Section 25 Advice and superintendence by Secretary of State.E1
England and Wales
F1Subject to subsection (3A) below the Secretary of State may give advice with reference to the treatment of any ancient monument.
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.
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.
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”.
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.
Annotations
Textual amendments
- F1
Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 49(2)(4)(5)
- F2
S. 25(3A)(3B) inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 49(3)–(5)
Modifications
- C1
S. 25(2) restricted (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 4(8)(a)
- C2
S. 25(2) restricted (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 9 para. 4(8)(a)
- C3
S. 25(2) restricted (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 19 para. 1(8)(a)
- C4
S. 25(2) restricted (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 19 para. 1(8)(a)
- C5
S. 25(3) excluded (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 4(8)(b)
- C6
S. 25(3) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 9 para. 4(8)(b)
- C7
S. 25(3) excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 19 para. 1(8)(b)
- C8
S. 25(3) excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 19 para. 1(8)(b)
Extent
- E1
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Notes on Part I
Modifications
- C1
Pt. I (ss. 1-32) extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para.10(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)