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Ancient Monuments and Archaeological Areas Act 1979
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Ancient Monuments and Archaeological Areas Act 1979, Section 4 is up to date with all changes known to be in force on or before 08 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 4:
- s. 7(4A) inserted by 2016 anaw 4 s. 10(2)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 7(4A) inserted by 2016 anaw 4 s. 10(2)
4 Duration, modification and revocation of scheduled monument consent.E+W
(1)Subject to subsection (2) below, if no works to which a scheduled monument consent relates are executed or started within the period of five years beginning with the date on which the consent was granted, or such longer or shorter period as may be specified for the purposes of this subsection in the consent, the consent shall cease to have effect at the end of that period (unless previously revoked in accordance with the following provisions of this section).
(2)Subsection (1) above does not apply to a scheduled monument consent which provides that it shall cease to have effect at the end of a period specified therein.
(3)If it appears to the Secretary of State to be expedient to do so, he may by a direction given under this section modify or revoke a scheduled monument consent to any extent he considers expedient.
F1[F2... The Secretary of State shall consult with the Commission before he gives such a direction.]
(4)Without prejudice to the generality of the power conferred by subsection (3) above to modify a scheduled monument consent, it extends to specifying a period, or altering any period specified, for the purposes of subsection (1) above, and to including a provision to the effect mentioned in subsection (2) above, or altering any period specified for the purposes of any such provision.
(5)Part II of Schedule 1 to this Act shall have effect with respect to directions under this section modifying or revoking a scheduled monument consent.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1Words in s. 4(3) omitted (E.W.) (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 23 (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
F2Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 29
Modifications etc. (not altering text)
C2S. 4 excluded (1.1.2022) by The Scheduled Monuments (Heritage Partnership Agreements) (Wales) Regulations 2021 (S.I. 2021/1176), reg. 1, Sch. 1
4 Duration, modification and revocation of scheduled monument consent.S
(1)Subject to subsection (2) below, if no works to which a scheduled monument consent relates are executed or started within the period of five years beginning with the date on which the consent was granted, or such longer or shorter period as may be specified for the purposes of this subsection in the consent, the consent shall cease to have effect at the end of that period (unless previously revoked in accordance with the following provisions of this section).
(2)Subsection (1) above does not apply to a scheduled monument consent which provides that it shall cease to have effect at the end of a period specified therein.
[F3(3)If it appears to Historic Environment Scotland that it is expedient to modify or revoke a scheduled monument consent, it may by order under this section modify or revoke the consent to such extent as it considers expedient.]
[F3(4)The power conferred by subsection (3) to modify or revoke a scheduled monument consent in relation to any works may be exercised at any time before those works have been completed, but the modification or revocation does not affect so much of those works as has been previously carried out.]
(5)Part II of Schedule 1 to this Act shall have effect with respect to [F4orders] under this section modifying or revoking a scheduled monument consent.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F3S. 4(3)(4) substituted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 7(a) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch. (with savings in S.S.I. 2015/239, arts. 1(1), 7)
F4Word in s. 4(5) substituted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 7(b) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch. (with savings in S.S.I. 2015/239, arts. 1(1), 7)
Modifications etc. (not altering text)
C3S. 4 excluded (1.1.2022) by The Scheduled Monuments (Heritage Partnership Agreements) (Wales) Regulations 2021 (S.I. 2021/1176), reg. 1, Sch. 1
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