PART 2MONUMENTS OF SPECIAL HISTORIC INTEREST

CHAPTER 3CONTROL OF WORKS AFFECTING SCHEDULED MONUMENTS

Authorisation of works

I111Requirement for works to be authorised

1

A person must not carry out works to which this section applies, or cause or permit such works to be carried out, unless the works are authorised under this Chapter.

2

This section applies to—

a

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

b

works for the purpose of removing or repairing a scheduled monument or any part of it, or of making any alterations or additions to the monument or any part of it;

c

flooding or tipping operations on land in, on or under which a scheduled monument is situated.

Annotations:
Commencement Information
I1

S. 11 not in force at Royal Assent, see s. 212(2)

I212Authorisation of classes of works

1

Works to which section 11 applies are authorised if the works are within a class of works described in the table in Schedule 3.

2

An authorisation under subsection (1) is subject to any exceptions or conditions specified in the table in relation to works of a particular class.

3

The Welsh Ministers may direct that subsection (1) does not apply to any scheduled monument specified in the direction.

4

A direction under subsection (3) does not take effect until notice of it has been served on every owner and occupier of the monument in question.

5

Subsection (1) does not authorise works contrary to any exception or condition attached to a scheduled monument consent.

6

An authorisation under subsection (1) has effect for the benefit of the monument and of all persons for the time being interested in the monument; but this is subject to any provision to the contrary in Schedule 3.

Annotations:
Commencement Information
I2

S. 12 not in force at Royal Assent, see s. 212(2)

I313Authorisation of works by scheduled monument consent

1

Works to which section 11 applies are authorised if—

a

written consent to carry them out has been granted by the Welsh Ministers, and

b

the works are carried out in accordance with the terms of the consent (including any conditions attached to it).

2

Where—

a

works to which section 11 applies have been carried out without being authorised under this Chapter, and

b

the Welsh Ministers grant written consent for the works,

the works are authorised from the grant of the consent.

3

Consent under subsection (1) or (2) is referred to in this Part as scheduled monument consent.