UK Act of Parliament 1979 c. 46 United Kingdom

Ancient Monuments and Archaeological Areas Act 1979

An Act to consolidate and amend the law relating to ancient monuments; to make provision for the investigation, preservation and recording of matters of archaeological or historical interest and (in connection therewith) for the regulation of operations or activities affecting such matters; to provide for the recovery of grants under …

Read the Act on legislation.gov.uk (opens in a new tab)
Enforced by
HES, Cadw
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 7 of 22 obligations carry an unlimited fine. 6 carry different penalties and 9 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person11 Director or Officer1 Occupier1

Plus 9 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Director or Officer — also bound by 429 other Acts
Companies Act 2006 126 duties
Occupier — also bound by 235 other Acts
Highways Act 1980 23 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Inventories of gardens and designed landscapes and of battlefields

2 of 2 sections shown
s.032 Inventory of gardens and designed landscapes Regulated
Other duties (1) — Crown / regulator
  • Historic Environment Scotland must maintain an inventory of gardensStatutory regulator
s.032 Inventory of battlefields Regulated
Other duties (1) — Crown / regulator
  • Historic Environment Scotland must maintain an inventory of battlefieldsStatutory regulator
Part 1

Ancient Monuments

13 of 83 sections shown
s.001 Schedule of monuments. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must maintain and notify owners of scheduled monumentsCrown / Minister / Government department
s.001 Commission’s functions as to informing and publishing. Regulated
Other duties (1) — Crown / regulator
  • Historical Commissions must notify owners of monument scheduling changesStatutory regulator
s.002 Control of works affecting scheduled monuments. (opens in a new tab) Prosecution
  • Carry out unauthorised work on a scheduled monumentAny Person

Unlimited fine

s.009 Execution of works required by scheduled monument enforcement notice Prosecution
  • Obstructing officials during enforcement works at a scheduled monumentAny Person

Fine up to £1,000

s.009 Offence where scheduled monument enforcement notice not complied with Prosecution
  • Fail to comply with a scheduled monument enforcement noticeAny Person

Unlimited fine

s.009 Penalties for contravention of stop notice Prosecution
  • Fail to comply with a stop noticeAny Person

Unlimited fine

s.009 Temporary stop notices: restrictions Regulated
Other duties (1) — Crown / regulator
  • Historic Environment Scotland must restrict the use of repeat stop noticesStatutory regulator
s.009 Temporary stop notices: offences Prosecution
  • Breach a temporary stop notice for a scheduled monumentAny Person

Unlimited fine

s.009 Temporary stop notices: compensation Regulated
Other duties (1) — Crown / regulator
  • Historic Environment Scotland must compensate for stop notice lossesStatutory regulator
s.019 Public access to monuments under public control. (opens in a new tab) Prosecution
  • Breach of public access regulations at ancient monumentsAny Person

