Search Legislation

Ancient Monuments and Archaeological Areas Act 1979

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Ancient Monuments and Archaeological Areas Act 1979, Part III is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Part III:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part IIIE+W+S Miscellaneous and Supplemental

[F1Register of historic parks and gardens in WalesE+W

Textual Amendments

41ARegister of historic parks and gardens in WalesE+W

(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.]

Restrictions on use of metal detectorsE+W+S

42 Restrictions on use of metal detectors.E+W+S

(1)If a person uses a metal detector in a protected place without the written consent [F2of Historic Environment Scotland (in the case of a place situated in Scotland),] of the [F3Commission (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 [F4level 3 on the standard scale].

(2)In this section—

  • metal detector” means any device designed or adapted for detecting or locating any metal or mineral in the ground; and

  • protected place” means any place which is either—

(a)the site of a scheduled monument or of any monument under the ownership or guardianship of the Secretary of State [F5, Historic Environment Scotland] [F6or the Commission] or a local authority by virtue of this Act; or

(b)situated in an area of archaeological importance.

(3)If a person without [F7written 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.

[F8The reference in this subsection to written consent is to that [F9of Historic Environment Scotland (where the place in question is situated in Scotland),] of the Commission (where the place in question is situated in England) or of the Secretary of State (in any other case)]

(4)A consent granted by [F10Historic Environment Scotland,] the Secretary of State [F11or 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 [F12Historic Environment Scotland,] the Secretary of State [F11or 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;

fails to comply with any condition attached to the consent, he shall be guilty of an offence and liable, in a case falling within paragraph (a) above, to the penalty provided by subsection (1) above, and in a case falling within paragraph (b) above, to the penalty provided by subsection (3) above.

(6)In any proceedings for an offence under subsection (1) above, it shall be a defence for the accused to [F13prove] [F13show] 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 [F14relating to a protected place situated in England] , it shall be a defence for the accused to [F15prove that he had taken all reasonable precautions] [F15show that—

(a)he had taken all reasonable steps]

to find out whether the place where he used the metal detector was a protected place [F16and did not believe that it was.] [F16; and

(b)he did not know and had no reason to believe that that place was a protected place]

[F17(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.]

Textual Amendments

F2Words in s. 42(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), s. 31(2), sch. 2 para. 45(a) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F5Words in s. 42(2) 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), s. 31(2), sch. 2 para. 45(b) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F9Words in s. 42(3) 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), s. 31(2), sch. 2 para. 45(c) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F10Words in s. 42(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), s. 31(2), sch. 2 para. 45(d) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F12Words in s. 42(5)(a) 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), s. 31(2), sch. 2 para. 45(e) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F14Words in s. 42(7) inserted (E.W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 17(2), 41(2)

F17S. 42(8) inserted (E.W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 17(3), 41(2)

Modifications etc. (not altering text)

C2S. 42(1) excluded (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 4(12)

C3S. 42(1) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 9 para. 4(12)

C7S. 42(3) excluded (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 4(13)

C8S. 42(3) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 9 para. 4(13)

Powers of entryE+W+S

43 Power of entry for survey and valuation.E+W+S

[F18(1)Any person authorised under this section may at any reasonable time enter any land in Scotland for the purpose of surveying it, or estimating its value, in connection with any proposal to acquire that or any other land under this Act or in connection with any claim for compensation under this Act in respect of any such acquisition.

(1A)Any person authorised under this section may at any reasonable time enter any land in England and Wales or Scotland for the purpose of surveying it, or estimating its value, in connection with any claim for compensation under this Act for any damage to that or any other land.

(1B)See section 172 of the Housing and Planning Act 2016 for a power to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land.]

(2)A person is authorised under this section if he is an officer of the Valuation Office of the Inland Revenue Department or a person duly authorised in writing by the Secretary of State [F19, Historic Environment Scotland] or other authority proposing to make the acquisition which is the occasion of the survey or valuation or (as the case may be) from whom in accordance with this Act compensation in respect of the damage is recoverable.

(3)Subject to section 44(9) of this Act, the power to survey land conferred by this section shall be construed as including power to search and bore for the purposes of ascertaining the nature of the subsoil or the presence of minerals therein.

Textual Amendments

F19Words in s. 43(2) 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), s. 31(2), sch. 2 para. 46 (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

44 Supplementary provisions with respect to powers of entry.E+W+S

(1)A person may not in the exercise of any power of entry under this Act, other than that conferred by section 43, enter any building or part of a building occupied as a dwelling house without the consent of the occupier.

