The Ancient Monuments (Class Consents) (Scotland) Order 1996

Explanatory Note

(This note is not part of the Order)

This Order, which re-enacts with amendments the Ancient Monuments (Class Consents) (Scotland) Order 1981, grants scheduled monument consent under Part I of the Ancient Monuments and Archaeological Areas Act 1979(“the Act”) for the execution in Scotland of works of any class or description specified in the Schedule to this Order.

The Schedule specifies–

(a) certain agricultural, horticultural, and forestry works;

(b) works executed more than 10 metres below ground level by the Coal Authority or a licensee thereof;

(c) certain works executed by the British Waterways Board;

(d) certain repair or maintenance works to machinery;

(e) certain works urgently necessary in the interests of health or safety; and

(f) certain works of archaeological evaluation;

(g) certain works under agreements under section 17 of the Act;

(h) certain works grant-aided under section 24 of the Act;

(i) certain works undertaken by the Royal Commission on the Ancient and Historical Monuments of Scotland.

The main changes from the 1981 Order are–

Agricultural, Horticultural and Forestry Works–

(a) the 5 year period during which certain works previously executed (the “qualifying works”) are granted scheduled monument consent under the 1981 Order has been replaced by a new 6 year period (10 years in the case of ploughed land) which starts from the date when the qualifying works commence;

(b) scheduled monument consent under this Order does not include works (not being ploughing) involving soil disturbance beyond a depth of 300 millimetres nor forestry works involving soil disturbance of any depth.

Health or Safety Works–

• scheduled monument consent under this Order only extends to the minimum works which are urgently necessary.

Archaeological Evaluation Works–

• this new class of works applies to works to be executed by or on behalf of an applicant for scheduled monument consent.

Section 17 Agreement Works–

• this new class of works applies to certain works executed in terms of an agreement entered into under section 17 of the Act.

Grant Aided Works–

• this new class of works applies to certain works grant aided under section 24 of the Act.

Works by the Royal Commission on the Ancient and Historical Monuments of Scotland (“RCAHMS”)–

• this new class of works applies to certain works undertaken by RCAHMS.