without complying with a condition subject to which a previous scheduled monument consent was granted.
- (2) The notice ceases to have effect in so far as it—
- (a) requires the work or works to cease;
- (b) requires steps to be taken involving the works not being retained; or
- (c) requires steps to be taken for complying with that condition.
### Scheduled monuments: temporary stop notices
##### 9ZI
- (1) This section applies where it appears to the Welsh Ministers that works affecting a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument have been or are being carried out in contravention of section 2(1) or (6).
- (2) The Welsh Ministers may issue a notice under this section (referred to in this Part as a “*temporary stop notice*”) if, having regard to the effect of the works on the monument as one of national importance, they consider that it is expedient that the works are stopped immediately (or that part of them is).
- (3) A temporary stop notice must be in writing and must—
- (a) specify the works in question;
- (b) prohibit execution of the works (or so much of them as is specified in the notice);
- (c) set out the Welsh Ministers' reasons for issuing the notice; and
- (d) include a statement of the effect of section 9ZK.
- (4) A temporary stop notice may be served on a person who appears to the Welsh Ministers—
- (a) to be carrying out the works or causing them to be carried out; or
- (b) to have an interest in the monument or land.
- (5) The Welsh Ministers must display a copy of the notice on the monument or land (except where doing so might damage the monument, in which case it is sufficient to display the notice in a prominent position as close to the monument or land as is reasonably practicable); and the copy must specify the date on which it is first displayed.
- (6) A temporary stop notice takes effect when the copy of it is first displayed in accordance with subsection (5).
- (7) A temporary stop notice ceases to have effect—
- (a) at the end of the period of 28 days beginning with the day on which the copy of it is first displayed in accordance with subsection (5); or
- (b) if the notice specifies a shorter period beginning with that day, at the end of that period.
- (8) But if the Welsh Ministers withdraw the notice before the time when it would otherwise cease to have effect under subsection (7), the notice ceases to have effect on its withdrawal.
- (9) The Welsh Ministers may not issue a subsequent temporary stop notice in relation to the same works unless they have, since issuing the previous notice, taken other enforcement action in relation to the contravention referred to in subsection (1).
- (10) The reference in subsection (9) to taking other enforcement action includes a reference to obtaining an injunction under section 9ZM.
##### 9ZJ
A person duly authorised in writing by the Welsh Ministers may at any reasonable time enter any land for any of the following purposes?—
- (a) ascertaining whether a temporary stop notice should be served;
- (b) securing the display of a temporary stop notice or securing that it is affixed for the purposes of service in accordance with section 56(2)(b);
- (c) ascertaining whether a temporary stop notice has been complied with;
- (d) considering a claim for compensation under section 9ZL.
##### 9ZK
- (1) A person is guilty of an offence if the person contravenes, or causes or permits a contravention of, a temporary stop notice—
- (a) which has been served on the person; or
- (b) a copy of which has been displayed in accordance with section 9ZI(5).
- (2) An offence under this section may be charged by reference to a day or to some longer period; accordingly, 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 periods.
- (3) In proceedings against a person for an offence under this section, it is a defence for the person to prove that the person did not know, and could not reasonably have been expected to know, of the existence of the temporary stop notice.
- (4) In proceedings against a person for an offence under this section, it is a defence for the person to prove—
- (a) that the works were urgently necessary in the interests of safety or health; and
- (b) that notice in writing of the need for the works was given to the Welsh Ministers as soon as reasonably practicable.
- (5) A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.
- (6) In determining the amount of a fine to be imposed on a person convicted under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.
##### 9ZL
- (1) A person who, on the day when a temporary stop notice is first displayed in accordance with section 9ZI(5), has an interest in the monument or land concerned is, on making a claim to the Welsh Ministers within the prescribed time and manner, entitled to be paid compensation by them in respect of any loss or damage directly attributable to the effect of the notice.
- (2) But subsection (1) applies only if—
- (a) the works specified in the notice do not contravene section 2(1) or (6); or
- (b) the Welsh Ministers withdraw the notice other than following the grant of scheduled monument consent, after the day mentioned in subsection (1), which authorises the works.
- (3) The loss or damage in respect of which compensation is payable under this section includes a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the notice.
- (4) No compensation is payable under this section in the case of loss or damage suffered by a claimant if—
- (a) the claimant was required to provide information under section 57, and
- (b) the loss or damage could have been avoided if the claimant had provided the information or otherwise co-operated with the Welsh Ministers when responding to the notice.
### Scheduled monuments: injunctions
##### 9ZM
- (1) This section applies where the Welsh Ministers consider it necessary or expedient for any actual or apprehended contravention of section 2(1) or (6) in respect of a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument to be restrained by injunction.
- (2) The Welsh Ministers may apply to the High Court or the county court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Act.
- (3) On an application under subsection (2), the court may grant such an injunction as it thinks appropriate for the purpose of restraining the contravention.
### Scheduled monument enforcement notices
#### Powers of limited owners for purposes of sections 12, 16 and 17.
#### Provision of facilities for the public in connection with ancient monuments.
#### Ancient Monuments Boards.
#### Advice and superintendence by Secretary of State.
#### Designation of areas of archaeological importance.
#### Development and understanding of matters of historic, etc. interest: grants and loans
##### 3A
- (1) This paragraph applies to applications for scheduled monument consent in respect of works to a scheduled monument situated in Wales.