(2)Subject to the following provisions of this subsection, a person may not in the exercise of any power of entry under this Act demand admission as of right to any land which is occupied unless prior notice of the intended entry has been given to the occupier—

(a)where the purpose of the entry is to carry out any works on the land (other than excavations in exercise of the power under section 26 or 38 of this Act), not less than fourteen days before the day on which admission is demanded; or

(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 [F20, 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].

(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.

(4)Any power of entry under this Act shall be construed as including power for any person entering any land in exercise of the power of entry to take with him any assistance or equipment reasonably required for the purpose to which his entry relates and to do there anything reasonably necessary for carrying out that purpose.

(5)Without prejudice to subsection (4) above, where a person enters any land in exercise of any power of entry under this Act for the purpose of carrying out any archaeological investigation or examination of the land, he may take and remove such samples of any description as appear to him to be reasonably required for the purpose of archaelolgical analysis.

(6)Subject to subsection (7) below, where any works are being carried out on any land in relation to which any power of entry under this Act is exercisable, a person acting in the exercise of that power shall comply with any reasonable requirements or conditions imposed by the person by whom the works are being carried out for the purpose of preventing interference with or delay to the works.

(7)Any requirements or conditions imposed by a person by whom any works are being carried out shall not be regarded as reasonable for the purposes of subsection (6) above if compliance therewith would in effect frustrate the exercise of the power of entry or the purpose of the entry; and that subsection does not apply where the works in question are being carried out in contravention of section 2(1) or (6) or 35 of this Act.

(8)Any person who intentionally obstructs a person acting in the exercise of any power of entry under this Act shall be guilty of an offence and liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding [F21level 3 on the standard scale]

(9)Where under section 43 of this Act a person proposes to carry out any works authorised by virtue of subsection (3) of that section—

(a)he shall not carry out those works unless notice of his intention to do so was included in the notice required by subsection (2)(a) above; and

(b)if the land in question is held by statutory undertakers, and those undertakers object to the proposed works on the grounds that the carrying out thereof would be seriously detrimental to the carrying on of their undertaking, the works shall not be carried out except with the authority of the Secretary of State.

Textual Amendments

F20Words in s. 44(2) inserted (E.W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 13(3), 41(2)

Financial provisionsE+W+S

45 Expenditure on archaeological investigation.E+W+S

(1)The Secretary of State may undertake, or assist in, or defray or contribute towards the cost of, an archaeological investigation of any land [F22)(other than land in England)] which he considers may contain an ancient monument or anything else of archaeological or historical interest.

[F23(1A) The Commission may undertake, or assist in, or defray or contribute towards the cost of, an archaeological investigation of any land in England which they consider may contain an ancient monument or anything else of archaeological or historical interest; and the reference to an ancient monument in this subsection shall be construed as if the reference in section 61(12)( b ) of this Act to the Secretary of State were to the Commission. ]

(2)Any local authority may undertake, or assist in, or defray or contribute towards the cost of, an archaeological investigation of any land in or in the vicinity of their area, being land which they consider may contain an ancient monument or anything else of archaeological or historical interest.

(3)The Secretary of State [F24or the Commission] or any local authority may publish the results of any archaeological investigation undertaken, assisted, or wholly or partly financed by them under this section in such manner and form as they think fit.

(4)Without prejudice to the application, by virtue of section 53 of this Act, of any other provision of this Act to land which is not within Great Britain, the powers conferred by this section shall be exercisable in relation to any such land which forms part of the sea bed within the seaward limits of United Kingdom territorial waters adjacent to the coast of Great Britain [F25(or, as regards the powers mentioned in subsection (1A) above, England)].

[F2645ADevelopment and understanding of matters of historic, etc. interest: grants and loansS

(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.

F27(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

46 Compensation for damage caused by exercise of certain powers under this Act.E+W+S

(1)Subject to subsection (2) below, where, in the exercise in relation to any land of any power to which this section applies, any damage has been caused to that land or to any chattels on that land, any person interested in that land or those chattels may recover compensation in respect of that damage from [F28Historic Environment Scotland,] the Secretary of State [F29or the Commission] or other authority by or on whose behalf the power was exercised.

(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 [F30Commission (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, [F316A] [F32 9ZF,] [F339ZJ,] 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.