Fine up to £500

s.023 Local inquiries Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers may hold local inquiries regarding ancient monumentsCrown / Minister / Government department
s.028 Offence of damaging certain ancient monuments. (opens in a new tab) Imprisonment
  • Damage or destroy a protected monumentAny Person
s.029 Compensation orders for damage to monuments under guardianship in England and Wales. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Courts must award compensation for monument damage to the relevant authorityTribunal / Court
70 other sections in this Part — procedural and definitional
s.003 Grant of scheduled monument consent by order of the Secretary of State. (opens in a new tab)
s.004 Duration, modification and revocation of scheduled monument consent. (opens in a new tab)
s.005 Execution of works for preservation of a scheduled monument by Secretary of State in cases of urgency. (opens in a new tab)
s.006 Powers of entry for inspection of scheduled monuments, etc. (opens in a new tab)
s.006 Commission’s powers of entry in relation to scheduled monuments.
s.007 Compensation for refusal of scheduled monument consent. (opens in a new tab)
s.008 Recovery of compensation under section 7 on subsequent grant of consent. (opens in a new tab)
s.009 Compensation where works affecting a scheduled monument cease to be authorised. (opens in a new tab)
s.009 Power to issue scheduled monument enforcement notice
s.009 Scheduled monument enforcement notices: further provisions
s.009 Appeal against scheduled monument enforcement notice
s.009 Effect of scheduled monument consent on scheduled monument enforcement notice
s.009 Stop notices
s.009 Stop notices: supplementary provisions
s.009 Compensation for loss due to stop notice
s.009 Temporary stop notices
s.009 Interdicts restraining unauthorised works on scheduled monuments
s.009 Heritage partnership agreement
s.009 Heritage partnership agreement: supplemental
s.009 Scheduled monument enforcement notice
s.009 Scheduled monument enforcement notice: supplementary provision
s.009 Scheduled monument enforcement notice: appeal
s.009 Scheduled monument enforcement notice: power of entry
s.009 Failure to comply with scheduled monument enforcement notice
s.009 Effect of scheduled monument consent on notice
s.009 Temporary stop notice
s.009 Temporary stop notice: power of entry
s.009 Temporary stop notice: offence
s.009 Temporary stop notice: compensation
s.009 Injunctions
s.010 Compulsory acquisition of ancient monuments. (opens in a new tab)
s.011 Acquisition by agreement or gift of ancient monuments. (opens in a new tab)
s.012 Power to place ancient monument under guardianship. (opens in a new tab)
s.013 Effect of guardianship. (opens in a new tab)
s.014 Termination of guardianship. (opens in a new tab)
s.015 Acquisition and guardianship of land in the vicinity of an ancient monument. (opens in a new tab)
s.016 Acquisition of easements and other similar rights over land in the vicinity of an ancient monument. (opens in a new tab)
s.017 Agreements concerning ancient monuments and land in their vicinity. (opens in a new tab)
s.018 Powers of limited owners for purposes of sections 12, 16 and 17. (opens in a new tab)
s.020 Provision of facilities for the public in connection with ancient monuments. (opens in a new tab)
s.021 Transfer of ancient monuments between local authorities and Secretary of State. (opens in a new tab)
s.022 Ancient Monuments Boards. (opens in a new tab)
s.023 Annual reports of Ancient Monuments Boards. (opens in a new tab)
s.023 Local inquiries: further provision
s.024 Expenditure by Secretary of State or local authority on acquisition and preservation of ancient monuments, etc. (opens in a new tab)
s.025 Advice and superintendence by Secretary of State. (opens in a new tab)
s.026 Power of entry on land believed to contain an ancient monument. (opens in a new tab)
s.027 General provisions as to compensation for depreciation under Part I. (opens in a new tab)
s.030 Disposal of land acquired under Part I. (opens in a new tab)
s.031 Voluntary contributions towards expenditure under Part I. (opens in a new tab)
s.032 Interpretation of Part I. (opens in a new tab)
s.part i/paragraph/1aa Duty to consult on certain amendments relating to the Schedule
s.part i/paragraph/1ab Interim protection pending decisions on certain amendments relating to the Schedule
s.part i/paragraph/1ac Provisions applicable on lapse of interim protection
s.part i/paragraph/1ad Compensation for loss or damage caused by interim protection
s.part i/paragraph/1ae Review of decisions on certain amendments relating to the Schedule
s.part i/paragraph/1b Publication of the Schedule
s.part i/paragraph/1d Determination of appeals under section 1C
s.part i/paragraph/1e Procedure for appeals under section 1C
s.part i/paragraph/3a Application for variation or discharge of conditions
s.part i/paragraph/3b Referral of certain applications to the Scottish Ministers
s.part i/paragraph/3c Procedure for referrals under section 3B
s.part i/paragraph/4a Modification and revocation of scheduled monument consent by Scottish Ministers
s.part i/paragraph/4b Appeal in relation to scheduled monument consent
s.part i/paragraph/4c Determination of appeals under section 4B
s.part i/paragraph/4d Procedure for appeals under section 4B
s.part i/paragraph/9ca Determination of appeals under section 9C
s.part i/paragraph/9cb Procedure for appeals under section 9C
s.part i/paragraph/9fa Enforcement by the Scottish Ministers
s.part i/paragraph/9ha Power of the Scottish Ministers to serve stop notice
Part 2

Archaeological Areas

1 of 9 sections shown
s.035 Notice required of operations in areas of archaeological importance. (opens in a new tab) Prosecution
  • Carry out groundworks in archaeological areas without noticeAny Person

Unlimited fine

8 other sections in this Part — procedural and definitional
s.033 Designation of areas of archaeological importance. (opens in a new tab)
s.034 Investigating authorities for areas of archaeological importance. (opens in a new tab)
s.036 Certificate to accompany operations notice under section 35. (opens in a new tab)
s.037 Exemptions from offence under section 35. (opens in a new tab)
s.038 Powers of investigating authority to enter and excavate site of operations covered by an operations notice. (opens in a new tab)
s.039 Power of investigating authority to investigate in advance of operations notice any site which may be acquired compulsorily. (opens in a new tab)
s.040 Other powers of entry on site of operations covered by an operations notice. (opens in a new tab)
s.041 Interpretation of Part II. (opens in a new tab)
Part 3

