Ancient Monuments and Archaeological Areas Act 1979

Changes over time for: Section 19

Version Superseded: 23/02/2017

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19 Public access to monuments under public control.E+W+S

(1)Subject to[F1sections 13(2A) and 15(3A) of this Act and to] the following provisions of this section, the public shall have access to any monument under the ownership or guardianship of the Secretary of State [F2or the Commission] or any local authority by virtue of this Act.

(2)The Secretary of State [F3and the Commission] and any local authority may nevertheless control the times of normal public access to any monument under their ownership or guardianship by virtue of this Act and may also, if they consider it necessary or expedient to do so in the interests of safety or for the maintenance or preservation of the monument, entirely exclude the public from access to any such monument or to any part of it, for such period as they think fit:

Provided that—

(a)the power of a local authority under this subsection to control the times of normal public access to any monument shall only be exercisable by regulations under this section; and

(b)the power of a local authority under this subsection entirely to exclude the public from access to any monument with a view to its preservation shall only be exercisable with the consent of the Secretary of State.

(3)The Secretary of State and any local authority may by regulations under [F4this subsection] regulate public access to any monument, or to all or any of the monuments, under their ownership or guardianship by virtue of this Act and any such regulations made by the Secretary of State may also apply to any monument, or to all or any of the monuments, under his control or management for any other reason.

[F5The Secretary of State shall consult with the Commission before he makes any regulations under this subsection in relation only to monuments situated in England.]

(4)Without prejudice to the generality of subsection (3) above, regulations made by the Secretary of State or a local authority under [F6that subsection] may prescribe the times when the public are to have access to monuments to which the regulations apply and may make such provision as appears to the Secretary of State or to the local authority in question to be necessary for—

(a)the preservation of any such monument and its amenities or of any property of the Secretary of State or local authority; and

(b)prohibiting or regulating any act or thing which would tend to injure or disfigure any such monument or its amenities or to disturb the public in their enjoyment of it;

and may prescribe charges for the admission of the public to any such monument or to any class or description of monuments to which the regulations apply.

[F7( 4A )The Secretary of State may by regulations under this section make such provision as appears to him necessary for prohibiting or regulating any act or thing which would tend to injure or disfigure any monument under the ownership or guardianship of the Commission by virtue of this Act or the monument’s amenities or to disturb the public in their enjoyment of it.

(4B)The Secretary of State shall consult with the Commission before he makes any regulations under subsection (4A) above.]

(5)Without prejudice to subsections (3) and (4) above, the Secretary of State [F8and the Commission] and any local authority shall have power to make such charges as they may from time to time determine for the admission of the public to any monument under their ownership or guardianship by virtue of this Act or (in the case of the Secretary of State) to any monument otherwise under his control or management.

(6)Notwithstanding subsection (1) above, any person authorised in that behalf by the Secretary of State [F9or by the Commission] or by a local authority may refuse admission—

(a)to any monument under the ownership or guardianship of the Secretary of State or [F10the Commission or that local authority (as the case may be)] by virtue of this Act; or

(b)(in the case of the Secretary of State) to any monument otherwise under his control or management;

to any person he has reasonable cause to believe is likely to do anything which would tend to injure or disfigure the monument or its amenities or to disturb the public in their enjoyment of it.

(7)If any person contravenes or fails to comply with any provision of any regulations under this section, he shall be liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding [F11level 2 on the standard scale].

(8)Regulations made by a local authority under this section shall not take effect unless they are submitted to and confirmed by the Secretary of State, and the Secretary of State may confirm any such regulations either with or without modifications.

(9)In relation to any monument under guardianship, subsection (1) above is subject to any provision to the contrary in the guardianship deed.

Textual Amendments

F1Words in s. 19(1) inserted (S.) (30.6.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 7(4), 33(2); S.S.I. 2011/174, art. 2, Sch.

F2Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 45(2)

F3Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 45(3)

F4Words substituted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 45(4)

F5Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 45(4)

F6Words substituted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 45(5)

F7S. 19(4A)(4B) inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 45(6)

F8Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 45(7)

F9Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 45(8)

F10Words substituted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 45(8)