47 General provisions with respect to claims for compensation under this Act.E+W+S

(1)Any claim for compensation under this Act shall be made within the time and in the manner prescribed.

(2)Any question of disputed compensation under this Act shall be referred to and determined by the [F34Upper Tribunal or] (in the case of any land situated in Scotland) by the Lands Tribunal for Scotland.

(3)In relation to the determination of any such question, the provisions of [F35section] 4 of the M1Land Compensation Act 1961 or (as the case may be) of Sections 9 and 11 of the M2Land Compensation (Scotland) Act 1963 shall apply, but the references in section 4 of the Act of 1961 and section 11 of the Act of 1963 to the acquiring authority shall be construed as references to the authority by whom the compensation claimed is payable under this Act.

48 Recovery of grants for expenditure in conservation areas and on historic buildings.E+W+S

F36(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X1(2)After section 4 of the M3Historic Buildings and Ancient Monuments Act 1953 (grants for preservation of historic buildings, their contents and adjoining land) there shall be inserted the following section —

4A Recovery of grants under section 4.

(1)This section applies to any grant under section 4 of this Act made on terms that it shall be recoverable under this section ; but any such grant shall only be regarded for the purposes of this section as so made if before or on making the grant the Secretary of State gives to the grantee notice in writing —

(a)summarising the effect of this section ; and

(b)specifying the period during which the grant is to be recoverable in accordance with subsection (4) below in the case of a grant made for the purpose there mentioned.

(2)The period specified under subsection (1)(b) above in the case of any grant shall be a period beginning with the day on which the grant is made and ending not more than ten years after that day.

(3)If any condition subject to which a grant to which this section applies was made is contravened or not complied with, the Secretary of State may recover the amount of the grant or such part of it as he thinks fit from the grantee.

(4)If, during the period specified under subsection (1)(b) above in the case of a grant to which this section applies made to any person for the purpose of defraying in whole or in part any expenditure on the repair, maintenance or upkeep of any property, the grantee disposes in any manner mentioned in subsection (5) below of the interest, or any part thereof, held by him in the property on the day on which the grant is made (referred to below in this section as “the relevant interest”), the Secretary of State may recover the amount of the grant or such part of it as he thinks fit from the grantee.

(5)Subsection (4) above only applies where the grantee disposes of the relevant interest or any part of it by way of sale or exchange or lease for a term of not less than twenty-one years.

(6)If a person becomes entitled by way of gift from the grantee, whether directly or indirectly (but otherwise than by will) to a part of the relevant interest, a disposal by the donee in any manner mentioned in subsection (5) above of the interest so acquired by him in the property, or any part of that interest, shall be treated for the purposes of subsection (4) above as a disposal by the grantee of a part of the relevant interest.

(7)If a person becomes entitled by way of any such gift to the whole of the relevant interest subsection (4) above shall have effect (except for the purpose of determining the relevant interest) as if the donee were the grantee.

(8)Nothing in subsection (3) or (4) above shall be taken as conferring on the Secretary of State a right to recover (by virtue of a breach of more than one condition or disposals of several parts of an interest in property) amounts in the aggregate exceeding the amount of the grant.

Editorial Information

X1The text of s. 48(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F36S. 48(1) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.I (with s. 5, Sch. 3)

Marginal Citations

49 Grants to the Architectural Heritage Fund.E+W+S

(1)The Secretary of State may make grants to the [F37Architectural Heritage Fund].

[F38(1A)The Commission may make grants to the Architectural Heritage Fund for the purpose of enabling it to perform its functions in, or in relation to, England.]

(2)A grant under this section may be made subject to such conditions as the Secretary of State [F39or the Commission (as the case may be)] may think fit to impose.

[F40(3)In this section “the Architectural Heritage Fund” means the institution registered under that name under [F41the Charities Act 1993] [F41the Charities Act 2011]]

Application to special casesE+W+S

50 Application to Crown land.E+W+S

(1)Notwithstanding any interest of the Crown in Crown land, but subject to the following provisions of this section—

(a)a monument which for the time being is Crown land may be included in the Schedule; and

(b)any restrictions or powers imposed or conferred by any of the provisions of this Act shall apply and be exercisable in relation to Crown land and in relation to anything done on Crown land otherwise than by or on behalf of the Crown, but not so as to affect any interest of the Crown therein.