Miscellaneous and Supplemental

5 of 27 sections shown
s.042 Restrictions on use of metal detectors. (opens in a new tab) Prosecution
  • Unauthorised use of metal detectors on protected sitesAny Person

Unlimited fine

s.044 Supplementary provisions with respect to powers of entry. (opens in a new tab) Prosecution
  • Intentionally obstruct a person exercising powers of entryAny Person

Fine up to £1,000

s.047 General provisions with respect to claims for compensation under this Act. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Tribunal must determine compensation disputesTribunal / Court
s.057 Power to require information as to interests in land. (opens in a new tab) Prosecution
  • Fail to provide information on land interestsOccupier

Unlimited fine

s.058 Offences by corporations. (opens in a new tab) Imprisonment
  • Director and officer liability for corporate offencesDirector or Officer
22 other sections in this Part — procedural and definitional
s.041 Register of historic parks and gardens in Wales
s.043 Power of entry for survey and valuation. (opens in a new tab)
s.045 Expenditure on archaeological investigation. (opens in a new tab)
s.045 Development and understanding of matters of historic, etc. interest: grants and loans
s.046 Compensation for damage caused by exercise of certain powers under this Act. (opens in a new tab)
s.048 Recovery of grants for expenditure in conservation areas and on historic buildings. (opens in a new tab)
s.049 Grants to the Architectural Heritage Fund. (opens in a new tab)
s.050 Application to Crown land. (opens in a new tab)
s.051 Ecclesiastical Property. (opens in a new tab)
s.052 Application to the Isles of Scilly. (opens in a new tab)
s.052 The Broads.
s.053 Monuments in territorial waters. (opens in a new tab)
s.054 Treatment and preservation of finds. (opens in a new tab)
s.055 Proceedings for questioning validity of certain orders, etc. (opens in a new tab)
s.056 Service of documents. (opens in a new tab)
s.059 Prosecution of offences: Scotland. (opens in a new tab)
s.060 Regulations and orders. (opens in a new tab)
s.061 Interpretation. (opens in a new tab)
s.062 Special provision for Scotland. (opens in a new tab)
s.063 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. (opens in a new tab)
s.064 Transitional provisions, consequential amendments and repeals. (opens in a new tab)
s.065 Short title, commencement and extent. (opens in a new tab)
Schedules

Schedules

1 of 90 shown
s.sch001 Control of Works Affecting Scheduled Monuments (opens in a new tab) Prosecution
  • Provide false information in a scheduled monument consent applicationAny Person

