Law

Ancient Monuments and Archaeological Areas Act 1979

United Kingdom · statute

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In force since 2024-11-04, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 129 provisions

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129 provisions

9ZM Injunctions

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9A Power to issue scheduled monument enforcement notice

(1) Where it appears to Historic Environment Scotland that— (a) any works have been, or are being, executed to a scheduled monument or to land in, on or under which there is a scheduled monument, and (b) the works are such as to involve a contravention of section 2(1) or (6), it may, if it considers it expedient having regard to the effect of the works on the character of the monument as one of national importance, serve a notice under this section (in this Act referred to as a “scheduled monument enforcement notice”). (2) A scheduled monument enforcement notice must specify the alleged contravention and must (either or both)— (a) specify any works falling within subsection (1) which Historic Environment Scotland requires to cease, (b) require steps falling within subsection (3) and specified in the notice to be taken. (3) Those steps are— (a) for restoring the monument or land to its former state, (b) if Historic Environment Scotland considers that restoration to its former state would not be reasonably practicable or would be undesirable, for executing such further works specified in the notice as it considers are required to alleviate in a manner acceptable to it the effect of the works which were carried out without scheduled monument consent, or (c) for bringing the monument or land to the state it would have been in if the conditions of any scheduled monument consent for the works had been complied with. (4) In considering whether restoration is undesirable under subsection (3)(b), Historic Environment Scotland is to have regard to the desirability of preserving— (a) the national importance of the monument, (b) its features of historical, architectural, traditional, artistic or archaeological interest. (5) Where further works of a kind mentioned in subsection (3)(b) have been carried out on a monument or land, scheduled monument consent is treated as having been granted in respect of the works carried out on that monument or land.

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9B Scheduled monument enforcement notices: further provisions

(1) A scheduled monument enforcement notice— (a) must specify the date on which it is to take effect and, subject to section 9C(3), takes effect on that date, and (b) must specify the period (the “period for compliance”) within which— (i) any works required to cease must cease, (ii) any steps required to be taken must be taken, and may specify different periods for different works or steps. (2) Where different periods apply to different works or steps, references in this Act to the period for compliance with a scheduled monument enforcement notice, in relation to any works or step, are to the period within which the works are required to cease or the step is required to be taken. (3) The date specified in the notice under subsection (1)(a) must be at least 28 days after the date on which the notice is served. (4) A copy of a scheduled monument enforcement notice must be served— (a) on the owner, the lessee and the occupier of the monument to which it relates and of the land in, on or under which the monument is situated, (b) on any other person having an interest in the monument or land, being an interest which in the opinion of Historic Environment Scotland is materially affected by the notice. (5) Historic Environment Scotland may, at any time— (a) withdraw a scheduled monument enforcement notice (without prejudice to its power to issue another), or (b) waive or relax any requirement of such a notice and, in particular, extend the period for compliance. (6) Historic Environment Scotland must, immediately after exercising the powers conferred by subsection (5), give notice of the exercise to every person who has been served with a copy of the scheduled monument enforcement notice or would, if the notice were reissued, be served with a copy of it. (7) Historic Environment Scotland must— (a) publish by electronic means (as for example by means of the internet) a list containing particulars of any monument in respect of which a scheduled monument enforcement notice has been served, and (b) on request, provide a copy of a scheduled monument enforcement notice.

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9C Appeal against scheduled monument enforcement notice

(1) A person on whom a scheduled monument enforcement notice is served or any other person having an interest in the monument to which it relates or the land in, on or under which it is situated may, at any time before the date specified in the notice as the date on which it is to take effect, appeal to the Scottish Ministers on any of the grounds in subsection (2). (2) Those grounds are— (za) that the monument is not of national importance, (a) that the matters alleged to constitute a contravention of section 2(1) or (6) have not occurred, (b) that those matters (if they occurred) do not constitute such a contravention, (c) that— (i) works to the monument or land were urgently necessary in the interests of safety or health, (ii) it was not practicable to secure safety or health by works of repair or works for affording temporary support or shelter, and (iii) the works carried out were limited to the minimum measures immediately necessary, (ca) that scheduled monument consent ought to be granted for the works, or that any relevant condition of such consent which has been granted ought to be discharged, or different conditions substituted, (d) that copies of the notice were not served as required by section 9B(4), (da) except in relation to such a requirement as is mentioned in section 9A(3)(b) or (c), that the requirements of the notice exceed what is necessary for restoring the monument or land to its condition before the works were carried out, (e) that the period for compliance for any works or step falls short of what should reasonably be allowed. (f) that the steps required by the notice for the purpose of restoring the character of the monument or land to its former state would not serve that purpose, (g) that the cessation of any works required by the notice exceeds what is necessary to remedy the contravention of section 2(1) or (6), (h) that steps required to be taken by virtue of section 9A(3)(b) exceed what is necessary to alleviate the effect of the works executed to the monument or land, (i) that steps required to be taken by virtue of section 9A(3)(c) exceed what may reasonably be required to bring the monument or land to the state in which it would have been if the scheduled monument consent had been complied with. (2A) An appeal under this section is to be made by giving written notice of the appeal to the Scottish Ministers before the date specified in the scheduled monument enforcement notice as the date on which it is to take effect. (3) Where an appeal is brought under this section the notice is of no effect until the appeal is withdrawn or finally determined. (3A) A person who gives notice of appeal under this section must submit to the Scottish Ministers, either when giving the notice or within such time as may be prescribed, a statement in writing— (a) specifying the grounds on which the appeal is made, (b) giving such further information as may be prescribed. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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9CA Determination of appeals under section 9C

(1) On determining an appeal under section 9C, the Scottish Ministers may give directions for giving effect to the determination, including where appropriate directions for quashing the scheduled monument enforcement notice. (2) On such an appeal the Scottish Ministers may if they are satisfied that the correction or variation will not cause injustice to the appellant or to Historic Environment Scotland— (a) correct any defect, error or misdescription in the scheduled monument enforcement notice, or (b) vary the terms of the notice. (3) In a case where it would otherwise be a ground for determining the appeal in favour of the appellant that a person required by section 9B(4) to be served with a copy of the notice was not served, the Scottish Ministers may disregard that fact if they are satisfied that the person has not been substantially prejudiced by the failure. (4) The Scottish Ministers may— (a) dismiss such an appeal if the appellant fails to comply with section 9C(3A) within the prescribed time, (b) allow such an appeal or quash the scheduled monument enforcement notice if Historic Environment Scotland fails to comply within the prescribed period with any requirement imposed by regulations made by virtue of section 9CB(1). (5) On the determination of an appeal under section 9C the Scottish Ministers may— (a) grant scheduled monument consent for the works to which the scheduled monument enforcement notice relates, (b) discharge any condition subject to which such consent was granted and substitute any other condition, whether more or less onerous, or (c) direct Historic Environment Scotland to exercise its power under section 1(5) to modify the Schedule to give effect to that determination. (6) Any scheduled monument consent granted by the Scottish Ministers under subsection (5)(a) is to be treated as granted under section 2(3). (7) Except as provided for by section 55, the decision of the Scottish Ministers on an appeal under section 9C is final.

