Ancient Monuments and Archaeological Areas Act 1979
Part I Ancient Monuments
Protection of scheduled monuments
1 Schedule of monuments.
1A Commission’s functions as to informing and publishing.
2 Control of works affecting scheduled monuments.
3 Grant of scheduled monument consent by order of the Secretary of State.
4 Duration, modification and revocation of scheduled monument consent.
5 Execution of works for preservation of a scheduled monument by Secretary of State in cases of urgency.
6 Powers of entry for inspection of scheduled monuments, etc.
6A Commission’s powers of entry in relation to scheduled monuments.
7 Compensation for refusal of scheduled monument consent.
8 Recovery of compensation under section 7 on subsequent grant of consent.
9 Compensation where works affecting a scheduled monument cease to be authorised.
Acquisition of ancient monuments
10 Compulsory acquisition of ancient monuments.
11 Acquisition by agreement or gift of ancient monuments.
Guardianship of ancient monuments
12 Power to place ancient monument under guardianship.
13 Effect of guardianship.
14 Termination of guardianship.
Acquisition and guardianship of land in the vicinity of an ancient monument, etc.
15 Acquisition and guardianship of land in the vicinity of an ancient monument.
16 Acquisition of easements and other similar rights over land in the vicinity of an ancient monument.
Agreements concerning ancient monuments, etc.
17 Agreements concerning ancient monuments and land in their vicinity.
Powers of limited owners
18 Powers of limited owners for purposes of sections 12, 16 and 17.
Public access to monuments under public control
19 Public access to monuments under public control.
20 Provision of facilities for the public in connection with ancient monuments.
Transfer of ownership and guardianship of ancient monuments
21 Transfer of ancient monuments between local authorities and Secretary of State.
Ancient Monuments Boards
22 Ancient Monuments Boards.
23 Annual reports of Ancient Monuments Boards.
Miscellaneous and supplemental
24 Expenditure by Secretary of State or local authority on acquisition and preservation of ancient monuments, etc.
25 Advice and superintendence by Secretary of State.
26 Power of entry on land believed to contain an ancient monument.
27 General provisions as to compensation for depreciation under Part I.
28 Offence of damaging certain ancient monuments.
29 Compensation orders for damage to monuments under guardianship in England and Wales.
30 Disposal of land acquired under Part I.
31 Voluntary contributions towards expenditure under Part I.
32 Interpretation of Part I.
Part II Archaeological Areas
33 Designation of areas of archaeological importance.
34 Investigating authorities for areas of archaeological importance.
35 Notice required of operations in areas of archaeological importance.
36 Certificate to accompany operations notice under section 35.
37 Exemptions from offence under section 35.
38 Powers of investigating authority to enter and excavate site of operations covered by an operations notice.
39 Power of investigating authority to investigate in advance of operations notice any site which may be acquired compulsorily.
40 Other powers of entry on site of operations covered by an operations notice.
41 Interpretation of Part II.
Part III Miscellaneous and Supplemental
Restrictions on use of metal detectors
42 Restrictions on use of metal detectors.
Powers of entry
43 Power of entry for survey and valuation.
44 Supplementary provisions with respect to powers of entry.
Financial provisions
45 Expenditure on archaeological investigation.
46 Compensation for damage caused by exercise of certain powers under this Act.
47 General provisions with respect to claims for compensation under this Act.
48 Recovery of grants for expenditure in conservation areas and on historic buildings.
49 Grants to the Architectural Heritage Fund.
Application to special cases
50 Application to Crown land.
51 Ecclesiastical Property.
52 Application to the Isles of Scilly.
52A The Broads.
53 Monuments in territorial waters.
Supplemental
54 Treatment and preservation of finds.
55 Proceedings for questioning validity of certain orders, etc.
56 Service of documents.
57 Power to require information as to interests in land.
58 Offences by corporations.
59 Prosecution of offences: Scotland.
60 Regulations and orders.
61 Interpretation.
62 Special provision for Scotland.
63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
64 Transitional provisions, consequential amendments and repeals.
65 Short title, commencement and extent.
SCHEDULES
SCHEDULE 1 Control of Works Affecting Scheduled Monuments
Part I Applications for Scheduled Monument Consent
1(1) Provision may be made by regulations under this Act...