Fine up to £1,000

89 other schedules
s.sch001 (1) Provision may be made by regulations under this Act...
s.sch001 (1) Except as provided for in paragraph 11, an order...
s.sch001 (1) Where sub-paragraph (2) applies, Historic Environment Scotland—
s.sch001 (1) The Secretary of State may refuse to entertain an...
s.sch001 As soon as practicable after receiving an application for scheduled...
s.sch001 (1) The Welsh Ministers may refuse to entertain an application...
s.sch001 (1) If Historic Environment Scotland, on an application to it...
s.sch001 The Scottish Ministers may give directions to Historic Environment Scotland...
s.sch001 (1) The Secretary of State may grant scheduled monument consent...
s.sch001 (1) This paragraph applies to applications for scheduled monument consent...
s.sch001 (1) Subsections (2) to (5) of section 250 of the...
s.sch001 (1) Before giving a direction under section 4 of this...
s.sch001 (1) If no objection to a proposed modification or revocation...
s.sch001 As soon as may be after giving a direction under...
s.sch001 (1) Where in accordance with sub-paragraph (3) of paragraph 5...
s.sch001 (1) Subject to sub-paragraph (2) below, subsections (2) to (5)...
s.sch001a DETERMINATION OF CERTAIN APPEALS BY PERSON APPOINTED BY THE SCOTTISH MINISTERS
s.sch001a (1) The Scottish Ministers may by regulations prescribe classes of...
s.sch001a (1) An appointed person is to have the same powers...
s.sch001a (1) The Scottish Ministers may, if they think fit, direct...
s.sch001a (1) The Scottish Ministers may by a further direction revoke...
s.sch001a (1) At any time before the appointed person has determined...
s.sch001a (1) Whether or not the parties to an appeal have...
s.sch001a The functions of determining an appeal and doing anything in...
s.sch002 Designation Orders (opens in a new tab)
s.sch002 (1) A designation order made by the Secretary of State...
s.sch002 (1) The consultation required by sub-paragraph (a) of paragraph 9...
s.sch002 Copies of the draft order and of the map to...
s.sch002 The local authority may make the order, either without modifications...
s.sch002 A designation order made by a local authority shall not...
s.sch002 If the Secretary of State confirms the order the local...
s.sch002 The Secretary of State may by regulations prescribe the procedure...
s.sch002 Paragraphs 8, 9, 10 to 13, 14( a ) and...
s.sch002 (1) A designation order made by the Secretary of State...
s.sch002 (1) An order varying or revoking a designation order shall...
s.sch002 Before and on making an order varying or revoking a...
s.sch002 In relation to a designation order relating to an area...
s.sch002 Before making a designation order the Secretary of State shall—...
s.sch002 (1) In this Schedule “the area affected” means, in relation...
s.sch002 (1) The consultations required by sub-paragraphs (a)(aa) of paragraph 2...
s.sch002 Copies of the draft order and of the map to...
s.sch002 Copies of the draft order and of the map to...
s.sch002 The Secretary of State may make the order, either without...
s.sch002 On making the order, the Secretary of State shall—
s.sch002 (1) A designation order made by a local authority shall...
s.sch002 Before making a designation order a local authority shall—
s.sch002 Before making a designation order a local authority shall notify...
s.sch003 Transitional Provisions (opens in a new tab)
s.sch003 (1) Where an interim preservation notice is in force with...
s.sch003 In this Schedule— “interim preservation notice” means a notice served...
s.sch003 (1) Subject to sub-paragraph (2) below, where a guardianship order...
s.sch003 (1) Where within the period of three months immediately preceding...
s.sch003 (1) Subject to the following provisions of this paragraph, where...
s.sch003 (1) Subject to sub-paragraph (2) below, where—
s.sch003 (1) Section 13(2) of this Act shall not apply to...
s.sch003 Notwithstanding the repeal by this Act of the Field Monuments...
s.sch003 Any reference in any document (including an enactment) to an...
s.sch003 Nothing in the preceding provisions of this Schedule shall be...
s.sch004 Consequential amendments (opens in a new tab)
s.sch004 . . . . . . . . . ....
s.sch004 . . . . . . . . . ....
s.sch004 . . . . . . . . . ....
s.sch004 . . . . . . . . . ....
s.sch004 In section 131(2) of the Local Government Act 1972 (general...
s.sch004 In section 182(1) of the Local Government (Scotland) Act 1973...
s.sch004 . . . . . . . . . ....
s.sch004 . . . . . . . . . ....
s.sch004 In section 47(d) of the Coast Protection Act 1949 (saving...
s.sch004 (1) In sections 5(2)(b) and 8(1)(c) of the Historic Buildings...
s.sch004 . . . . . . . . . ....
s.sch004 In section 6(4)(b) of the Land Powers (Defence) Act 1958...
s.sch004 . . . . . . . . . ....
s.sch004 In section 3(3)(a) of the Flood Prevention (Scotland) Act 1961...
s.sch004 In section 2(5) of the Faculty Jurisdiction Measure 1964 (limit...
s.sch004 In section 7(8) of the Mines (Working Facilities and Support)...
s.sch005 Enactments Repealed (opens in a new tab)
s.schedule a1 para.1 This Schedule applies where interim protection ceases to have effect...
s.schedule a1 para.2 The fact that the interim protection has ceased to have...
s.schedule a1 para.3 Any proceedings on or arising out of an application for...
s.schedule a1 para.4 (1) Any scheduled monument enforcement notice served by the Welsh...
s.schedule a1 para.5 Any temporary stop notice served by the Welsh Ministers with...
s.schedule a1 para.6 Any proceedings on an application made by the Welsh Ministers...
s.schedule a2 para.1 (1) The Welsh Ministers may by regulations prescribe the classes...
s.schedule a2 para.2 (1) An appointed person has the same powers and duties...
s.schedule a2 para.3 (1) At any time before an appointed person has made...
s.schedule a2 para.4 (1) An appointed person may appoint an assessor to provide...
s.schedule a2 para.5 (1) The Welsh Ministers may direct that anything that would...
s.schedule a2 para.6 (1) An appointed person may delegate to another person anything...
s.schedule a2 para.7 Where an appointed person is a member of the staff...
3 other provisions
s.decisions on reviews by person appointed by welsh DECISIONS ON REVIEWS BY PERSON APPOINTED BY WELSH MINISTERS
s.lapse of interim protection LAPSE OF INTERIM PROTECTION
s.part i Appeal against inclusion etc. in Schedule of monuments

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Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.