Paragraph 24 Scheduled monuments

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. para. 3(1)(c)(iv) words inserted by Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) 2005 reg. 2(e)(i)
Sch. para. 3(1)(c)(iv)(bb) words substituted by Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) 2005 reg. 2(e)(ii)
Sch. para. 13(5)(b) words substituted by Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) 2005 reg. 2(f)
Sch. para. 16(1)(a) word substituted by Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) 2005 reg. 2(g)

(1)

Subject to sub-paragraph (3), a farmer must not, without consent under section 2(3) of the Ancient Monuments and Archaeological Areas Act 1979^f1, execute any of the following works—

(a)

any works resulting in the demolition or destruction of or any damage to a scheduled monument;

(b)

any works for the purpose of removing or repairing a scheduled monument or any part of it;

(c)

any works for the purpose of making any alteration or addition to a scheduled monument or any part of it; and

(d)

any flooding or tipping operation on land in, on or under which there is a scheduled monument.

(2)

Subject to sub-paragraph (3), if a farmer executes any works to which a scheduled monument consent relates, he must comply with all conditions attached to that consent.

(3)

If a farmer can show that—

(a)

in relation to works prohibited by sub-paragraph (1)(a), he took all reasonable precautions an exercised all due diligence to avoid or prevent damage to the monument;

(b)

in relation to works prohibited by sub-paragraph (1)(a) or (c), he did not know and had no reason to believe that the monument was within the area affected by the works or, as the case may be, that it was a scheduled monument; and

(c)

in relation to works prohibited by sub-paragraph (1) or (2), the works were urgently necessary in the interests of safety or health and that notice in writing of the need for the works was given to the Secretary of State for Culture, Media and Sport as soon as reasonably practicable,

the execution of the works in question shall not be treated as a failure to comply with this paragraph.

(4)

In this paragraph, “scheduled monument” has the meaning given to it in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 and “scheduled monument consent” shall be construed in accordance with sections 2(3) and 3(5) of that Act.

Annotations

Footnotes

f1: 1979 c. 46.