- (2) The Welsh Ministers may grant scheduled monument consent in respect of all or any part of the works to which an application relates.
- (3) Before determining whether or not to grant scheduled monument consent on an application, the Welsh Ministers may—
- (a) cause a public local inquiry to be held; or
- (b) afford to the applicant, and to any other person to whom it appears to the Welsh Ministers expedient to do so—
- (i) an opportunity to appear before and be heard by a person appointed by the Welsh Ministers for that purpose; or
- (ii) an opportunity to make representations to a person appointed by the Welsh Ministers for that purpose.
- (4) Before determining whether or not to grant scheduled monument consent on an application, the Welsh Ministers—
- (a) must, in every case, consider any representations made by any person with respect to that application; and
- (b) must also, if an inquiry or hearing has been held or representations have been made in accordance with sub-paragraph (3), consider the report of the person who held the inquiry or hearing or to whom the representations were made.
- (5) The Welsh Ministers must serve notice of their decision with respect to the application on the applicant and on every person who has made representations with respect to the application.
#### Transfer of ancient monuments between local authorities and Secretary of State.
#### Annual reports of Ancient Monuments Boards.
#### Designation of areas of archaeological importance.
#### Development and understanding of matters of historic, etc. interest: grants and loans
#### Duty to consult on certain amendments relating to the Schedule
#### Scheduled monument enforcement notice: appeal
#### Powers of limited owners for purposes of sections 12, 16 and 17.
#### Provision of facilities for the public in connection with ancient monuments.
#### Power of entry on land believed to contain an ancient monument.
### Register of historic parks and gardens in Wales
##### 41A
- (1) The Welsh Ministers must compile and maintain a register (to be known as “*the register of historic parks and gardens*”) of such of the following grounds in Wales as appear to them to be of special historic interest—
- (a) parks;
- (b) gardens;
- (c) designed ornamental landscapes;
- (d) places of recreation;
- (e) other designed grounds.
- (2) The Welsh Ministers must decide whether, or to what extent, it would be appropriate to include as part of the registration of grounds of a description referred to in subsection (1)—
- (a) any building or water on, or adjacent or contiguous to, those grounds; or
- (b) any land adjacent or contiguous to those grounds.
- (3) For the purpose of maintaining the register, the Welsh Ministers may from time to time modify it by—
- (a) adding an entry;
- (b) removing an entry; or
- (c) amending an entry.
- (4) As soon as reasonably practicable after including grounds in the register or modifying the register, the Welsh Ministers must inform—
- (a) the owner of the grounds in question;
- (b) if the owner is not the occupier, the occupier; and
- (c) each local authority or National Park authority in whose area the grounds are situated.
- (5) Where the Welsh Ministers include grounds in the register or modify the register under subsection (3)(a) or (c), the duty to inform under subsection (4) also includes a duty to send each of the persons concerned a copy of the entry or modified entry (as the case may be).
- (6) The Welsh Ministers must publish the up-to-date register in such manner as they think appropriate.
2022-02-01
Ancient Monuments and Archaeological Areas Act 1979
2022-01-01
Ancient Monuments and Archaeological Areas Act 1979
2021-02-11
Ancient Monuments and Archaeological Areas Act 1979
2017-04-01
Ancient Monuments and Archaeological Areas Act 1979
2017-02-23
Ancient Monuments and Archaeological Areas Act 1979
2016-05-21
Ancient Monuments and Archaeological Areas Act 1979
2016-03-21
Ancient Monuments and Archaeological Areas Act 1979
2015-10-01
Ancient Monuments and Archaeological Areas Act 1979
2012-07-02
Ancient Monuments and Archaeological Areas Act 1979
2012-03-14
Ancient Monuments and Archaeological Areas Act 1979
2011-12-01
Ancient Monuments and Archaeological Areas Act 1979
2011-10-01
Ancient Monuments and Archaeological Areas Act 1979
2011-06-30
Ancient Monuments and Archaeological Areas Act 1979
2009-06-01
Ancient Monuments and Archaeological Areas Act 1979
2008-07-22
Ancient Monuments and Archaeological Areas Act 1979
2007-12-28
Ancient Monuments and Archaeological Areas Act 1979
2007-05-30
Ancient Monuments and Archaeological Areas Act 1979
2006-10-01
Ancient Monuments and Archaeological Areas Act 1979
2006-04-01
Ancient Monuments and Archaeological Areas Act 1979
2005-05-01
Ancient Monuments and Archaeological Areas Act 1979
2005-02-01
Ancient Monuments and Archaeological Areas Act 1979
2004-11-28
Ancient Monuments and Archaeological Areas Act 1979
2004-07-22
Ancient Monuments and Archaeological Areas Act 1979
2003-05-31
Ancient Monuments and Archaeological Areas Act 1979
1993-01-01
Ancient Monuments and Archaeological Areas Act 1979
1979-04-04
Ancient Monuments and Archaeological Areas Act 1979 — versión origin
original version
Text at this date