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LEGISLACION EN EUROPA
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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
(a) exclude any monument from the Schedule ; or
(b) amend the entry in the Schedule relating to any monument (whether by excluding anything
previously included as part of the monument or adding anything not previously so included, or oth-
erwise).
(6) As soon as may be after-
(a) including any monument in the Schedule under subsection
(3) above ;
(b) amending the entry in the Schedule relating to any monument ; or
(c) excluding any monument from the Schedule ; the Secretary of State shall inform the owner and
(if the owner is not the occupier) the occupier of the monument, and any local authority in whose
area the monument is situated, of the action taken and, in a case falling within paragraph (a) or (b)
above, shall also send to him or them a copy of the entry or (as the case may be) of the amended
entry in the Schedule relating to that monument.
(7) The Secretary of State shall from time to time publish a list of all the monuments which are for
the time being included in the Schedule, whether as a single list or in sections containing the monu-
ments situated in particular areas ; but in the case of a list published in sections, all sections of the
list need not be published simultaneously.
(8) The Secretary of State may from time to time publish PART I amendments of any list published
under subsection (7) above, and any such list (as amended) shall be evidence of the inclusion in the
Schedule for the time being-
(a) of the monuments listed ; and
(b) of any matters purporting to be reproduced in the list from the entries in the Schedule relating to
the monuments listed.
(9) An entry in the Schedule recording the inclusion therein of a monument situated in England and
Wales shall be a local land charge.
(10) It shall be competent to record in the Register of Sasines-
(a) a certified copy of the entry or (as the case may be) the amended entry in the Schedule relating to
any monument in Scotland which is heritable ; and
(b) where any such monument is excluded from the Schedule and a certified copy of the entry in
the Schedule relating to it has previously been so recorded under paragraph (a) above, a certificate
issued by or on behalf of the Secretary of State stating that it has been so excluded.
(1.1) In this Act « scheduled monument « means any monument which is for the time being included
in the Schedule.
2.
(1) If any person executes or causes or permits to be Control executed any works to which this sec-
tion applies he shall be of works guilty of an offence unless the works are authorised under this
affecting Part of this Act. M scheduled ments.
(2) This section applies to any of the following works, that is to say-
(a) any works resulting in the demolition or destruction of or any damage to a scheduled monument ;
(b) any works for the purpose of removing or repairing a scheduled monument or any part of it or of
making any alterations or additions thereto ; and
(c) any flooding or tipping operations on land in, on or under which there is a scheduled monument.
(3) Without prejudice to any other authority to execute works conferred under this Part of this Act,
works to which this section applies are authorised under this Part of this Act if--
(a) the Secretary of State has granted written consent (referred to below in this Act as « scheduled
monument consent «) for the execution of the works ; and
(b) the works are executed in accordance with the terms of the consent and of any conditions at-
tached to the consent.
Part I
(4) Scheduled monument consent may be granted either unconditionally or subject to conditions
(whether with respect to the manner in which or the persons by whom the works or any of the
works are to be executed or otherwise).
(5) Without prejudice to the generality of subsection (4) above, a condition attached to a scheduled
monument consent may require that the Secretary of State or a person authorised by the Secretary
of State be afforded an opportunity, before any works to which the consent relates are begun, to ex-
amine the monument and its site and carry out such excavations therein as appear to the Secretary
of State to be desirable for the purpose of archaeological investigation.
(6) Without prejudice to subsection (1) above, if a person executing or causing or permitting to
be executed any works to which a scheduled monument consent relates fails to comply with any
condition attached to the consent he shall be guilty of an offence, unless he proves that he took all
reasonable precautions and exercised all due diligence to avoid contravening the condition.
(7) In any proceedings for an offence under this section in relation to works within subsection (2)
(a) above it shall be a defence for the accused to prove that he took all reasonable precautions and
exercised all due diligence to avoid or prevent damage to the monument.
(8) In any proceedings for an offence under this section in relation to works within subsection (2)(a)
or (c) above it shall be a defence for the accused to prove that he did not know and had no reason to
believe that the monument was within the area affected by the works or (as the case may be) that it
was a scheduled monument.
(9) In any proceedings for an offence under this section it shall be a defence to prove that the works
were urgently necessary in the interests of safety or health and that notice in writing of the need for
the works was given to the Secretary of State as soon as reasonably practicable.
(10) A person guilty of an offence under this section shall be liable-
(a) on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a
fine not exceeding the statutory maximum ; or
(b) on conviction on indictment to a fine.
(11) Part I of Schedule 1 to this Act shall have effect with respect to applications for, and the effect of,
scheduled monument consent.
3.
(1) The Secretary of State may by order grant scheduled PART I monument consent for the execution of
works of any class or Grant of description specified in the order, and any such consent may scheduled ap-
ply to scheduledmonuments of any class or description somonument specified. consent by order of the
(2) Any conditions attached by virtue of section 2 of this Secretary Act to a scheduled monument
consent granted by an order of State. under this section shall apply in such class or description of
cases as may be specified in the order.
(3) The Secretary of State may direct that scheduled monument consent granted by an order under
this section, unless the to any scheduled monument specified in the direction, and may withdraw
any direction given under this subsection.
(4) A direction under subsection (3) above shall not take effect until notice of it has been served on
the occupier or (if there is no occupier) on the owner of the monument in question.
(5) References below in this Act to a scheduledmonument consent do not include references to a scheduled
monument consent granted by an order under this section,unles the contrary intention is expressed.
4.
(1) Subject to subsection (2) below, if no works to which Duration, a scheduled monument consent
relates are executed or started modification within the period of five years beginning with the date
on which revocation of the consent was granted, or such longer or shorter period as may scheduled
be specified for the purposes of this subsection in the consent, monument the consent shall cease to
have effect at the end of that period consent.
(unless previously revoked in accordance with the following provisions of this section).
(2) Subsection (1) above does not apply to a scheduled monument consent which provides that it
shall cease to have effect at the end of a period specified therein.
(3) If it appears to the Secretary of State to be expedient to do so, he may by a direction given under
this section modify or revoke a scheduled monument consent to any extent he considers expedient.
(4) Without prejudice to the generality of the power conferred by subsection (3) above to modify a
scheduled monument consent, it extends to specifying a period, or altering any period specified, for
the purposes of subsection (1) above, and to including a provision to the effect mentioned in subsec-
tion (2) above, or altering any period specified for the purposes of any such provision.
(5) Part II of Schedule 1 to this Act shall have effect with respect to directions under this section
modifying or revoking a scheduled monument consent.
Part I
Executionofworks for preservationof a scheduledmonument by Secretary of State in cases of urgency.1973 c.62.
5.
(l) If it appears to the Secretary of State that any works are urgently necessary for the preservation