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9CB Procedure for appeals under section 9C

(1) The Scottish Ministers may by regulations make provision in connection with appeals under section 9C, including provision about the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal. (2) Regulations under subsection (1) may also make provision about the procedure to be followed, including— (a) the form, manner and time for making an appeal, (b) the notification of an appeal, (c) the manner in which an appeal is to be conducted. (3) Regulations made by virtue of subsection (2)(c) may also include provision that the manner in which an appeal, or any stage of an appeal, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard) is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act). (4) Schedule 1A (which makes provision about the determination of certain appeals by a person other than the Scottish Ministers) applies to appeals under section 9C.

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9D Execution of works required by scheduled monument enforcement notice

(1) If any steps specified in the scheduled monument enforcement notice have not been taken within the period for compliance with the notice, Historic Environment Scotland may— (a) enter on the land in, on or under which the scheduled monument is situated and take those steps, and (b) recover from the person who is then the owner or lessee of the monument or land any expenses reasonably incurred by it in doing so. (2) Where a scheduled monument enforcement notice has been served in respect of a monument— (a) any expenses incurred by the owner, lessee or occupier of a monument or the land in, on or under which it is situated for the purpose of complying with it, and (b) any sums paid by the owner or lessee of a monument or land under subsection (1) in respect of expenses incurred by Historic Environment Scotland in taking steps required by the notice , are to be treated as incurred or paid for the use and at the request of the person who carried out the works to which the notice relates. (3) If on a complaint by the owner of any scheduled monument or land it appears to the sheriff that the occupier of the monument or land is preventing the owner from carrying out work required to be carried out by a scheduled monument enforcement notice, the sheriff may by warrant authorise the owner to enter the land and carry out the work. (4) If Historic Environment Scotland takes steps under subsection (1) it may sell any materials removed by it from the monument or land unless those materials are claimed by the owner within 3 days of their removal. (5) After selling the materials Historic Environment Scotland must pay the proceeds to the owner less the expenses recoverable by it from the owner. (6) Where Historic Environment Scotland seeks , under subsection (1), to recover any expenses from a person on the basis that the person is the owner of the scheduled monument or land, and the person proves that— (a) the person is receiving the rent in respect of the monument or land merely as trustee, tutor, curator, factor or agent of some other person, and (b) the person has not, and since the date of the service of the demand for payment has not had, in the person's hands on behalf of that other person sufficient money to discharge the whole demand of Historic Environment Scotland , the person's liability is limited to the total amount of the money which the person has or has had in the person's hands on behalf of that other person. (7) If by reason of subsection (6) Historic Environment Scotland has not recovered the whole of any such expenses from a trustee, tutor, curator, factor or agent it may recover any unpaid balance from the person on whose behalf the rent is received. (8) Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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9E Offence where scheduled monument enforcement notice not complied with

(1) Where, after the end of the period for compliance with a scheduled monument enforcement notice, any works required by the notice to cease have not ceased or any step required by the notice has not been taken, the person who is for the time being owner of the scheduled monument or of the land in, on or under which it is situated is in breach of the notice. (2) If at any time the owner of the monument or land is in breach of a scheduled monument enforcement notice the owner is guilty of an offence. (3) An offence under this section may be charged by reference to any day or longer period of time. (4) A person may, in relation to the same scheduled monument enforcement notice, be convicted of more than one offence under this section by reference to different days or different periods. (5) In proceedings against any person for an offence under this section, it is a defence for the person to show that— (a) the person did everything the person could be expected to do to secure that all works required by the notice to cease were ceased or that all the steps required by the notice were taken, or (b) the person was not served with a copy of the notice and was not aware of its existence. (6) A person guilty of an offence under this section is liable— (a) on summary conviction, to a fine not exceeding £20,000, and (b) on conviction on indictment, to a fine. (7) In determining the amount of any fine to be imposed, the court is in particular to have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.

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9F Effect of scheduled monument consent on scheduled monument enforcement notice

(1) If, after the issue of a scheduled monument enforcement notice, consent is granted under section 2(3A)— (a) for the retention of any work to which the notice relates, or (b) permitting the retention of works without complying with some condition subject to which a previous scheduled monument consent was granted, the notice ceases to have effect in so far as such work is or such works are required by the notice to cease, or in so far as it requires steps to be taken involving the works not being retained or, as the case may be, for complying with that condition. (2) The fact that a scheduled monument enforcement notice has wholly or partly ceased to have effect under subsection (1) does not affect the liability of any person for an offence in respect of a previous failure to comply with it. Stop notices

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9FA Enforcement by the Scottish Ministers

(1) If it appears to the Scottish Ministers that it is expedient that a scheduled monument enforcement notice should be served in respect of any monument or land in, on or under which there is a scheduled monument, they may serve such a notice under section 9A. (2) A scheduled monument enforcement notice served by the Scottish Ministers has the same effect as if it had been served by Historic Environment Scotland. (3) The Scottish Ministers must not serve such a notice without consulting Historic Environment Scotland. (4) The provisions of this Act relating to scheduled monument enforcement notices apply, so far as relevant, to a scheduled monument enforcement notice served by the Scottish Ministers as they apply to a scheduled monument enforcement notice served by Historic Environment Scotland, but with the substitution for any reference to Historic Environment Scotland of a reference to the Scottish Ministers, and any other necessary modifications.

