Ancient Monuments and Archaeological Areas Act 1979

SupplementalE+W+S

54 Treatment and preservation of finds.E+W

(1)Where a person enters any land in exercise of any power of entry under this Act for any of the following purposes, that is to say—

(a)to carry out any excavations in the land or any operations affecting any ancient monument situated in, on or under the land;

(b)to observe any operations on the land in exercise of the power under section 6(3)(a) or (4)(b) [F1or 6A(2)(a)] or 38(1)(b) of this Act; or

(c)to carry out any archaeological examination of the land;

he may take temporary custody of any object of archaeological or historical interest discovered during the course of those excavations or operations or (as the case may be) during the course of that examination, and remove it from its site for the purpose of examining, testing, treating, recording or preserving it.

F2(2)The Secretary of State or other authority by or on whose behalf the power of entry was exercised may not retain the object without the consent of the owner beyond such period as may be reasonably required for the purpose of examining and recording it and carrying out any test or treatment which appears to the Secretary of State or to that other authority to be desirable for the purpose of archaeological investigation or analysis or with a view to restoring or preserving the object.

(3)Nothing in this section shall affect any right of the Crown [F3under the Treasure Act 1996].

54 Treatment and preservation of finds.S

(1)Where a person enters any land in exercise of any power of entry under this Act for any of the following purposes, that is to say—

(a)to carry out any excavations in the land or any operations affecting any ancient monument situated in, on or under the land;

(b)to observe any operations on the land in exercise of the power under section 6(3)(a) or (4)(b) [F55or 6A(2)(a)] or 38(1)(b) of this Act; or

(c)to carry out any archaeological examination of the land;

he may take temporary custody of any object of archaeological or historical interest discovered during the course of those excavations or operations or (as the case may be) during the course of that examination, and remove it from its site for the purpose of examining, testing, treating, recording or preserving it.

(2)The Secretary of State [F2, Historic Environment Scotland] or other authority by or on whose behalf the power of entry was exercised may not retain the object without the consent of the owner beyond such period as may be reasonably required for the purpose of examining and recording it and carrying out any test or treatment which appears to the Secretary of State [F2, Historic Environment Scotland] or to that other authority to be desirable for the purpose of archaeological investigation or analysis or with a view to restoring or preserving the object.

(3)Nothing in this section shall affect any right of the Crown in relation to treasure trove.

55 Proceedings for questioning validity of certain orders, etc.E+W+S

(1)If any person—

(a)is aggrieved by any order to which this section applies and desires to question the validity of that order, on the grounds that it is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to it; or

(b)is aggrieved by any action on the part of the Secretary of State [F4or Historic Environment Scotland] to which this section applies and desires to question the validity of that action, on the grounds that is is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to it;

he may, within six weeks from the relevant date, make an application under this section to the High Court or (in Scotland) to the Court of Session.

(2)This section applies to any designation order and to any order under section 33 (4) of this Act varying or revoking a designation order.

(3)This section applies to action on the part of the Secretary of State [F5or Historic Environment Scotland] of [F6either] [F6any] of the following descriptions, that is to say—

(a)[F7any decision of the Secretary of State on an application for scheduled monument consent; and]

[F7any decision of the Scottish Ministers on an application for scheduled monument consent referred to them under section 3B,

(aa)any decision of the Scottish Ministers on an appeal under this Act,]

(b)[F8the giving by the Secretary of State of any direction under section 4] [F8the making by Historic Environment Scotland of any order under section 4 or by the Scottish Ministers of any order under section 4A] of this Act modifying or revoking a scheduled monument consent.

[F9(3A)This section applies to a decision on a review under section 1AE (review by Welsh Ministers or appointed person).]

(4)In subsection (1) above “the relevant date” means—

(a)in relation to an order, the date on which notice of the making of the order is published (or, as the case may be, first published) in accordance with Schedule 2 to this Act; and

(b)in relation to any action on the part of the Secretary of State [F10or Historic Environment Scotland] , the date on which that action is taken.