[F42(1A)For the purposes of subsection (1)(b), anything done by Historic Environment Scotland on Crown land, in relation to which it has functions by virtue of a delegation by the Scottish Ministers under section 3 of the Historic Environment Scotland Act 2014 (asp 19), is not to be treated as done by or on behalf of the Crown.]

(2)Except with the consent of the appropriate authority—

(a)no power under this Act to enter, or to do anything, on any land shall be exercisable in relation to land which for the time being is Crown land; and

(b)no interest in land which for the time being is Crown land shall be acquired compulsorily under Part I of this Act.

(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.

[F43(3A)Crown land may be included in the register of historic parks and gardens (see section 41A).]

(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—

(a)in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners, and, in relation to any other land belonging to Her Majesty in right of the Crown, means the Government department having the management of that land [F44or the relevant person];

(b)in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, means the Chancellor of the Duchy;

(c)in relation to land belonging to the Duchy of Cornwall, means such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;

(d)in the case of land belonging to a Government department or held in trust for Her Majesty for the purposes of a Government department, means that department;

and, if any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.

In this subsection “Government department” includes any Minister of the Crown [F45and “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land].

Textual Amendments

F42S. 50(1A) 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), s. 31(2), sch. 2 para. 48 (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

Modifications etc. (not altering text)

C12S. 50 modified (17.7.1992) by S.I. 1992/1732, arts. 1, 3(1).

S. 50 extended (17.7.1992) by S.I. 1992/1732, arts. 1, 3(1)(a).

C13S. 50(4)(a) modified (17.7.1992) by S.I. 1992/1732, arts. 1, 3(2).

51 Ecclesiastical Property.E+W+S

(1)Without prejudice to the provisions of the M4Acquisition of Land (Authorisation Procedure) Act 1946 with respect to notices served under that Act, where under any of the provisions of this Act a notice is required to be served on an owner of land, and the land is ecclesiastical property, a like notice shall be served on the [F46Church Commissioners] [F46Diocesan Board of Finance for the diocese in which the land is situated].

(2)[F47Where the fee simple of any ecclesiastical property is in abeyance, the fee simple] [F47Where 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 [F46Church Commissioners] [F46Diocesan Board of Finance for the diocese in which the land is situated].

(3)Any sum which under section [F481AD,] [F499ZL,] 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 [F46Church Commissioners] [F46Diocesan 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 [F46Church Commissioners] [F46Diocesan Board of Finance for the diocese in which the land is situated] may apply any money or securities held by [F50them] [F50it] in the payment of that sum.

(5)In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction.

Textual Amendments

F46Words in s. 51 substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 20(a); 2006 No. 2, Instrument made by Archbishops

F47Words in s. 51(2) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 20(b); 2006 No. 2, Instrument made by Archbishops

F49Word in s. 51(3) inserted (E.W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 13(5), 41(2)

F50Word in s. 51(4) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 20(a); 2006 No. 2, Instrument made by Archbishops

Modifications etc. (not altering text)

Marginal Citations

52 Application to the Isles of Scilly.E+W+S

The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application to those Isles of the provisions of this Act—

(a)as if those Isles were a district and the Council of the Isles were the council of that district; and

(b)in other respects subject to such modifications as may be specified in the order.

[F5152A The Broads.E+W+S

Parts I and II and section 45(2) and (3) of this Act shall apply, in relation to the Broads (as defined by the Norfolk and Suffolk Broads Act 1988), as if the Broads Authority were a local authority.]

53 Monuments in territorial waters.E+W+S

(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 [F52, 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.

[F53(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.]

(3)In relation to any monument in territorial waters which is under the ownership or guardianship of the Secretary of State [F54or 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 [F54or 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.

(4)Without prejudice to any jurisdiction exercisable apart from this subsection, proceedings for any offence under this Act committed in United Kingdom territorial waters adjacent to the coast of Great Britain may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in Great Britain.

(5)It is hereby declared that, notwithstanding that by virtue of this section this Act may affect individuals or bodies corporate outside the United Kingdom, it applies to any individual whether or not he is a British subject, and to any body corporate whether or not incorporated under the law of any part of the United Kingdom.

(6)A constable shall on any monument in territorial waters have all the powers, protection and privileges which he has in the area for which he acts as constable.

(7)References in this section to the sea bed do not include the seashore or any other land which, though covered (intermittently or permanently) by the sea, is within Great Britain.