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9G Stop notices

(1) Subsection (2) applies where Historic Environment Scotland considers it expedient that any relevant works should cease before the expiry of the period for compliance with a scheduled monument enforcement notice. (2) Historic Environment Scotland may, when it serves the copy of the scheduled monument enforcement notice or afterwards, serve a notice (in this Act referred to as a “stop notice”) prohibiting the execution of the relevant works to the scheduled monument to which the enforcement notice relates, or to land in, on or under which the monument is situated, or to any part of the monument or land specified in the stop notice. (3) In this section and sections 9H and 9I, “relevant works” means any works specified in the scheduled monument enforcement notice as works which Historic Environment Scotland requires to cease and any works carried out as part of, or associated with, such works. (4) A stop notice may not be served if the scheduled monument enforcement notice has taken effect. (5) A stop notice must specify the date when it is to come into effect, and that date— (a) must not be earlier than 3 days after the date when the notice is served, unless Historic Environment Scotland considers that there are special reasons for specifying an earlier date and a statement of those reasons is served with the stop notice, and (b) must not be later than 28 days from the date when the notice is first served on any person. (6) A stop notice may be served by Historic Environment Scotland on any person who appears to it to have an interest in the monument or the land in, on or under which it is situated or who is executing, or causing to be executed, the relevant works specified in the scheduled monument enforcement notice. (7) Historic Environment Scotland may at any time withdraw a stop notice (without prejudice to its power to serve another) by notice which must be— (a) served on all persons who were served with the stop notice, and (b) publicised by displaying it for 7 days in place of all or any site notices (within the meaning of section 9H(3)).

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9H Stop notices: supplementary provisions

(1) A stop notice ceases to have effect when— (a) the scheduled monument enforcement notice to which it relates is withdrawn or quashed, (b) the period for compliance expires, or (c) notice of the withdrawal of the stop notice is served under section 9G(7), whichever occurs first. (2) Where a requirement of the scheduled monument enforcement notice to which a stop notice relates is waived or relaxed by virtue of section 9B(5) so that the scheduled monument enforcement notice no longer relates to any relevant works, the stop notice ceases to have effect in relation to those works. (3) Where a stop notice has been served in respect of a scheduled monument Historic Environment Scotland may publicise it by displaying on the land in, on or under which the monument is situated or on the monument (except where doing so might damage it) a notice (in this section and in sections 6 and 9J referred to as a “site notice”)— (a) stating that a stop notice has been served on a particular person or persons, (b) indicating its requirements, and (c) stating that any person contravening it may be prosecuted for an offence under section 9J. (4) A stop notice is not invalid by reason that a copy of the scheduled monument enforcement notice to which it relates was not served as required by section 9B if it is shown that Historic Environment Scotland took all such steps as were reasonably practicable to effect proper service.

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9HA Power of the Scottish Ministers to serve stop notice

(1) If it appears to the Scottish Ministers that it is expedient that a stop notice should be served in respect of any monument or land in, on or under which there is a scheduled monument, they may serve such a notice under section 9G. (2) A stop notice served by the Scottish Ministers has the same effect as if it had been served by Historic Environment Scotland. (3) The Scottish Ministers must not serve such a notice without consulting Historic Environment Scotland. (4) The provisions of this Act relating to stop notices apply, so far as relevant, to a stop notice served by the Scottish Ministers as they apply to a stop notice served by Historic Environment Scotland, but with the substitution for any reference to Historic Environment Scotland of a reference to the Scottish Ministers, and any other necessary modifications.

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9I Compensation for loss due to stop notice

(1) Where a stop notice ceases to have effect a person who, when the notice is first served, has an interest (whether as owner or occupier or otherwise) in the scheduled monument to which the notice relates or the land in, on or under which the monument is situated is entitled to be compensated by Historic Environment Scotland in respect of any loss or damage falling within subsection (2). (2) That is loss or damage directly attributable to— (a) the prohibition contained in the stop notice, or (b) in a case within subsection (3)(b), the prohibition of such of the works prohibited by the stop notice as cease to be relevant works. (3) For the purposes of this section, a stop notice ceases to have effect when— (a) the scheduled monument enforcement notice is quashed, (b) a requirement of the scheduled monument enforcement notice is waived or relaxed by virtue of section 9B(5) so that any works the execution of which are prohibited by the stop notice cease to be relevant works, (c) the scheduled monument enforcement notice is withdrawn by Historic Environment Scotland otherwise than in consequence of the grant by it of scheduled monument consent for the works to which the notice relates, or (d) the stop notice is withdrawn. (4) The loss or damage in respect of which compensation is payable under this section in respect of a prohibition includes any sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the prohibition. (5) No compensation is payable under this section— (a) in respect of the prohibition in a stop notice of any works which, at any time when the notice is in force, are such as to involve a contravention of section 2(1) or (6), or (b) in the case of a claimant who was required to provide information under section 57 (power to require information as to interests in land) in respect of any loss or damage suffered by the claimant which could have been avoided if the claimant had provided the information or had otherwise co-operated with Historic Environment Scotland when responding to the notice.

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9J Penalties for contravention of stop notice

(1) A person who contravenes a stop notice after a site notice has been displayed, or after the stop notice has been served on the person, is guilty of an offence. (2) Contravention of a stop notice includes causing or permitting its contravention. (3) An offence under this section may be charged by reference to any day or longer period of time. (4) A person may, in relation to the same stop notice, be convicted of more than one offence under this section by reference to different days or different periods. (5) It is a defence in any proceedings under this section that— (a) the stop notice was not served on the accused, and (b) the accused had no reasonable cause to believe that the works were prohibited by the stop notice. (6) A person guilty of an offence under this section is liable— (a) on summary conviction, to a fine not exceeding £20,000, and (b) on conviction on indictment, to a fine. (7) In determining the amount of the fine, the court is in particular to have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.

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9K Temporary stop notices

(1) Where it appears to Historic Environment Scotland that— (a) any works have been, or are being, executed to a scheduled monument or to land in, on or under which there is a scheduled monument, (b) the works are such as to involve a contravention of section 2(1) or (6), and (c) it is expedient that the works are (or any part of the works is) stopped immediately, it may, if it considers it expedient to do so having regard to the effect of the works on the character of the monument as one of national importance, issue a temporary stop notice. (2) The notice must be given in writing and must— (a) specify the works in question, (b) prohibit execution of the works (or so much of the works as is specified in the notice), and (c) set out Historic Environment Scotland's reasons for issuing the notice. (3) A temporary stop notice may be served on any of the following— (a) a person who appears to Historic Environment Scotland to be executing, or causing to be executed, the works, (b) a person who appears to Historic Environment Scotland to have an interest in the scheduled monument or the land in, on or under which the monument is situated (whether as owner or occupier or otherwise). (4) Historic Environment Scotland must display on the land in, on or under which the monument is situated or on the monument (except where doing so might damage it)— (a) a copy of the notice, and (b) a statement as to the effect of section 9M. (5) A temporary stop notice has effect from the time a copy of it is first displayed in pursuance of subsection (4). (6) A temporary stop notice ceases to have effect at the end of the period of 28 days starting on the day the copy notice is so displayed. (7) But if a shorter period starting on that day is specified in the notice, the notice instead ceases to have effect at the end of that shorter period. (8) And if the notice is withdrawn by Historic Environment Scotland before that period of 28 days (or, as the case may be, that shorter period) expires, the notice ceases to have effect on being so withdrawn.