(5)On any application under this section the High Court or (in Scotland) the Court of Session—

(a)may by interim order suspend the operation of the order or action, the validity whereof is questioned by the application, until the final determination of the proceedings;

(b)if satisfied that the order or action in question is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation thereto, may quash that order or action in whole or in part.

(6)In this section “the relevant requirements” means—

(a)in relation to any order to which this section applies, any requirements of this Act or of any regulations made under this Act which are applicable to that order; and

(b)in relation to any action to which this section applies, any requirements of this Act or of the M1Tribunals and Inquiries Act [F111992] or of any regulations or rules made under this Act or under that Act which are applicable to that action.

(7)Except as provided by this section, the validity of any order or action to which this section applies shall not be questioned in any legal proceedings whatsoever; but nothing in this section shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Secretary of State [F12or Historic Environment Scotland] to take a decision on an application for scheduled monument consent.

56 Service of documents.E+W+S

(1)Any notice or other document required or authorised to be served under this Act may be served either—

(a)by delivering it to the person on whom it is to be served; or

(b)by leaving it at the usual or last known place of abode of that person or, in a case where an address for service has been given by that person, at that address; or

(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

[F13(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]

(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.

[F14(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.]

(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—

(a)it may be addressed to the “owner” or (as the case may require) to the “occupier” of that monument or land (describing it) without further name or description; and

(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.

[F15(3)In this section, “Wales” has the same meaning as in the Government of Wales Act 2006 (see section 158(1) of that Act).]

57 Power to require information as to interests in land.E+W+S

(1)For the purpose of enabling the Secretary of State [F16or Historic Environment Scotland] [F17or the Commission] or a local authority to exercise any function under this Act, the Secretary of State [F16or Historic Environment Scotland] [F17or the Commission] or the local authority may require the occupier of any land and any person who, either directly or indirectly, receives rent in respect of any land to state in writing the nature of his interest therein, and the name and address of any other person known to him as having an interest therein, whether as a freeholder, owner [F18of the dominium utile,] mortgagee, lessee, or otherwise.

(2)Any person who, having been required under this section to give any information, fails without reasonable excuse to give that information, shall be guilty of an offence and liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding [F19level 3 on the standard scale].

(3)Any person who, having been so required to give any information, knowingly makes any mis-statement in respect of it, shall be guilty of an offence and liable—

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

(b)on conviction on indictment to a fine.

58 Offences by corporations.E+W+S

(1)Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against accordingly.

(2)In subsection (1) above the expression “director”, in relation to any body corporate established by or under an enactment for the purpose of carrying on under national ownership an industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.

59 Prosecution of offences: Scotland.E+W+S

Notwithstanding anything in [F20section 136 of the Criminal Procedure (Scotland) Act 1995], summary proceedings in Scotland for an offence under this Act may be commenced at any time within one year from the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings came to his knowledge; and a certificate purporting to be signed by the prosecutor stating that date shall be conclusive.

60 Regulations and orders.E+W+S

[F21(A1)Any power conferred by this Act to make regulations or orders includes power to make such incidental, supplemental, consequential, transitory, transitional or saving provision as the Scottish Ministers consider necessary or expedient.]

(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.

[F22(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.]

(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.

[F23(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.]

61 Interpretation.E+W

(1)In this Act—

• [F24“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;

• “area of archaeological importance” means an area designated as such under section 33 of this Act;

• [F25“the Commission” means the Historic Buildings and Monuments Commission for England;]

• “designation order” means an order under that section;

• [F26 “development consent” means development consent under the Planning Act 2008; ]

• [F24“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;

• “flooding operations” means covering land with water or any other liquid or partially liquid substance;

• “functions” includes powers and duties;

• “guardianship deed” has the meaning given by section 12(6) of this Act;

• [F27“interim protection” has the meaning given by section 1AB(3);]

• “land” means—

(a)in England and Wales, any corporeal hereditament;

(b)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—

(a)in England F28... , the council of a county or district, F29... the council of a London borough, and the Common Council of the City of London;

[F30(aa)in Wales, the council of a county or county borough;]

(b)in Scotland, the planning authority within the meaning of Part IX of the M2Local 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 [F31sections 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;

• “possession” includes receipt of rents and profits or the right to receive rents and profits (if any);

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “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) [F32and (3B)] and 3(5) of this Act;

• F33. . .

