C1 Part I Ancient Monuments
Protection of scheduled monuments
1ABF1Interim protection pending decisions on certain amendments relating to the Schedule
1
This section applies where the Welsh Ministers consult under section 1AA on a proposal to—
a
include a monument in the Schedule; or
b
make a material amendment of the kind described in section 1AA(5)(a) in relation to a monument in the Schedule.
2
The provisions of this Act have effect in relation to the monument, from the beginning of the day specified for the purposes of section 1AA(4)(c)(ii)—
a
in the case of a proposal to include a monument in the Schedule, as if the monument were a scheduled monument; and
b
in the case of a proposal to make a material amendment in relation to a monument in the Schedule, as if the amendment were made.
3
The protection conferred on a monument or area by virtue of subsection (2) is referred to in this Act as “interim protection”.
4
Interim protection conferred by virtue of subsection (2)(a) ceases to have effect—
a
where the Welsh Ministers include the monument in the Schedule, from the beginning of the day specified in the notice for the purpose of section 1AE(2)(a); or
b
where the Welsh Ministers decide not to include the monument in the Schedule, from the beginning of the day specified in a notice issued to—
i
the owner of the monument;
ii
if the owner is not the occupier, the occupier of the monument; and
iii
each local authority in whose area the monument is situated.
5
Interim protection conferred by virtue of subsection (2)(b) ceases to have effect—
a
where the Welsh Ministers make the material amendment, from the beginning of the day specified in the notice for the purpose of section 1AE(2)(a); or
b
where the Welsh Ministers decide not to make the material amendment, from the beginning of the day specified in a notice issued to—
i
the owner of the monument;
ii
if the owner is not the occupier, the occupier of the monument; and
iii
each local authority in whose area the monument is situated.
6
The Welsh Ministers—
a
must publish by electronic means a list containing particulars of each monument in relation to which interim protection has effect; and
b
must, on request, provide a copy of the notice served under section 1AA(2) in respect of such a monument.
Pt. I (ss. 1-32) extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para.10(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)