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9L Temporary stop notices: restrictions

(1) A second or subsequent temporary stop notice must not be issued in respect of the same works unless Historic Environment Scotland has in the meantime taken some other enforcement action in relation to the contravention of section 2(1) or (6) which is constituted by the works. (2) In subsection (1), “enforcement action” includes obtaining the grant of an interdict under section 9O.

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9M Temporary stop notices: offences

(1) A person who contravenes a temporary stop notice— (a) which has been served on the person, or (b) a copy of which has been displayed in pursuance of section 9K(4), is guilty of an offence. (2) Contravention of a temporary stop notice includes causing or permitting its contravention. (3) An offence under this section may be charged by reference to a day or to a longer period of time. (4) A person may, in relation to the same temporary stop notice, be convicted of more than one offence under this section by reference to different days or different periods. (5) It is a defence in any proceedings under this section that— (a) the temporary stop notice was not served on the accused, and (b) the accused did not know, and could not reasonably have been expected to know, of its existence. (6) A person guilty of an offence under this section is liable— (a) on summary conviction, to a fine not exceeding £20,000, (b) on conviction on indictment, to a fine. (7) In determining the amount of the fine, the court is in particular to have regard to any financial benefit which has accrued or appears likely to accrue to the convicted person in consequence of the execution of the works which constituted the offence.

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9N Temporary stop notices: compensation

(1) A person who, at the date on which a temporary stop notice is first displayed in pursuance of section 9K(4), has an interest (whether as owner or occupier or otherwise) in the scheduled monument to which the notice relates or the land in, on or under which the monument is situated is entitled to be compensated by Historic Environment Scotland in respect of any loss or damage directly attributable to the prohibition effected by that notice. (2) But subsection (1) applies only if the circumstances are as set out in one or both of the following paragraphs— (a) the works specified in the notice are authorised by scheduled monument consent granted on or before the date mentioned in that subsection, (b) Historic Environment Scotland withdraws the notice other than following such grant of scheduled monument consent as is mentioned in paragraph (a). (3) Subsections (4) and (5) of section 9I apply to compensation payable under this section as they apply to compensation payable under that section; and for the purpose of that application references in subsection (5) of that section to a stop notice are to be taken to be references to a temporary stop notice.

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9O Interdicts restraining unauthorised works on scheduled monuments

(1) Whether or not Historic Environment Scotland has exercised or proposes to exercise any of its other powers under this Act, it may seek to restrain or prevent any actual or apprehended breach of any of the controls provided by or under this Act on the execution of works affecting scheduled monuments by means of an application for interdict. (1A) Whether or not the Scottish Ministers have exercised or propose to exercise any of their powers under this Act, they may seek to restrain or prevent any actual or apprehended breach of any of the controls provided by or under this Act on the execution of works affecting scheduled monuments by means of an application for interdict. (2) On an application under subsection (1) or (1A) the court may grant such interdict as it thinks appropriate for the purpose of restraining or preventing the breach. (3) In this section “the court” means the Court of Session or the sheriff.

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10 Compulsory acquisition of ancient monuments.

(1) The Secretary of State may acquire compulsorily any ancient monument for the purpose of securing its preservation ; but, where the monument in question is situated in England, he shall consult with the Commission before making a compulsory purchase order. (2) The Acquisition of Land Act 1981 shall apply to any compulsory acquisition by the Secretary of State under this section of an ancient monument situated in England and Wales . . . (3) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to any compulsory 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 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.

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11 Acquisition by agreement or gift of ancient monuments.

(1) The Secretary of State may acquire by agreement any ancient monument but, where the monument in question is situated in England, he shall consult with the Commission before doing so. (1A) With the consent of the Secretary of State, the Commission may acquire by agreement any ancient monument situated in England. (2) Any local authority may acquire by agreement any ancient monument situated in or in the vicinity 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 ; but, where the monument in question is situated in England, the Secretary of State shall consult with the Commission before accepting (3A) With the consent of the Secretary of State, the Commission may accept a gift (whether by deed or will) of any ancient monument situated in England. (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 and Wales. (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 6 and 70 to 78 of the Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as 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 (c) sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845.

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12 Power to place ancient monument under guardianship.

(1) Subject to subsection (4) below, a person who has— (a) an interest of any description mentioned in subsection (3) below in an ancient monument situated in England and Wales; or (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. Where the monument in question is situated in England, the Secretary of State shall consult with the Commission before he so consents. (1A) Subject to subsection (4) below, a person who has an interest of any description mentioned in subsection (3) below in an ancient monument situated in England may, with the consent of the Commission, given after obtaining the consent of the Secretary of State, constitute the Commission 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 and Wales which qualify a person to establish guardianship of the monument under subsection (1) or (1A) 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 including his own), under any existing or future trust of land under which the estate or interest for the time being subject to the trust falls within paragraph (a) or (b) above. (4) A person who is not the occupier of an ancient monument may not establish guardianship of the monument under this section unless the occupier is also a party to the deed executed for the purposes of subsection (1) (1A) or (2) above. (5) Any person who has an interest in an ancient monument may be a party to any such deed in addition to the person establishing the guardianship of the monument and (where the latter is not the occupier) the occupier. (6) In relation to any monument of which the Secretary of State or the Commission or any local authority have been constituted the guardians under this Act, references below in this Act to the guardianship deed are references to the deed executed for the purposes of subsection (1) or (1A) or (2) above (as the case may be) (7) A guardianship deed relating to any ancient monument situated in England and Wales shall be a local land charge. (8) A guardianship deed relating to any ancient monument situated in Scotland may be recorded in the Register of Sasines. (9) Every person deriving title to any ancient monument from, through or under any person who has executed a guardianship deed shall be bound by the guardianship deed unless— (a) in the case of a monument in England and Wales, he derives title by virtue of any disposition made by the person who executed the deed before the date of the deed; or (b) in the case of a monument in Scotland, he is a person who in good faith and for value acquired right (whether completed by infeftment or not) to his interest in the monument before the date of the deed. (10) The Secretary of State or the Commission or a local authority shall not consent to become guardians of any structure which is occupied as a dwelling house by any person other than a person employed as the caretaker thereof or his family. (11) Except as provided by this Act, any person who has any estate or interest in a monument under guardianship shall have the same right and title to, and estate or interest in, the monument in all respects as if the Secretary of State or the Commission or the local authority in question (as the case may be) had not become guardians of the monument.