• “tipping operations” means tipping soil or spoil or depositing building or other materials or matter (including waste materials or refuse) on any land; and

(2)In this Act “statutory undertakers” means—

(a)persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of F39... , F40... [F41or hydraulic power];

(b)F42... the Civil Aviation Authority, the F43... , [F44a universal postal service provider in connection with the provision of a universal postal service] and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for any of the purposes of [F45the Town and Country Planning Act 1990] or of [F38the Town and Country Planning (Scotland) Act 1997]; and

(c)any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph.

[F46(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.]

[F47(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.]

(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.

(4)For the purposes of this Act “archaeological investigation” means any investigation of any land, objects or other material for the purpose of obtaining and recording any information of archaeological or historical interest and (without prejudice to the generality of the preceding provision) includes in the case of an archaeological investigation of any land—

(a)any investigation for the purpose of discovering and revealing and (where appropriate) recovering and removing any objects or other material of archaeological or historical interest situated in, on or under the land; and

(b)examining, testing, treating, recording and preserving any such objects or material discovered during the course of any excavations or inspections carried out for the purposes of any such investigation.

(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 [F48(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.

(7)“Monument” means (subject to subsection (8) below)—

(a)any building, structure or work, whether above or below the surface of the land, and any cave or excavation;

(b)any site comprising the remains of any such building, structure or work or of any cave or excavation; F49...

(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; [F50and

(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;]

and any machinery attached to a monument shall be regarded as part of the monument if it could not be detached without being dismantled.

[F51(7A)In subsection (7)(d) “Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006.]

(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—

(a)to a site comprising any object or its remains unless the situation of that object or its remains in that particular site is a matter of public interest;

(b)to a site comprising, or comprising the remains of, any vessel which is protected by an order under section 1 of the M3Protection of Wrecks Act 1973 designating an area round the site as a restricted area.

(9)For the purposes of this Act, the site of a monument includes not only the land in or on which it is situated but also any land comprising or adjoining it which appears to the Secretary of State [F52or the Commission] or a local authority, in the exercise in relation to that monument of any of their functions under this Act, to be essential for the monument’s support and preservation.

(10)References in this Act to a monument include references—

(a)to the site of the monument in question; and

(b)to a group of monuments or any part of a monument or group of monuments.

(11)References in this Act to the site of a monument—

(a)are references to the monument itself where it consists of a site; and

(b)in any other case include references to the monument itself.

(12)“Ancient monument” means—

(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.

(13)In this section “remains” includes any trace or sign of the previous existence of the thing in question.

61 Interpretation.S

(1)In this Act—

• “ancient monument” has the meaning given by subsection (12) below;

• “area of archaeological importance” means an area designated as such under section 33 of this Act;

• [F56“the Commission” means the Historic Buildings and Monuments Commission for England;]

• “designation order” means an order under that section;

• [F26 “ development consent ” means development consent under the Planning Act 2008; ]

• “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;

• “flooding operations” means covering land with water or any other liquid or partially liquid substance;

• “functions” includes powers and duties;

• “guardianship deed” has the meaning given by section 12(6) of this Act;

• “land” means—

(a)in England and Wales, any corporeal hereditament;

(b)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—

(a)in England F57... , the council of a county or district, F58... the council of a London borough, and the Common Council of the City of London;

[F59(aa)in Wales, the council of a county or county borough;]

(b)in Scotland, the planning authority within the meaning of Part IX of the M4Local 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 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;

• [F60 “ period for compliance ” is to be construed in accordance with section 9B(1) and (2); ]

• “possession” includes receipt of rents and profits or the right to receive rents and profits (if any);

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “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 3(5) of this Act;

• F61. . .

