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

Statutory Instruments

1991 No. 2647

ANCIENT MONUMENTS

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

Made

18th November 1991

Laid before Parliament

29th November 1991

Coming into force

20th December 1991

The Secretary of State, in exercise of the powers conferred on him by sections 47, 60(1) and 61(1)(1) of the Ancient Monuments and Archaeological Areas Act 1979(2), hereby makes the following Regulations:

Citation, commencement, interpretation and extent

1.—(1) These regulations may be cited as the Ancient Monuments (Claims for Compensation) (Wales) Regulations 1991, and shall come into force on 20th December 1991.

(2) In these Regulations, “the Act” means the Ancient Monuments and Archaeological Areas Act 1979.

(3) These Regulations apply only in relation to monuments or land, or to chattels on land, in Wales.

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

2.—(1) A claim for compensation under sections 7, 9 or 46 of the Act shall be made in the form set out in 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 6months beginning with—

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

(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.

David Hunt

Secretary of State for Wales

18th November 1991

SCHEDULE ANCIENT MONUMENTS AND ARCHAEOLOGICAL AREAS ACT 1979

CLAIM FOR COMPENSATION UNDER SECTIONS 7, 9 OR 46 OF THE 1979 ACT

Explanatory Note

(This note is not part of the Regulations)

Sections 7, 9 and 46 of the Ancient Monuments and Archaeological Areas Act 1979 make provision for the payment of compensation where scheduled monument consent is refused or granted subject to conditions, where works affecting a scheduled monument cease to be authorised, and where damage has been caused to land or chattels by the exercise of powers of entry and certain other powers under the 1979 Act.

These Regulations, which apply to Wales, prescribe the form for claiming compensation and provide for the time within which a claim is to be made.

(1)

See the definition of “prescribed”.

(2)

1979 c. 46.