Explanatory note

Sections 33(9) and 33(10) of the National Heritage Act 1983, which were inserted by the National Heritage Act 2002, give the Historic Buildings and Monuments Commission for England (English Heritage) power to preserve and to promote the public’s enjoyment of ancient monuments which are in, on or under the sea bed, within the seaward limits of the United Kingdom territorial waters which are adjacent to England, such boundaries to be determined by the Secretary of State. The Order determines for the purposes of section 33(9) the boundaries between waters which are to be treated as internal waters or territorial sea of the United Kingdom adjacent to England and those which are not.