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13 Effect of guardianship.

(1) The Secretary of State and the Commission and any local authority shall be under a duty to maintain any monument which is under their guardianship by virtue of this Act. (2) The Secretary of State and the Commission and any local authority shall have full control and management of any monument which is under their guardianship by virtue of this Act. (2A) The power conferred by subsection (2) above includes power— (a) to control the holding of events in or on the monument; (b) to control and manage such events; (c) to require payment of a charge in respect of the holding of such events; (d) to exclude, restrict or otherwise control public access to the monument in connection with such events. (3) With a view to fulfilling their duty under subsection (1) above to maintain a monument of which they are the guardians, the Secretary of State or the Commission or any local authority shall have power to do all such things as may be necessary for the maintenance of the monument and for the exercise by them of proper control and management with respect to the monument. (4) Without prejudice to the generality of the preceding provisions of this section, the Secretary of State or the Commission or any local authority shall have power— (a) to make any examination of a monument which is under their guardianship by virtue of this Act; (b) to open up any such monument or make excavations therein for the purpose of examination or otherwise; and (c) to remove the whole or any part of any such monument to another place for the purpose of preserving it. (5) The Secretary of State or the Commission or any local authority may at any reasonable time enter the site of a monument which is under their guardianship by virtue of this Act for the purpose of exercising any of their powers under this section in relation to the monument (and may authorise any other person to exercise any of those powers on their behalf). (6) Subsections (2) to (4) above are subject to any provision to the contrary in the guardianship deed. (7) In this Part of this Act “maintenance” includes fencing, repairing, and covering in, of a monument and the doing of any other act or thing which may be required for the purpose of repairing the monument or protecting it from decay or injury, and “maintain” shall be construed accordingly. (8) In subsection (2A) above— (a) “events” includes functions and any other organised activities; (b) references to the holding of events, in relation to organised activities, are to be construed as references to the carrying out of such activities.

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14 Termination of guardianship.

(1) Subject to the following provisions of this section, where the Secretary of State or the Commission or a local authority have become guardians of any monument under this Act, they may by agreement made with the persons who are for the time being immediately affected by the operation of the guardianship deed— (a) exclude any part of the monument from guardianship; or (b) renounce guardianship of the monument; but except as provided above the monument shall remain under guardianship (unless it is acquired by its guardians) until an occupier of the monument who is entitled to terminate the guardianship gives notice in writing to that effect to the guardians of the monument. An occupier of a monument is entitled to terminate the guardianship of the monument if— (a) he has any interest in the monument which would qualify him to establish guardianship of the monument under section 12 of this Act; and (b) he is not bound by the guardianship deed. (2) A local authority shall consult with the Secretary of State before entering into any agreement under this section. Where the monument in question is situated in England, the Secretary of State shall consult with the Commission before entering into any such agreement. The Commission shall consult with the Secretary of State before entering into any such agreement. (3) Neither the Secretary of State nor the Commission nor a local authority may enter into any such agreement unless he or they are satisfied with respect to the part of the monument or (as the case may be) with respect to the whole of the monument in question— (a) that satisfactory arrangements have been made for ensuring its preservation after termination of the guardianship; or (b) that it is no longer practicable to preserve it (whether because of the cost of preserving it or otherwise). (4) An agreement under this section must be made under seal in the case of a monument situated in England and Wales. (5) Where in the case of a monument situated in Scotland the guardianship deed has been recorded in the Register of Sasines in accordance with section 12 of this Act an agreement under this section relating to that monument may also be so recorded.

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15 Acquisition and guardianship of land in the vicinity of an ancient monument.

(1) References in sections 10 to 12 of this Act to an ancient monument shall include references to any land adjoining or in the vicinity of an ancient monument which appears to the Secretary of State or the Commission or a local authority to be reasonably required for any of the following purposes, that is to say— (a) the maintenance of the monument or its amenities; (b) providing or facilitating access to the monument; (c) the exercise of proper control or management with respect to the monument; (d) the storage of equipment or materials for the purpose mentioned in paragraph (a) above; and (e) the provision of facilities and services for the public for or in connection with affording public access to the monument; (and one of those purposes shall accordingly be sufficient to support the compulsory acquisition of any such land under section 10(1) of this Act, instead of the purpose there mentioned). Land may be acquired, or taken into guardianship, by the Commission by virtue of this section only if the land is situated in England. (2) Land may be acquired or taken into guardianship by virtue of this section for any of the purposes relating to an ancient monument mentioned in subsection (1) above either at the same time as the monument or subsequently. (3) The Secretary of State and the Commission and any local authority shall have full control and management of any land which is under their guardianship by virtue of this Act after being taken into guardianship by virtue of this section for a purpose relating to any ancient monument, and without prejudice to that generality shall have power to do all such things as may be necessary— (a) for the exercise by them of proper control and management with respect to the land; and (b) for the use of the land for any of the purposes relating to the monument mentioned in subsection (1) above. (3A) The power of full control and management of land under guardianship conferred by subsection (3) above includes power— (a) to control the holding of events on associated land; (b) to control and manage such events; (c) to require payment of a charge in respect of the holding of such events; (d) to exclude, restrict or otherwise control public access to associated land in connection with such events. (4) The Secretary of State and the Commission and any local authority may at any reasonable time enter any land which is under their guardianship by virtue of this Act for the purpose of exercising their power under subsection (3) above (and may authorise any other person to do so, and to exercise that power, on their behalf). (4A) Subsections (3), (3A) and (4) are subject to any provision to the contrary in the guardianship deed. (5) Section 14(1) and (2) of this Act shall apply in relation to any land taken into guardianship by virtue of this section for any purpose relating to an ancient monument as they apply in relation to a monument, but, apart from any termination of guardianship by virtue of that section, any such land shall also cease to be under guardianship if the monument in question ceases to be under guardianship otherwise than by virtue of being acquired by its guardians or ceases to exist. (6) References below in this Act, in relation to any monument of which the Secretary of State or the Commission or a local authority are the owners or guardians by virtue of this Act, to land associated with that monument (or to associated land) are references to any land acquired or taken into guardianship by virtue of this section for a purpose relating to that monument, or appropriated for any such purpose under a power conferred by any other enactment. (7) In subsection (3A) above— (a) “events” includes functions and any other organised activities; (b) references to the holding of events, in relation to organised activities, are to be construed as references to the carrying out of such activities.

