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LEGISLACION EN EUROPA
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LEGISLACION EN EUROPA
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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
(3) In granting or modifying a scheduled monument consent in a case to which this section applies
the Secretary of State may do so on terms that no works in respect of which the compensation was
paid are to be executed in pursuance of the consent until the recoverable amount has been repaid to
the Secretary of State or secured to his satisfaction.
Compensation where works affecting a scheduled monument cease to be authorised.
Subject to subsection (4) below, in this subsection « the recoverable amount « means such amount
(being an amount representing the whole of the compensation previously paid or such part thereof
as the Secretary of State thinks fit) as the Secretary of State may specify in giving notice of his deci-
sion on the application for scheduled monument consent or (as the case may be) in the direction
modifying the consent.
(4) Where a person who has an interest in the whole or any part of a monument is aggrieved by the
amount specified by the Secretary of State as the recoverable amount for the purposes of subsection
(3) above, he may require the determination of that amount to be referred to the Lands Tribunal or
(in the case of a monument situated in Scotland) to the Lands Tribunal for Scotland ; and in any such
case the recoverable amount for the purposes of that subsection shall be such amount (being an
amount representing the whole or any part of the compensation previously paid) as that Tribunal
may determine to be just in the circumstances of the case.
(5) A notice deposited under subsection (2)(b) above shall specify the decision which gave rise to the
right to compensation, the monument affected by the decision, and the amount of the compensation.
(6) A notice so deposited in the case of a monument situated in England andWales shall be a lo-
cal land charge ; and for the purposes of the Local Land Charges Act 1975 the council with whom
any such notice is deposited shall be treated as the originating authority as respects the charge
thereby constituted.
(7) A notice so deposited in the case of any monument situated in Scotland which is heritable may be
recorded in the Register of Sasines.
9.
(1) Subject to the following provisions of this section, where any works affecting a scheduled monu-
ment which were previously authorised under this Part of this Act cease to be so, then, if any person
who has an interest in the whole or any part of the monument-
(a) has incurred expenditure in carrying out works which are rendered abortive by the fact that any
further works have ceased to be so authorised ; or
(b) has otherwise sustained loss or damage which is directly attributable to that fact ; the Secretary
of State shall pay to that person compensation in respect of that expenditure, loss or damage.
(2) Subsection (1) above only applies where the works cease to be authorised under this Part of this Act
(a) by virtue of the fact that a scheduled monument consent granted by order under section 3 of this
Act ceases to apply to any scheduled monument (whether by virtue of variation or revocation of the
order or by virtue of a direction under subsection (3) of that section) ; or
(b) by virtue of the modification or revocation of a scheduled monument consent by a direction
given under section 4 of this Act ; or
(c) in accordance with paragraph 8 of Schedule 1 to this Act, by virtue of the service of a notice
of proposed modification or revocation of a scheduled monument consent under paragraph 5 of
that Schedule.
(3) A person shall not be entitled to compensation under this section in a case falling within subsection (2)
(a) above unless, on an application for scheduledmonument consent for the works in question, consent is
refused, or is granted subject to conditions other than those which previously applied under the order.
(4) For the purposes of this section, any expenditure incurred in the preparation of plans for the pur-
poses of any works, or upon other similar matters preparatory thereto, shall be taken to be included
in the expenditure incurred in carrying out those works.
(5) Subject to subsection (4) above, no compensation shall be paid under this section in respect of
any works carried out before the grant of the scheduled monument consent in question, or in re-
spect of any other loss or damage (not being loss or damage consisting of depreciation of the value of an
interest in land) arising out of anything done or omitted to be done before the grant of that consent.
Part I
Acquisition of ancient monuments
10.
(1) The Secretary of State may acquire compulsorily Compulsory any ancient monument for the pur-
pose of securing its preserva- acquisition tion. of ancient monuments.
(2) The Acquisition of Land (Authorisation Procedure) Act 1946 c. 49. 1946 shall apply to any com-
pulsory acquisition by the Secretary of State under this section of an ancient monument situated
in England andWales as it applies to a compulsory acquisition by another Minister in a case falling
within section 1(1) of that Act.
(3) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to any compul-
sory acquisition by the Secretary of State under this section of an ancient monument situated in
Scotland as it applies to a compulsory acquisition by another Minister or by the Secretary of State
under section 58 1972 c. 58. of the National Health Service (Scotland) Act 1972 in a case falling within
section 1(1) of the said Act of 1947.
(4) For the purpose of assessing compensation in respect of any compulsory acquisition under this
section of a monument which, immediately before the date of the compulsory purchase order, was
scheduled, it shall be assumed that scheduled monument consent would not be granted for any
works which would or might result in the demolition, destruction or removal of the monument or
any part of it.
Acquisition by agreement or gift of ancient monuments.
11.
(1) The Secretary of State may acquire by agreement any ancient monument.
(2) Any local authority may acquire by agreement any ancient monument situated in or in the vicin-
ity of their area.
(3) The Secretary of State or any local authority may accept a gift (whether by deed or will) of any
ancient monument.
1965 c. 56. (4) The provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable) other
than sections 4 to 8, section 10 and section 31, shall apply in relation to any acquisition under
subsection (1) or (2) above of an ancient monument situated in England andWales.
(5) For the purpose of any acquisition under subsection (1) or
(2) above of any ancient monument situated in Scotland which is heritable-
(a) the Lands Clauses Acts (with the exception of the provisions excluded by subsection (6) below)
and sections 1845 c. 33. 6 and 70 to 78 of the Railways Clauses Consolidation (Scotland) Act 1845 (as
originally enacted and not as 1923 c. 20. amended by section 15 of the Mines (Working Facilities and
Support) Act 1923) shall be incorporated with this section ; and
(b) in construing those Acts for the purposes of this section, this section shall be deemed to be
the special Act and the Secretary of -State or the local authority acquiring the monument shall be
deemed to be the promoter of the undertaking or company (as the case may require).
(6) The provisions of the Lands Clauses Acts excluded from being incorporated with this section are-
(a) those which relate to the acquisition of land otherwise than by agreement ;
(b) those which relate to access to the special Act ; and 1845 c. 19. (c) sections 120 to 125 of the Lands
Clauses Consolidation (Scotland) Act 1845.
Guardianship of ancient monuments
12.
(1) Subject to subsection (4) below, a person who has- power to
(a) an interest of any description mentioned in subsection place ancient
(3) below in an ancient monument situated in England monument under andWales ; or guardianship.
(b) any heritable interest in an ancient monument situated in Scotland ; may, with the consent of the
Secretary of State, constitute him by deed guardian of the monument.
(2) Subject to subsection (4) below, a person who has any such interest in an ancient monument may
with the consent of any local authority in or in the vicinity of whose area the monument is situated
constitute that authority by deed guardians of the monument.
(3) The interests in an ancient monument situated in England andWales which qualify a person to
establish guardianship of the monument under subsection (1) or (2) above are the following-
(a) an estate in fee simple absolute in possession ;
(b) a leasehold estate or interest in possession, being an estate or interest for a term of years of
which not less than forty-five are unexpired or (as the case may be) renewable for a term of not less
than forty-five years ; and
(c) an interest in possession for his own life or the life of another, or for lives (whether or not includ-
ing his own), under any existing or future trust for sale under which the estate or interest for the
time being subject to the trust falls within paragraph (a) or (b) above.
