The Ancient Monuments (Claims for Compensation) (England) Regulations 1991

Claims for compensation under sections 7, 9 or 46 of the Ancient Monuments and Archaeological Areas Act 1979

2.—(1) A claim for compensation under sections 7(1), 9(2) or 46(3) of the Act shall be made in the form set out in Part 1 of the Schedule hereto, or in a form substantially to the like effect, and shall be delivered or sent by the recorded delivery service to the person against whom the claim is made.

(2) Subject as mentioned below, a claim for compensation under sections 7, 9 or 46 of the Act shall be made within a period of six months beginning with–

(a)in the case of a claim under section 7 of the Act, the date of the refusal, or grant subject to conditions, of scheduled monument consent;

(b)in the case of a claim under section 9 of the Act–

(i)where subsection (2)(a) applies (scheduled monument consent granted by order under section 3 of the Act(4) ceasing to apply), the date when, on an application for scheduled monument consent for the works in question, consent is refused, or is granted subject to conditions other than those which previously applied under the order;

(ii)where subsection (2)(b) applies (modification or revocation of a scheduled monument consent under section 4 of the Act), the date when the direction is given under section 4(3) of the Act(5);

(iii)where subsection (2)(c) applies, the date when in accordance with paragraph 8 of Schedule 1 to the Act the works specified or indicated in a notice of proposed modification or revocation of scheduled monument consent under paragraph 5 of that Schedule cease to be authorised; or

(c)in the case of a claim under section 46 of the Act, the date on which the damage occurred,

but in any particular case the Secretary of State may at any time extend the said period or allow further time within which a claim may be made.

(1)

Section 7 was amended by the National Heritage Act 1983 (c. 47), Schedule 4, paragraph 33.

(2)

Section 9 was amended by the National Heritage Act 1983, Schedule 4, paragraph 35.

(3)

Section 46 was amended by the National Heritage Act 1983, Schedule 4, paragraph 62.

(4)

Section 3 was amended by the National Heritage Act 1983, Schedule 4, paragraph 28.

(5)

Section 4 was amended by the National Heritage Act 1983, Schedule 4, paragraph 29.