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LEGISLACION EN EUROPA
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LEGISLACION EN EUROPA
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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
of a scheduled monument he may enter the site of the monument and execute those works, after
giving the owner and (if the owner is not the occupier) the occupier of the monument not less than
seven days’ notice in writing of his intention to do so.
(2) Where the Secretary of State executes works under this section for repairing any damage to a
scheduled monument-
(a) any compensation order previously made in respect of that damage under section 35 of the
Powers of Criminal Courts Act 1973 (compensation orders against convicted persons) in favour of
any other person shall be enforceable (so far as not already complied with) as if it had been made in
favour of the Secretary of State ; and
(b) any such order subsequently made in respect of that damage shall be made in favour of the Sec-
retary of State. Powers of entry for inspection of scheduled monuments, etc.
6.
(1) Any person duly authorised in writing by the Secretary of State may at any reasonable time enter
any land for the purpose of inspecting any scheduled monument in, on or under the land with a view
to ascertaining its condition and-
(a) whether any works affecting the monument are being carried out in contravention of section 2(1)
of this Act ; or
(b) whether it has been or is likely to be damaged (by any such works or otherwise).
(2) Any person duly authorised in writing by the Secretary of State may at any reasonable time enter
any land for the purpose of inspecting any scheduled monument in, on or under the land in connec-
tion with-
(a) any application for scheduled monument consent for works affecting that monument ; or
(b) any proposal by the Secretary of State to modify or revoke a scheduled monument consent for
any such works.
(3) Any person duly authorised in writing by. the Secretary of State may at any reasonable time enter
any land for the purpose of-
(a) observing the execution on the land of any works to which a scheduled monument consent
relates ; and
(b) inspecting the condition of the land and the scheduled monument in question after the com-
pletion of any such works ; so as to ensure that the works in question are or have been executed in
accordance with the terms of the consent and of any conditions attached to the consent.
(4) Any person duly authorised in writing by the Secretary of State may at any reasonable time enter
any land on which any works to which a scheduled monument consent relates are being carried out
for the purpose of-
(a) inspecting the land (including any buildings or other structures on the land) with a view to re-
cording any matters of archaeological or historical interest ; and
(b) observing the execution of those works with a view to examining and recording any objects or
other material of archaeological or historical interest, and recording any matters of archaeological or
historical interest, discovered during the course of those works.
(5) Any person duly authorised in writing by the Secretary of State may enter any land in, on or under
which a scheduled monument is situated, with the consent of the owner and (if the owner is not
the occupier) of the occupier of the land, for the purpose of erecting and maintaining on or near the
site of the monument such notice boards and marker posts as appear to the Secretary of State to be
desirable with a view to preserving the monument from accidental or deliberate damage.
(6) References in this section to scheduled monument consent include references to consent
granted by order under section 3 of this Act.
Part I
7.
0) Subject to the following provisions of this section, Compensation where a person who has an
interest in the whole or any part of for refusal a monument incurs expenditure or otherwise sustains
any loss or of scheduled monument damage in consequence of the refusal, or the granting subject
consent. to conditions, of a scheduled monument consent in relation to any works of a description
mentioned in subsection (2) below, the Secretary of State shall pay to that person compensation in
respect of that expenditure, loss or damage.
References in this section and in section 8 of this Act to compensation being paid in respect of any
works are references to compensation being paid in respect of any expenditure incurred or other
loss or damage sustained in consequence of the refusal, or the granting subject to conditions, of a
scheduled monument consent in relation to those works.
(2) The following are works in respect of which compensation is payable under this section-
(a) works which are reasonably necessary for carrying out any development for which planning per-
mission had been granted (otherwise than by a general development order) before the time when
the monument in question became a scheduled monument and was still effective at the date of the
application for scheduled monument consent ;
(b) works which do not constitute development, or constitute development such that planning per-
mission is granted therefor by a general development order ; and
(c) works which are reasonably necessary for the continuation of any use of the monument for any
purpose for which it was in use immediately before the date of the application for scheduled monu-
ment consent.
For the purposes of paragraph (c) above, any use in contravention of any legal restrictions for the
time being applying to the use of the monument shall be disregarded.
(3) The compensation payable under this section in respect of any works within subsection (2)
(a) above shall be limited to compensation in respect of any expenditure incurred or other loss or
damage sustained by virtue of the fact that, in consequence of the Secretary of State’s decision, any
development for which the planning permission in question was granted could not be carried out
without contravening section 2(1) of this Act.
(4) A person shall not be entitled to compensation under this section by virtue of subsection (2)(b)
above if the works in question or any of them would or might result in the total or partial demolition
or destruction of the monument, unless those works consist solely of operations involved in or inci-
dental to the use of the site of the monument for the purposes of agriculture or forestry (including
afforestation).
(5) In a case where scheduled monument consent is granted subject to conditions, a person shall not
be entitled to compensation under this section by virtue of subsection (2)(c) above unless compli-
ance with those conditions would in effect make it impossible to use the monument for the purpose
there mentioned.
(6) In calculating, for the purposes of this section, the amount of any loss or damage consisting of
depreciation of the value of an interest in land-
(a) it shall be assumed that any subsequent application for scheduled monument consent in relation
to works of Ancient Monuments and Archaeological Areas c. 46 9 Act 1979 a like description would
be determined in the same way ; but
(b) if, in the case of a refusal of scheduled monument consent, the Secretary of State, on refusing
that consent, undertook to grant such consent for some other works affecting the monument in the
event of an application being made in that behalf, regard shall be had to that undertaking.
(7) References in this section to a general development order are references to a development order
made as a general order applicable (subject to such exceptions as may be specified therein) to all land.
8.
(1) Subject to the following provisions of this section, Recovery of this section applies- compensation
under section 7
(a) in a case where compensation under section 7 of this on subsequent Act was paid in consequence
of the refusal of a grant of scheduled monument consent, if the Secretary of State consent.
subsequently grants scheduled monument consent for the execution of all or any of the works in
respect of which the compensation was paid ; and
(b) in a case where compensation under that section was paid in consequence of the granting of a
scheduled monument consent subject to conditions, if the Secretary of State subsequently so modi-
fies that consent that those conditions, or any of them, cease to apply to the execution of all or any
of the works in respect of which the compensation was paid or grants a new consent in respect of all
or any of those works free from those conditions, or any of them.
(2) This section does not apply in any case unless-
(a) the compensation paid exceeded E20; and
(b) the Secretary of State has caused notice of the payment of compensation to be deposited with
the local authority of each area (in Scotland) or with the council of each district or London borough
(in England andWales) in which the monument in question is situated or (where it is situated in
the City of London, the Inner Temple or the Middle Temple) with the Common Council of the City
of London.