2(1) The Secretary of State may refuse to entertain an...
2AAs soon as practicable after receiving an application for scheduled...
3(1) The Secretary of State may grant scheduled monument consent...
4(1) Subsections (2) to (5) of section 250 of the...
Part II Modification and Revocation of Scheduled Monument Consent
5(1) Before giving a direction under section 4 of this...
6(1) If no objection to a proposed modification or revocation...
7As soon as may be after giving a direction under...
8(1) Where in accordance with sub-paragraph (3) of paragraph 5...
9(1) Subject to sub-paragraph (2) below, subsections (2) to (5)...
SCHEDULE 2 Designation Orders
Designation orders by the Secretary of State
1(1) A designation order made by the Secretary of State...
2Before making a designation order the Secretary of State shall—...
3(1) The consultations required by sub-paragraphs (a)(aa) of paragraph 2...
4Copies of the draft order and of the map to...
5Copies of the draft order and of the map to...
6The Secretary of State may make the order, either without...
7On making the order, the Secretary of State shall—
Designation orders by a local authority
8(1) A designation order made by a local authority shall...
9Before making a designation order a local authority shall—
9ABefore making a designation order a local authority shall notify...
10(1) The consultation required by sub-paragraph (a) of paragraph 9...
11Copies of the draft order and of the map to...
12The local authority may make the order, either without modifications...
13A designation order made by a local authority shall not...
14If the Secretary of State confirms the order the local...
15The Secretary of State may by regulations prescribe the procedure...
Designation orders by the Commission
15AParagraphs 8, 9, 10 to 13, 14( a ) and...
Operation of designation orders
16(1) A designation order made by the Secretary of State...
Variation and revocation of designation orders
17(1) An order varying or revoking a designation order shall...
18Before and on making an order varying or revoking a...
Scotland
19In relation to a designation order relating to an area...
Interpretation
20(1) In this Schedule “the area affected” means, in relation...
SCHEDULE 3 Transitional Provisions
1(1) Where an interim preservation notice is in force with...
2(1) Subject to sub-paragraph (2) below, where a guardianship order...
3(1) Where within the period of three months immediately preceding...
4(1) Subject to the following provisions of this paragraph, where...
5(1) Subject to sub-paragraph (2) below, where—
6(1) Section 13(2) of this Act shall not apply to...
7Notwithstanding the repeal by this Act of the Field Monuments...
8Any reference in any document (including an enactment) to an...
9Nothing in the preceding provisions of this Schedule shall be...
10In this Schedule— “interim preservation notice” means a notice served...
SCHEDULE 4 Consequential amendments
1. . . . . . . . . ....
2In section 47(d) of the Coast Protection Act 1949 (saving...
3(1) In sections 5(2)(b) and 8(1)(c) of the Historic Buildings...
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5In section 6(4)(b) of the Land Powers (Defence) Act 1958...
6In section 17(2) of the Building (Scotland) Act 1959 (requirements...
7In section 3(3)(a) of the Flood Prevention (Scotland) Act 1961...
8In section 2(5) of the Faculty Jurisdiction Measure 1964 (limit...
9In section 7(8) of the Mines (Working Facilities and Support)...
10. . . . . . . . . ....
11. . . . . . . . . ....
12In sections 54(1) and 56(2) of the Town and Country...
13In section 131(2) of the Local Government Act 1972 (general...
14In section 182(1) of the Local Government (Scotland) Act 1973...
15. . . . . . . . . ....
16In section 111 of the Land Drainage Act 1976 (protection...
SCHEDULE 5 Enactments Repealed

Ancient Monuments and Archaeological Areas Act 1979

1979 c.46

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 section 10 of the Town and Country Planning (Amendment) Act 1972 or under section 4 of the Historic Buildings and Ancient Monuments Act 1953 in certain circumstances; and to provide for grants by the Secretary of State to the Architectural Heritage Fund.

Annotations:
Commencement Information
I1

Act not in force at Royal Assent see s. 65(3); Act wholly in force at 14.4.1982

Modifications etc. (not altering text)
C4

Act modified (17.7.1992) by S.I. 1992/1732, arts. 1, 3(1)

C6

Act restricted (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 4(4)

Act except the Treasury function under s. 50: powers transferred (1.7.1999) by virtue of S.I. 1999/672, art. 2, Sch.1

Act modified (6.5.1999) by S.I. 1999/677, art. 3.

C7

Act (except Pt. II) extended (S.) (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 7 (with s. 32); S.I. 2000/312, art. 2