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LEGISLACION EN EUROPA
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LEGISLACION EN EUROPA
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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
bodies, that is to say-
The Royal Commission on Historical Monuments (England)
The Society of Antiquaries of London
The Royal Academy of Arts
The Royal Institute of British Architects
The Trustees of the British Museum
The British Academy
and of such other members as the Secretary of State may appoint.
3) The Ancient Monuments Board for Scotland shall consist of members representing the following
bodies, that is to say-
The Royal Commission on the Ancient and Historical Monuments of Scotland
The Royal Incorporation of Architects in Scotland
The Society of Antiquaries of Scotland
and of such other members as the Secretary of State may appoint.
(4) The Ancient Monuments Board for Wales shall consist of members representing the following
bodies, that is to say-
The Royal Commission on Ancient and Historical Monuments (Wales)
The National Museum of Wales
The Cambrian Archaeological Association
The Royal Institute of British Architects
and of such other members as the Secretary of State may appoint.
Annual reports of Ancient Monuments Boards.
(5) References in this Act and in any other enactment to the Ancient Monuments Board shall be
construed-
(a) in relation to England, as references to the Ancient Monuments Board for England ;
(b) in relation to Scotland, as references to the Ancient Monuments Board for Scotland ; and
(c) in relation toWales, as references to the Ancient Monuments Board for Wales.
(6) It shall be the function of the Ancient Monuments Board to advise the Secretary of State with re-
spect to the exercise of his functions under this Act, whether generally or in relation to any particular
case or classes of case.
(7) Without prejudice to the generality of subsection (6) above the Ancient Monuments Board may
advise the Secretary of State with respect to any of the following, that is to say-
(a) the inclusion of any monument in the Schedule under section 1(3) of this Act ;
(b) the exclusion of any monument from the Schedule ;
(c) the amendment of the entry in the Schedule relating to any monument ;
(d) the termination of guardianship by an agreement under section 14 of this Act ; and
(e) the disposal (in accordance with section 30 of this Act) of any land acquired under section 10, 11 or
21 of this Act.
(8) The Secretary of State may by regulations under this section amend subsection (2), (3) or (4) above.
23.
The Ancient Monuments Board for England, the Ancient Monuments Board for Scotland and the An-
cient Monuments Board for Wales shall each, before such date in every year as the Secretary of State
may fix, send to the Secretary of State a report on the discharge by them of their functions during
the previous year, and the Secretary of State shall lay a copy of each such report before each House
of Parliament.
Miscellaneous and supplemental
Expenditure
24.
(1) The Secretary of State may defray or contribute by Secretary towards the cost of the acquisition
by any person of any ancient of State or monument. Local authority on (2) The Secretary of State may
undertake, or assist in, or acquisition and defray or contribute towards the cost of the removal of any
preservation of ancient ancient monument or of any part of any such monument to anmonuments,
other place for the purpose of preserving it, and may at the etc. request of the owner undertake, or
assist in, or defray or contribute towards the cost of the preservation, maintenance and manage-
ment of any ancient monument.
(3) The Secretary of State may contribute towards the cost of the provision of facilities or services for
the public by a local authority under section 20 of this Act.
(4) Any local authority may at the request of the owner undertake, or assist in, or defray or contrib-
ute towards the cost of the preservation, maintenance and management of any ancient monument
situated in or in the vicinity of their area.
(5) No expenses shall be incurred by the Secretary of State or any local authority under this section in
connection with any monument which is occupied as a dwelling house by any person other than a
person employed as the caretaker thereof or his family.
25.
(1) The Secretary of State may give advice with reference Advice and to the treatment of any ancient
monument. Superintendence by
(2) The Secretary of State may also, if in his opinion it is Secretary of advisable, superintend any work
in connection with any ancient state.
monument if invited to do so by the owner, and shall superintend any such work, whether required to
do so by the owner or not, in connection with any scheduled monument, if in his opinion it is advisable.
(3) The Secretary of State may make a charge for giving advice and superintendence under this sec-
tion or may give it free of charge, as he thinks fit.
26.
(1) A person duly authorised in writing by the Secretary Power of of State may at any reasonable
time enter any land in, on or entry on land under which the Secreta of State knows or has reason
to believed to believe there is an ancient monument for the purpose of inspect- ancient an ing the
land (including any building or other structure on the monument. land) with a view to recording any
matters of archaeological or historical interest.
(2) Subject to subsection (3) below, a person entering any land in exercise of the power conferred by sub-
section (1) above may carry out excavations in the land for the purpose of archaeological investigation.
(3) No excavation shall be made in exercise of the power conferred by subsection (2) above except
with the consent of every person whose consent to the making of the excavation would be required
apart from this section.
General provisions as to compensation for depreciation under 1961 c. 33. 1963 c. 51. Offence of damag-
ing certain ancient monuments.
27.
(1) For the purpose of assessing any compensation to which this section applies, the rules set out in
section 5 of the Land Compensation Act 1961 or, in relation to land in Scotland, the rules set out in
section 12 of the Land Compensation (Scotland) Act 1963 shall, so far as applicable and subject to, any
necessary modifications, have effect as they have effect for the purpose of assessing compensation
for the compulsory acquisition of an interest in land.
(2) This section applies to any compensation payable under section 7 or 9 of this Act in respect of any
loss or damage consisting of depreciation of the value of an interest in land.
(3) Where an interest in land is subject to a mortgage-
(a) any compensation to which this section applies, which is payable in respect of depreciation of the
value of that interest, shall be assessed as if the interest were not subject to the mortgage ;
(b) a claim for any such compensation may be made by any mortgagee of the interest, but without
prejudice to the making of a claim by the person entitled to the interest;
(c) no compensation to which this section applies shall be payable in respect of the interest of the
mortgagee (as distinct from the interest which is subject to the mortgage) ; and
(d) any compensation to which this section applies which is payable in respect of the interest which
is subject to the mortgage shall be paid to the mortgagee, or, if there is more than one mortgagee, to
the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.
28.
(1) A person who without lawful excuse destroys or damages any protected monument-
(a) knowing that it is a protected monument ; and
(b) intending to destroy or damage the monument or being reckless as to whether the monument
would be destroyed or damaged ; shall be guilty of an offence.
(2) This section applies to anything done by or under the authority of the owner of the monument, other
than an act for the execution of excepted works, as it applies to anything done by any other person.
In this subsection « excepted works « means works for which scheduled monument consent has
been given under this Act (including any consent granted by order under section 3).
(3) In this section « protected monument « means any scheduled monument and any monument
under the ownership or guardianship of the Secretary of State or a local authority by virtue of this Act.
(4) A person guilty of an offence under this section shall be liable-
(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a
term not exceeding six months or both ; or