• “tipping operations” means tipping soil or spoil or depositing building or other materials or matter (including waste materials or refuse) on any land; and

(2)In this Act “statutory undertakers” means—

(a)persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of F65... , F66... hydraulic power or water ;

(b)F67... the Civil Aviation Authority, the F68... , [F69a universal postal service provider in connection with the provision of a universal postal service]and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for any of the purposes of [F70the Town and Country Planning Act 1990] or of [F64the Town and Country Planning (Scotland) Act 1997]; and

(c)any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph.

[F71(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.]

(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.

(4)For the purposes of this Act “archaeological investigation” means any investigation of any land, objects or other material for the purpose of obtaining and recording any information of archaeological or historical interest and (without prejudice to the generality of the preceding provision) includes in the case of an archaeological investigation of any land—

(a)any investigation for the purpose of discovering and revealing and (where appropriate) recovering and removing any objects or other material of archaeological or historical interest situated in, on or under the land; and

(b)examining, testing, treating, recording and preserving any such objects or material discovered during the course of any excavations or inspections carried out for the purposes of any such investigation.

(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 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)—

(a)any building, structure or work, whether above or below the surface of the land, and any cave or excavation;

(b)any site comprising the remains of any such building, structure or work or of any cave or excavation; F72...

(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; [F73 and

(d)any site (other than one falling within paragraph (b) or (c) above) comprising any thing, or group of things, that evidences previous human activity;]

and any machinery attached to a monument shall be regarded as part of the monument if it could not be detached without being dismantled.

(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—

(a)to a site comprising any object or its remains unless the situation of that object or its remains in that particular site is a matter of public interest;

F74(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)For the purposes of this Act, the site of a monument includes not only the land in or on which it is situated but also any land comprising or adjoining it which appears to the Secretary of State [F75or Historic Environment Scotland] [F76or the Commission] or a local authority, in the exercise in relation to that monument of any of their functions under this Act, to be essential for the monument’s support and preservation.

(10)References in this Act to a monument include references—

(a)to the site of the monument in question; and

(b)to a group of monuments or any part of a monument or group of monuments.

(11)References in this Act to the site of a monument—

(a)are references to the monument itself where it consists of a site; and

(b)in any other case include references to the monument itself.

(12)“Ancient monument” means—

(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.

(13)In this section “remains” includes any trace or sign of the previous existence of the thing in question.

62 Special provision for Scotland.E+W+S

(1)–(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

(4)In this Act, in relation to any land in Scotland, “occupier” means an occupier with an interest in that land which is heritable and, if there is no such occupier, the owner thereof shall be deemed to be the occupier.

(5)In relation to land in Scotland, any reference in this Act—

(a)to a mortgage shall be construed as a reference to a heritable security;

(b)to a mortgagee shall be construed as a reference to a creditor in a heritable security; and

(c)to a first mortgagee shall be construed as a reference to a creditor in a heritable security which ranks prior to any other heritable security over the same land.

63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54E+W+S

64 Transitional provisions, consequential amendments and repeals.E+W+S

(1)Schedule 3 to this Act shall have effect for the purposes of the transition to the provisions of this Act from the law previously in force.

X1(2)The enactments specified in Schedule 4 to this Act shall have effect subject to the amendments specified in that Schedule,being amendments consequential on the provisions of this Act.

X1(3)The enactments specified in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

65 Short title, commencement and extent.E+W+S

(1)This Act may be cited as the Ancient Monuments and Archaeological Areas Act 1979.

(2)This Act shall come into force on such day as may be appointed by order of the Secretary of State, and different days may be appointed for different purposes; and a reference in any provision of this Act to the commencement of this Act is a reference to the day appointed for the coming into force of that provision.

(3)This Act does not extend to Northern Ireland.