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) [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.

F56(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 [F57under the Treasure Act 1996].

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F56Words in s. 54(2) 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), s. 31(2), sch. 2 para. 49 (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F57Words in s. 54(3) substituted (E.W.) (24.9.1997 with effect in relation to any treasure found after the commencement of 1996 c. 24, s. 4) by 1996 c. 24, s. 14(2)(4); S.I. 1997/1977, art.2

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) [F109or 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 [F56, 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 [F56, 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.

Extent Information

E3This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F56Words in s. 54(2) 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), s. 31(2), sch. 2 para. 49 (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

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 [F58or 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 [F59or Historic Environment Scotland] of [F60either] [F60any] of the following descriptions, that is to say—

(a)[F61any decision of the Secretary of State on an application for scheduled monument consent; and]

[F61any 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)[F62the giving by the Secretary of State of any direction under section 4] [F62the 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.

[F63(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 [F64or 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 M5Tribunals and Inquiries Act [F651992] 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 [F66or Historic Environment Scotland] to take a decision on an application for scheduled monument consent.

Textual Amendments

F58Words in s. 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), s. 31(2), sch. 2 para. 50(a) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F59Words in s. 55(3) 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), s. 31(2), sch. 2 para. 50(b)(i) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F60Word in s. 55(3) 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), s. 31(2), sch. 2 para. 50(b)(ii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F61S. 55(3)(a)(aa) substituted for s. 55(3)(a) (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), s. 31(2), sch. 2 para. 50(b)(iii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F62Words in s. 55(3)(b) 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), s. 31(2), sch. 2 para. 50(b)(iv) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F64Words in s. 55(4)(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), s. 31(2), sch. 2 para. 50(c) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F65Words in s. 55(6)(b) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para.12.

F66Words in s. 55(7) 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), s. 31(2), sch. 2 para. 50(d) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

Modifications etc. (not altering text)

Marginal Citations

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

[F67(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.

[F68(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.

[F69(3)In this section, “Wales” has the same meaning as in the Government of Wales Act 2006 (see section 158(1) of that Act).]

Textual Amendments

F67S. 56(1)(ca) inserted (E.W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 21(1), 41(2)

F68S. 56(1A) inserted (E.W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 21(2), 41(2)

F69S. 56(3) inserted (E.W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 21(3), 41(2)

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

(1)For the purpose of enabling the Secretary of State [F70or Historic Environment Scotland] [F71or the Commission] or a local authority to exercise any function under this Act, the Secretary of State [F70or Historic Environment Scotland] [F71or 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 [F72of 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 [F73level 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.

Textual Amendments

F70Words in s. 57(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), s. 31(2), sch. 2 para. 51 (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

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 [F74section 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.

Textual Amendments

F74Words in s. 59 substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 24(2)

60 Regulations and orders.E+W+S

[F75(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.

[F76(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.

[F77(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.]

Textual Amendments

F76S. 60(1A) inserted (E.W.) (21.3.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 40(1), 41(1)(f)

F77S. 60(3)-(5) inserted (E.W.) (21.3.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 40(2), 41(1)(f)

61 Interpretation.E+W

(1)In this Act—

  • [F78address”, 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;

  • [F79the Commission” means the Historic Buildings and Monuments Commission for England;]

  • designation order” means an order under that section;

  • [F80development consent” means development consent under the Planning Act 2008; ]

  • [F78electronic 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;

  • [F81interim 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 F82... , the council of a county or district, F83... the council of a London borough, and the Common Council of the City of London;

[F84(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 M6Local 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 [F85sections 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) [F86and (3B)] and 3(5) of this Act;

  • F87. . .

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

[F88“universal postal service provider” means a universal service provider within the meaning of [F89Part 3 of the Postal Services Act 2011]; and references to the provision of a universal postal service shall be construed in accordance with [F90that Part].]

  • works” includes operations of any description and, in particular (but without prejudice to the generality of the preceding provision) flooding or tipping operations and any operations undertaken for purposes of agriculture (within the meaning of [F91the Town and Country Planning Act 1990] or, as regards Scotland, [F92the Town and Country Planning (Scotland) Act 1997] or forestry (including afforestation).

(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 F93... , F94... [F95or hydraulic power];

(b)F96... the Civil Aviation Authority, the F97... , [F98a 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 [F99the Town and Country Planning Act 1990] or of [F92the 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.

