UKPGA 1979/46
What this means for your business
6
guides
- Applies to
- United Kingdom
- On this page
- 6 practical guides
Practical guidance
Our guides explain how to comply with the requirements above.
Heritage and nature considerations in Scottish planning
How Historic Environment Scotland and NatureScot interact with the Scottish planning system, including NPF4 heritage and nature policies, statutory consultation …
Apply for scheduled monument consent in Scotland
How to apply for scheduled monument consent (SMC) in Scotland. Covers when consent is needed, what class consents allow without …
Understanding heritage protection in Scotland
An overview of Scotland's heritage protection framework, covering the role of Historic Environment Scotland, the main designation types (scheduled monuments, …
Heritage offences and penalties in Scotland
Quick reference for criminal offences and penalties relating to unauthorised works to scheduled monuments, listed buildings, and conservation areas in …
Scottish heritage compliance checklist for construction
A pre-project checklist for construction businesses and developers working in Scotland to verify compliance with heritage protection requirements. Covers scheduled …
Archaeological assessment for development in Scotland
When archaeological assessment is required for development in Scotland, how to carry out desk-based assessment and evaluation, mitigation strategies including …
Sections and provisions
111 classified provisions from this legislation.
Duties 9
- s.1A Commission’s functions as to informing and publishing.
- s.1 Schedule of monuments. above
- s.9L Temporary stop notices: restrictions
- s.9N Temporary stop notices: compensation
- s.23A Local inquiries
- s.29 Compensation orders for damage to monuments under guardianship in England and Wales.
- s.32A Inventory of gardens and designed landscapes
- s.32B Inventory of battlefields
- s.47 General provisions with respect to claims for compensation under this Act.
Offences and penalties 16
- s.2 Control of works affecting scheduled monuments.
- s.9ZK Temporary stop notice: offence
- s.9M Temporary stop notices: offences
- s.9D Execution of works required by scheduled monument enforcement notice
- s.9J Penalties for contravention of stop notice
- s.9E Offence where scheduled monument enforcement notice not complied with
- s.19 Public access to monuments under public control.
- s.28 Offence of damaging certain ancient monuments.
- s.35 Notice required of operations in areas of archaeological importance.
- s.36 Certificate to accompany operations notice under section 35.
- s.42 Restrictions on use of metal detectors.
- s.44 Supplementary provisions with respect to powers of entry.
- s.57 Power to require information as to interests in land.
- s.58 Offences by corporations.
- s.59 Prosecution of offences: Scotland.
- Schedule 1 Control of Works Affecting Scheduled Monuments
Powers 33
- s.3 Grant of scheduled monument consent by order of the Secretary of State.
- s.5 Execution of works for preservation of a scheduled monument by Secretary of State in cases of urgency.
- s.6A Commission’s powers of entry in relation to scheduled monuments.
- s.6 Powers of entry for inspection of scheduled monuments, etc.
- s.9G Stop notices
- s.9O Interdicts restraining unauthorised works on scheduled monuments
- s.9K Temporary stop notices
- s.10 Compulsory acquisition of ancient monuments.
- s.11 Acquisition by agreement or gift of ancient monuments.
- s.14 Termination of guardianship.
- s.16 Acquisition of easements and other similar rights over land in the vicinity of an ancient monument.
- s.20 Provision of facilities for the public in connection with ancient monuments.
- s.21 Transfer of ancient monuments between local authorities and Secretary of State.
- s.23B Local inquiries: further provision
- s.24 Expenditure by Secretary of State or local authority on acquisition and preservation of ancient monuments, etc.
- s.25 Advice and superintendence by Secretary of State.
- s.26 Power of entry on land believed to contain an ancient monument.
- s.31 Voluntary contributions towards expenditure under Part I.
- s.33 Designation of areas of archaeological importance.
- s.34 Investigating authorities for areas of archaeological importance.
- ... and 13 more powers
Definitions 15
- s.7 Compensation for refusal of scheduled monument consent.
- s.9B Scheduled monument enforcement notices: further provisions
- s.9A Power to issue scheduled monument enforcement notice
- s.9I Compensation for loss due to stop notice
- s.9 Compensation where works affecting a scheduled monument cease to be authorised.
- s.12 Power to place ancient monument under guardianship.
- s.13 Effect of guardianship.
- s.15 Acquisition and guardianship of land in the vicinity of an ancient monument.
- s.32 Interpretation of Part I.
- s.41 Interpretation of Part II.
- s.50 Application to Crown land. Crown land Crown interest Duchy interest
- s.51 Ecclesiastical Property. ecclesiastical property
- s.53 Monuments in territorial waters.
- s.61 Interpretation. area of archaeological importance the Commission designation order
- s.62 Special provision for Scotland. occupier
Exemptions 8
- s.4 Duration, modification and revocation of scheduled monument consent.
- s.8 Recovery of compensation under section 7 on subsequent grant of consent.
- s.17 Agreements concerning ancient monuments and land in their vicinity.
- s.18 Powers of limited owners for purposes of sections 12, 16 and 17.
- s.30 Disposal of land acquired under Part I.
- s.37 Exemptions from offence under section 35.
- s.39 Power of investigating authority to investigate in advance of operations notice any site which may be acquired compulsorily.
- Schedule 3 Transitional Provisions