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16 Acquisition of easements and other similar rights over land in the vicinity of an ancient monument.

(1) The Secretary of State may acquire, by agreement or compulsorily, over land adjoining or in the vicinity of any monument which is under his ownership by virtue of this Act, any easement which appears to him to be necessary— (a) for any of the purposes relating to that monument mentioned in section 15(1) of this Act; or (b) for the use of any land associated with that monument for any of those purposes. Where the land in question is situated in England, the Secretary of State shall consult with the Commission before entering into the agreement or making the compulsory purchase order (as the case may be). (1A) The Commission may by agreement acquire over land adjoining or in the vicinity of any monument which is under their ownership by virtue of this Act, any such easement as the Secretary of State may acquire by virtue of subsection (1) above. (2) A local authority may by agreement acquire over land adjoining or in the vicinity of any monument which is under their ownership by virtue of this Act any such easement as the Secretary of State may acquire by virtue of subsection (1) above. (3) The power of acquiring an easement under subsection (1) or (1A) or (2) above shall include power to acquire any such easement by the grant of a new right. (4) The Secretary of State or the Commission or any local authority may acquire, for the benefit of any monument or land under his or their guardianship by virtue of this Act, a right of any description which he or they would be authorised to acquire under any of the preceding provisions of this section if the monument or land was under his or their ownership by virtue of this Act, and those provisions shall apply accordingly in any such case. (5) Any right to which subsection (4) above applies— (a) shall be treated for the purposes of its acquisition under this section and in all other respects as if it were a legal easement; and (b) may be enforced by the guardians for the time being of the monument or land for whose benefit it was acquired as if they were the absolute owner in possession of that monument or land. (6) Any right to which subsection (4) above applies which is acquired by agreement under this section for a purpose relating to any monument under guardianship, or for the use of any land associated with any such monument for any purpose relating to that monument— (a) subject to any provision to the contrary in the agreement under which it was acquired, may be revoked by the grantor; and (b) may be revoked by any successor in title of the grantor as respects any of the land over which it is exercisable in which he has an interest; if the monument ceases to be under guardianship otherwise than by virtue of being acquired by its guardians or ceases to exist. (7) References above in this section to an easement or (as the case may be) to a legal easement shall be construed in relation to land in Scotland as references to a servitude. (8) Any right to which subsection (4) above applies— (a) shall be a local land charge, if it relates to land in England and Wales; and (b) may be recorded in the Register of Sasines, if it relates to land in Scotland. (9) The Acquisition of Land Act 1981 shall apply to any compulsory acquisition by the Secretary of State under this section of any easement over land in England and Wales . . . (10) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to any compulsory acquisition by the Secretary of State under this section of any servitude over land in Scotland as it applies to a compulsory acquisition by another Minister or by the Secretary of State under section 58 of the National Health Service (Scotland) Act 1972 in a case falling within section 1(1) of the said Act of 1947. (11) 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 by agreement under this section of any easement over land in England and Wales. (12) For the purposes of any acquisition by agreement under this section of any servitude over land in Scotland— (a) the Lands Clauses Acts (with the exception of the provisions excluded by subsection (13) below) and sections 6 and 70 to 78 of the Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as 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 servitude shall be deemed to be the promoter of the undertaking or company (as the case may require). (13) 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 (c) sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845.

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17 Agreements concerning ancient monuments and land in their vicinity.

(1) The Secretary of State may enter into an agreement under this section with the occupier of an ancient monument or of any land adjoining or in the vicinity of an ancient monument. (1A) The Commission may enter into an agreement under this section with the occupier of an ancient monument situated in England or of any land so situated which adjoins or is in the vicinity of an ancient monument so situated. (2) A local authority may enter into an agreement under this section with the occupier of any ancient monument situated in or in the vicinity of their area or with the occupier of any land adjoining or in the vicinity of any such ancient monument. (2A) Historic Environment Scotland may enter into an agreement under this section with the occupier of an ancient monument situated in Scotland or of any land so situated which adjoins or is in the vicinity of an ancient monument so situated. (3) Any person who has an interest in an ancient monument or in any land adjoining or in the vicinity of an ancient monument may be a party to an agreement under this section in addition to the occupier. (4) An agreement under this section may make provision for all or any of the following matters with respect to the monument or land in question, that is to say— (a) the maintenance and preservation of the monument and its amenities; (b) the carrying out of any such work, or the doing of any such other thing, in relation to the monument or land as may be specified in the agreement; (c) public access to the monument or land and the provision of facilities and information or other services for the use of the public in that connection; (d) restricting the use of the monument or land; (e) prohibiting in relation to the monument or land the doing of any such thing as may be specified in the agreement; and (f) the making by the Secretary of State or the Commission or the local authority or Historic Environment Scotland (as the case may be) of payments in such manner, of such amounts and on such terms as may be so specified (and whether for or towards the cost of any work provided for under the agreement or in consideration of any restriction, prohibition or obligation accepted by any other party thereto); and may contain such incidental and consequential provisions as appear to the Secretary of State or the Commission or the local authority or Historic Environment Scotland (as the case may be) to be necessary or expedient. (5) Where an agreement under this section expressly provides that the agreement as a whole or any restriction, prohibition or obligation arising thereunder is to be binding on the successors of any party to the agreement (but not otherwise), then, as respects any monument or land in England and Wales, every person deriving title to the monument or land in question from, through or under that party shall be bound by the agreement, or (as the case may be) by that restriction, prohibition or obligation, unless he derives title by virtue of any disposition made by that party before the date of the agreement. (6) An agreement under this section relating to any monument or land in Scotland and containing any such provision as is mentioned in subsection (5) above may be recorded in the Register of Sasines, and that subsection shall apply to any such agreement which is so recorded or (as the case may be) to any restriction, prohibition or obligation to which that provision relates. (7) Neither— (a) section 84 of the Law of Property Act 1925 (power of Lands Tribunal to discharge or modify restrictive covenants); nor (b) sections 1 and 2 of the Conveyancing and Feudal Reform (Scotland) Act 1970 (power of Lands Tribunal for Scotland to vary or discharge land obligations); shall apply to an agreement under this section. Section 84 of the Law of Property Act 1925 (c. 20) (power ... to discharge or modify restrictive covenant) shall not apply to an agreement under this section. (8) Nothing in any agreement under this section to which the Secretary of State is a party shall be construed as operating as a scheduled monument consent. (9) References to an ancient monument in subsection (1A) above, and in subsection (3) above so far as it applies for the purposes of subsection (1A), shall be construed as if the reference in section 61(12)( b ) of this Act to the Secretary of State were to the Commission. (9A) References to an ancient monument in subsection (2A), and in subsection (3) so far as it applies for the purposes of subsection (2A), are to be construed as if the reference in section 61(12)(b) of this Act to the Secretary of State were to Historic Environment Scotland. (10) References in this section to an ancient monument situated in England include any such monument situated in, on or under the seabed within the seaward limits of the United Kingdom territorial waters adjacent to England; and an order under section 33(10) of the National Heritage Act 1983 (orders determining limits of waters adjacent to England) applies for the purposes of this subsection as it applies for the purposes of section 33(9) of that Act.

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18 Powers of limited owners for purposes of sections 12, 16 and 17.

(1) Subject to section 12 of this Act, a person may establish guardianship of any land under subsection (1) or (1A) or (2) of that section or join in executing a guardianship deed for the purposes of that section notwithstanding that he is a limited owner of the land. (2) A person may— (a) grant any easement, servitude or other right over land which the Secretary of State or the Commission or any local authority are authorised to acquire under section 16 of this Act; or (b) enter into an agreement under section 17 of this Act with respect to any land; notwithstanding that he is a limited owner of the land. (3) For the purposes of this section— (a) a body corporate or corporation sole is a limited owner of any land in which it has an interest; and (b) any other persons are limited owners of land in which they have an interest only if they hold that interest in one or other of the capacities mentioned in subsection (4) below. (4) The capacities referred to in subsection (3)(b) above are the following— (a) as tenant for life or statutory owner within the meaning of the Settled Land Act 1925; (b) as trustees of land; (c) as liferenter or heir of entail in possession (in Scotland); and (d) as trustees for charities or as commissioners or trustees for ecclesiastical, collegiate or other public purposes. (5) The Trusts (Scotland) Act 1921 shall have effect as if among the powers conferred on trustees by section 4 of that Act (general powers of trustees) there were included a power to do any of the following acts in relation to the trust estate or any part of it, that is to say— (a) to execute a guardianship deed; (b) to grant any servitude or other right which the Secretary of State or any local authority are authorised to acquire under section 16 of this Act; and (c) to enter into an agreement under section 17 of this Act. (6) Subject to subsection (7) below, where a person who is a limited owner of any land by virtue of holding an interest in the land in any of the capacities mentioned in subsection (4) above executes a guardianship deed in relation to the land the guardianship deed shall bind every successive owner of any estate or interest in the land. (7) Where the land to which a guardianship deed relates is at the date of the deed subject to any incumbrance not capable of being overreached by the limited owner in exercise of any powers of sale or management conferred on him by law or under any settlement or other instrument, the deed shall not bind the incumbrancer. (8) Subject to subsection (9) below, where an agreement under section 17 of this Act to which a limited owner is a party expressly provides that the agreement as a whole or any restriction, prohibition or obligation arising thereunder is to be binding on his successors (but not otherwise), subsections (6) and (7) above shall apply to the agreement or (as the case may be) to the restriction, prohibition or obligation in question as they apply to a guardianship deed. (9) Subsection (8) above does not apply to an agreement relating to any land in Scotland unless it is recorded in the Register of Sasines.

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19 Public access to monuments under public control.

(1) Subject to sections 13(2A) and 15(3A) of this Act and to the following provisions of this section, the public shall have access to any monument under the ownership or guardianship of the Secretary of State or the Commission or any local authority by virtue of this Act. (2) The Secretary of State and the Commission and any local authority may nevertheless control the times of normal public access to any monument under their ownership or guardianship by virtue of this Act and may also, if they consider it necessary or expedient to do so in the interests of safety or for the maintenance or preservation of the monument, entirely exclude the public from access to any such monument or to any part of it, for such period as they think fit: Provided that— (a) the power of a local authority under this subsection to control the times of normal public access to any monument shall only be exercisable by regulations under this section; and (b) the power of a local authority under this subsection entirely to exclude the public from access to any monument with a view to its preservation shall only be exercisable with the consent of the Secretary of State. (3) The Secretary of State and any local authority may by regulations under this subsection regulate public access to any monument, or to all or any of the monuments, under their ownership or guardianship by virtue of this Act and any such regulations made by the Secretary of State may also apply to any monument, or to all or any of the monuments, under his control or management for any other reason. The Secretary of State shall consult with the Commission before he makes any regulations under this subsection in relation only to monuments situated in England. (4) Without prejudice to the generality of subsection (3) above, regulations made by the Secretary of State or a local authority under that subsection may prescribe the times when the public are to have access to monuments to which the regulations apply and may make such provision as appears to the Secretary of State or to the local authority in question to be necessary for— (a) the preservation of any such monument and its amenities or of any property of the Secretary of State or local authority; and (b) prohibiting or regulating any act or thing which would tend to injure or disfigure any such monument or its amenities or to disturb the public in their enjoyment of it; and may prescribe charges for the admission of the public to any such monument or to any class or description of monuments to which the regulations apply. (4A) The Secretary of State may by regulations under this section make such provision as appears to him necessary for prohibiting or regulating any act or thing which would tend to injure or disfigure any monument under the ownership or guardianship of the Commission by virtue of this Act or the monument’s amenities or to disturb the public in their enjoyment of it. (4B) The Secretary of State shall consult with the Commission before he makes any regulations under subsection (4A) above. (5) Without prejudice to subsections (3) and (4) above, the Secretary of State and the Commission and any local authority shall have power to make such charges as they may from time to time determine for the admission of the public to any monument under their ownership or guardianship by virtue of this Act or (in the case of the Secretary of State) to any monument otherwise under his control or management. (6) Notwithstanding subsection (1) above, any person authorised in that behalf by the Secretary of State or by the Commission or by a local authority may refuse admission— (a) to any monument under the ownership or guardianship of the Secretary of State or the Commission or that local authority (as the case may be) by virtue of this Act; or (b) (in the case of the Secretary of State) to any monument otherwise under his control or management; to any person he has reasonable cause to believe is likely to do anything which would tend to injure or disfigure the monument or its amenities or to disturb the public in their enjoyment of it. (7) If any person contravenes or fails to comply with any provision of any regulations under this section, he shall be liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding level 2 on the standard scale. (8) Regulations made by a local authority under this section shall not take effect unless they are submitted to and confirmed by the Secretary of State, and the Secretary of State may confirm any such regulations either with or without modifications. (9) In relation to any monument under guardianship, subsection (1) above is subject to any provision to the contrary in the guardianship deed.

