Paragraph 3 E1

England and Wales

(1)

The Secretary of State may grant scheduled monument consent in respect of all or any part of the works to which an application for scheduled monument consent relates.

(2)

Before determining whether or not to grant scheduled monument consent on any application therefor, the Secretary of State shall either—

(a)

cause a public local inquiry to be held; or

(b)

afford to the applicant, and to any other person to whom it appears to the Secretary of State expedient to afford it, an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(3)

Before determining whether or not to grant scheduled monument consent on any application therefor the Secretary of State—

(a)

shall in every case consider any representations made by any person with respect to that application before the time when he considers his decision thereon (whether in consequence of any notice given to that person in accordance with any requirements of regulations made by virtue of paragraph 2 above or of any publicity given to the application by the Secretary of State, or otherwise); and

(b)

shall also, if any inquiry or hearing has been held in accordance with sub-paragraph (2) above, consider the report of the person who held it; F1and

(c)

shall, if the monument in question is situated in England, consult with the Commission.

(4)

The Secretary of State shall serve notice of his decision with respect to the application on the applicant and on every person who has made representations to him with respect to the application.

F2(5)

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Annotations

Textual amendments

F1: Sch. 1 para. 3(3)(c) inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 68(3)
F2: Sch. 1 para. 3(5) omitted (E.W.) (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 51(d) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

Extent

E1: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only