1994 No. 1381
The Ancient Monuments (Class Consents) Order 1994
Made
Laid before Parliament
Coming into force
The Secretary of State, after consultation with the Historic Buildings and Monuments Commission for England, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 2, 3 and 60 of the Ancient Monuments and Archaeological Areas Act 19791, and of all other powers enabling them in that behalf, hereby make the following Order:
Citation, commencement, interpretation and extent1
1
This Order may be cited as the Ancient Monuments (Class Consents) Order 1994 and shall come into force on 14th June 1994.
2
In this Order, unless the context otherwise requires—
“the Act” means the Ancient Monuments and Archaeological Areas Act 1979;
“carried out lawfully” means carried out in accordance with the terms of a consent granted by order under section 3 of the Act, or which would have been so carried out if during the period in question the monument had been a scheduled monument;
“the Commission” means the Historic Buildings and Monuments Commission for England;
“consent” means scheduled monument consent;
“domestic gardening works” includes works carried out in the non-commercial cultivation of allotments;
“horticultural works” includes domestic gardening works; and
“ploughed land” means land on which ploughing has been carried out lawfully within the period of six years immediately preceding the works in question.
3
This Order applies to England and Wales.
Scheduled monument consent granted by this Order2
1
Subject to the provisions of this article, consent is hereby granted under section 3 of the Act for the execution of works of any class or description specified as permitted works in the Schedule to this Order.
2
The consent granted is subject to any condition specified in the said Schedule in relation to works of a particular class or description.
3
Nothing in this article shall operate so as to grant consent contrary to any limitation or condition specified in a consent granted under Part I of the Act otherwise than by ths Order.
Revocation and saving3
1
2
The 1981 Order and the 1984 Order shall continue to be effective in respect of works commenced before this Order comes into force and any limitation or condition specified in this Order shall be disregarded in the application of article 2(3) of the 1981 Order. Peter Brooke Secretary of State for National Heritage 18th May 1994
Signed by authority of the Secretary of State for Wales
SCHEDULECLASSES OR DESCRIPTIONS OF WORKS FOR THE EXECUTION OF WHICH SCHEDULED MONUMENT CONSENT IS GRANTED BY ARTICLE 2 OF THIS ORDER
CLASS 1. AGRICULTURAL, HORTICULTURAL AND FORESTRY WORKS | |
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Permitted works: | Agricultural, horticultural and forestry works of the same kind as those previously carried out lawfully in the same location and on the same spot within that location within the period of six years immediately preceding the date on which the works commence; but excluding works falling into one or more of the following categories— |
Works not permitted: |
|
CLASS 2. WORKS BY BRITISH COAL CORPORATION OR THEIR LICENSEES | |
Permitted works: | Works executed more than 10 metres below ground level by the British Coal Corporation, or any person acting pursuant to a licence granted by the Corporation under section 36(2) of the Coal Industry Nationalisation Act 19464. |
CLASS 3. WORKS BY BRITISH WATERWAYS BOARD | |
Permitted works: | Works executed by the British Waterways Board, in relation to land owned or occupied by them, being works of repair or maintenance, not involving a material alteration to a scheduled monument, which are essential for the purpose of ensuring the functioning of a canal. |
CLASS 4. WORKS FOR THE REPAIR OR MAINTENANCE OF MACHINERY | |
Permitted works: | Works for the repair or maintenance of machinery, being works which do not involve a material alteration to a scheduled monument. |
CLASS 5. WORKS URGENTLY NECESSARY FOR SAFETY OR HEALTH | |
Permitted works: | Works which are urgently necessary in the interests of safety or health provided that:—
|
CLASS 6. WORKS BY THE COMMISSION | |
Permitted works: | Works executed by the Commission. |
CLASS 7. WORKS OF ARCHAEOLOGICAL EVALUATION | |
Permitted works: | Works of archaeological evaluation carried out by or on behalf of a person who has applied for consent under section 2 of the Act being works carried out—
|
CLASS 8. WORKS CARRIED OUT UNDER CERTAIN AGREEMENTS CONCERNING ANCIENT MONUMENTS | |
Permitted works: | Works for the maintenance or preservation of a scheduled monument or its amenities being works executed in accordance with the terms of a written agreement between the occupier of the monument and the Secretary of State or the Commission under section 175 of the Act. |
CLASS 9. WORKS GRANT AIDED UNDER SECTION 24 OF THE ACT | |
Permitted works: | Works for the preservation, maintenance or management of a scheduled monument being works executed in accordance with the terms of a written agreement under which the Secretary of State or the Commission defray, or contribute towards, the cost of those works pursuant to their powers under section 246 of the Act. |
CLASS 10. WORKS UNDERTAKEN BY THE ROYAL COMMISSION ON THE HISTORICAL MONUMENTS OF ENGLAND OR THE ROYAL COMMISSION ON ANCIENT AND HISTORICAL MONUMENTS OF WALES | |
Permitted works: | Works consisting of the placing of survey markers to a depth not exceeding 300 millimetres for the purpose of measured surveying of visible remains undertaken by the Royal Commission on the Historical Monuments of England or by the Royal Commission on Ancient and Historical Monuments of Wales. |
(This note is not part of the Order)