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20 Provision of facilities for the public in connection with ancient monuments.

(1) The Secretary of State and the Commission and any local authority may provide such facilities and information or other services for the public for or in connection with affording public access— (a) to any monument under their ownership or guardianship by virtue of this Act; or (b) (in the case of the Secretary of State) to any monument otherwise under his control or management; as appear to them to be necessary or desirable. (2) Facilities and information or other services for the public may be provided under this section in or on the monument itself or on any land associated with the monument. (3) The Secretary of State and the Commission and any local authority shall have power to make such charges as they may from time to time determine for the use of any facility or service provided by them for the public under this section.

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21 Transfer of ancient monuments between local authorities and Secretary of State.

(1) Subject to subsection (2) below, the Secretary of State and the Commission and any local authority may, in respect of any monument of which they are the owners or guardians by virtue of this Act or any land associated with any such monument, enter into and carry into effect any agreements for the transfer— (a) from the Secretary of State to the local authority; (b) from the local authority to the Secretary of State; or (c) from the local authority to another local authority; or (d) from the Secretary of State to the Commission; or (e) from the Commission to the Secretary of State; or (f) from the Commission to the local authority; or (g) from the local authority to the Commission; of that monument or land or (as the case may be) of the guardianship of that monument or land. (2) Where the Secretary of State or the Commission or the local authority in question are guardians of a monument or associated land, they may not enter into an agreement under this section with respect to that monument or land without the consent of the persons who are for the time being immediately affected by the operation of the guardianship deed. (3) The Commission may not enter into an agreement under subsection (1) above in respect of a monument or land not situated in England. (4) The Secretary of State may not enter into an agreement mentioned in subsection (1)( a ) or ( b ) above in respect of a monument or land situated in England without consulting the Commission. (5) The Commission may not enter into an agreement mentioned in subsection (1)( f ) above without consulting the Secretary of State. (6) The Commission may not enter into an agreement mentioned in subsection (1)( g ) above without the consent of the Secretary of State.

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22 Ancient Monuments Boards.

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23 Annual reports of Ancient Monuments Boards.

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23A Local inquiries

(1) The Scottish Ministers may hold a local inquiry for the purposes of the exercise of any of their functions under this Part of this Act. (2) The Scottish Ministers must appoint a person to hold the inquiry and to report on it to them. (3) Subsections (4) to (13) of section 265 of the Town and Country Planning (Scotland) Act 1997 (c.8) apply to an inquiry held by virtue of subsection (1) as they apply to an inquiry held by virtue of subsection (1) of that section.

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23B Local inquiries: further provision

(1) The Scottish Ministers may by regulations make provision as to the procedure to be followed in connection with inquiries or hearings conducted under or by virtue of this Act. (2) Regulations under subsection (1) may in particular make provision— (a) about the notification of an inquiry or hearing, (b) about the manner in which an inquiry or hearing is to be conducted, (c) as to procedure in connection with matters preparatory to such inquiries or hearings and in connection with matters subsequent to them.

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24 Expenditure by Secretary of State or local authority on acquisition and preservation of ancient monuments, etc.

(1) Subject to subsection (3A) below the Secretary of State may defray or contribute towards the cost of the acquisition by any person of any ancient monument. (2) Subject to subsection (3A) below the Secretary of State may undertake, or assist in, or defray or contribute towards the cost of the removal of any ancient monument or of any part of any such monument to another place for the purpose of preserving it, and may at the request of the owner undertake, or assist in, or defray or contribute towards the cost of the preservation, maintenance and management of any ancient monument. (3) Subject to subsection (3A) below 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. (3A) As respects a monument situated in England, subsections (1) to (3) above shall apply as if “Commission” were substituted for “Secretary of State”. (3AA) The reference in subsection (3A) above to a monument situated in England includes any monument situated in, on or under the seabed within the seaward limits of the United Kingdom territorial waters adjacent to England; and an order under section 33(10) of the National Heritage Act 1983 (orders determining limits of waters adjacent to England) applies for the purposes of this subsection as it applies for the purposes of section 33(9) of that Act. (3B) References to an ancient monument in subsections (1) and (2) above, as amended by subsection (3A) above, shall be construed as if the reference in section 61(12)( b ) of this Act to the Secretary of State were to the Commission. (4) Any local authority may at the request of the owner undertake, or assist in, or defray or contribute 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 the Commission 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.

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25 Advice and superintendence by Secretary of State.

(1) Subject to subsection (3A) below the Secretary of State may give advice with reference to the treatment of any ancient monument. (2) Subject to subsection (3A) below the Secretary of State may also, if in his opinion it is advisable, superintend any work in connection with any ancient 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) Subject to subsection (3A) below the Secretary of State may make a charge for giving advice and superintendence under this section or may give it free of charge, as he thinks fit. (3A) As respects a monument situated in England, subsections (1) to (3) above shall apply as if “Commission” were substituted for “Secretary of State”, “their” for “his” (in each place) and “they think” for “he thinks”. (3B) References to an ancient monument in subsections (1) and (2) above, as amended by subsection (3A) above, shall be construed as if the reference in section 61(12)(b) of this Act to the Secretary of State were to the Commission.

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26 Power of entry on land believed to contain an ancient monument.

(1) A person duly authorised in writing by the Secretary of State may at any reasonable time enter any land in, on or under which the Secretary of State knows or has reason to believe there is an ancient monument for the purpose of inspecting the land (including any building or other structure on the 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 subsection (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. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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27 General provisions as to compensation for depreciation under Part I.

(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.

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