[F100(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.]

[F101(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 [F102(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; F103...

(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; [F104and

(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.

[F105(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 M7Protection 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 [F106or 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.

Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F78Words in s. 61(1) inserted (E.W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 21(4), 41(2)

F80Words in s. 61(1) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 20 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F81Words in s. 61(1) inserted (E.W.) (31.5.2017) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 4(6), 41(3); S.I. 2017/633, art. 4(a) (with art. 6(1))

F85Words in s. 61(1) 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), ss. 11(2)(a), 41(1)(c)(3); S.I. 2021/1059, art. 2(a)

F86Words in s. 61(1) inserted (E.W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 6(2), 41(2)

F87The definition of "statutory maximum" in s. 61(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 2

F88S. 61(1): definition of “universal postal provider” inserted (26.3.01) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 45(2)

F92Words in s. 61(1)(2)(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 29(2)

F97Words in s. 61(2)(b) repealed (31.10.1994) by virtue of 1994 c. 21, s. 67, Sch. 9 para. 22, Sch. 11 Pt. II; S.I. 1994/2553, art. 2

F98Words in s. 61(2)(b) substituted (26.3.01) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 45(3)

F100S. 61(2A) inserted (26.3.01) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 45(4)

F101S. 61(2B) inserted (E.W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 21(5), 41(2)

F102Words 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), ss. 11(2)(b), 41(1)(c)(3); S.I. 2021/1059, art. 2(a)

F103Word in s. 61(7) omitted (E.W.) (21.5.2016) by virtue of Historic Environment (Wales) Act 2016 (anaw 4), ss. 22(2)(a), 41(2)

F104S. 61(7)(d) and word inserted (E.W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 22(2)(b), 41(2)

Marginal Citations

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;

  • [F110the Commission” means the Historic Buildings and Monuments Commission for England;]

  • designation order” means an order under that section;

  • [F80development 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 F111... , the council of a county or district, F112... the council of a London borough, and the Common Council of the City of London;

[F113(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 M8Local 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;

  • [F114period 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;

  • F115. . .

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

[F116“universal postal service provider” means a universal service provider within the meaning of [F89Part 3 of the Postal Services Act 2011]; and references to the provision of a universal postal service shall be construed in accordance with [F90that Part].]

  • works” includes operations of any description and, in particular (but without prejudice to the generality of the preceding provision) flooding or tipping operations and any operations undertaken for purposes of agriculture (within the meaning of [F117the Town and Country Planning Act 1990] or, as regards Scotland, [F118the Town and Country Planning (Scotland) Act 1997] or forestry (including afforestation).

(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 F119... , F120... hydraulic power or water ;

(b)F121... the Civil Aviation Authority, the F122... , [F123a 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 [F124the Town and Country Planning Act 1990] or of [F118the 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.

[F125(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; F126...

(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; [F127 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;

F128(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 [F129or Historic Environment Scotland] [F130or 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.

Extent Information

E4This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F80Words in s. 61(1) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 20 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F114Words in s. 61(1) inserted (30.6.2011 for specified purposes, 1.12.2011 in so far as not already in force) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 6(3), 33(2); S.S.I. 2011/174, art. 2, Sch.; S.S.I. 2011/372, art. 2, Sch.

F115The definition of "statutory maximum" in s. 61(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 2

F116s. 61(1): definition of “universal postal service” inserted (26.3.01) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 45(2)

F118Words in s. 61(1)(2)(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 29(2)

F122Words in s. 61(2)(b) repealed (31.10.1994) by virtue of 1994 c. 21, s. 67, Sch. 9 para. 22, Sch. 11 Pt. II; S.I. 1994/2553, art. 2

F123Words in s. 61(2)(b) substituted (26.3.01) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 45(3)

F125S. 61(2A) inserted (26.3.01) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 45(4)

F129Words in s. 61(9) inserted (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), s. 31(2), sch. 2 para. 52 (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

Marginal Citations

62 Special provision for Scotland.E+W+S

(1)–(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F107

(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.

Textual Amendments

63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F108E+W+S

Textual Amendments

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.

X2(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.

X2(3)The enactments specified in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Editorial Information

X2The text of s. 64(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

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.

Subordinate Legislation Made

P1Power of appointment conferred by s. 65(2) exercised: S.I. 1979/786, 1981/1300, 1981/1466 and 1982/362

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources