Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

3. PART II HISTORIC MONUMENTS

   1. Protection of scheduled monuments

      1. 3. Schedule of monuments

      2. 4. Control of works affecting scheduled monuments

      3. 5. Grant of scheduled monument consent by order of the Department

      4. 6. Duration, modification and revocation of scheduled monument consent

      5. 7. Execution of works for protection of a scheduled monument by Department in cases of urgency

      6. 8. Powers of entry for inspection of scheduled monuments, etc.

      7. 9. Compensation for refusal of scheduled monument consent

      8. 10. Recovery of compensation under Article 9 on subsequent grant of consent

      9. 11. Compensation where works affecting a scheduled monument cease to be authorised

      10. 12. Proceedings for questioning validity of certain actions of Department

   2. Acquisition of historic monuments

      1. 13. Acquisition of historic monuments by agreement or compulsorily

      2. 14. Acquisition of historic monuments by way of gift

   3. Guardianship of historic monuments

      1. 15. Appointment of Department as guardian of historic monuments

      2. 16. Effect of guardianship

      3. 17. Termination of guardianship

   4. Acquisition and guardianship of land in the vicinity of an historic monument

      1. 18. Acquisition and guardianship of land in the vicinity of an historic monument

   5. Agreements concerning historic monuments, etc.

      1. 19. Agreements concerning historic monuments and land in their vicinity

   6. Public access to monuments under ownership or guardianship of Department

      1. 20. Public access to monuments under ownership or guardianship of Department

      2. 21. Provision of facilities for the public in connection with historic monuments

   7. The Historic Monuments Council

      1. 22. The Historic Monuments Council

   8. Miscellaneous powers of the Department in relation to historic monuments

      1. 23. Expenditure by Department on removal or preservation of historic monuments

      2. 24. Expenditure by Department on archaeological investigation

      3. 25. Advice and superintendence by the Department

      4. 26. Power to provide general advice, information, etc.

      5. 27. Power to receive voluntary contributions

      6. 28. Power to dispose of land acquired under this Part

   9. Offences

      1. 29. Restrictions on possession and use of detecting devices

      2. 30. Damaging certain historic monuments

      3. 31. Compensation orders for damage to monuments under guardianship

   10. Powers of entry

       1. 32. Powers of entry

       2. 33. Supplementary provisions with respect to powers of entry

       3. 34. Treatment and preservation of archaeological objects found

   11. Compensation

       1. 35. Compensation for damage caused by exercise of certain powers under this Part

       2. 36. General provisions with respect to claims for compensation under this Part

   12. Application to special cases

       1. 37. Application to Crown land

       2. 38. Monuments in territorial waters

   13. Supplementary

       1. 39. Power to require information as to estates in land

       2. 40. Registration of matters in Statutory Charges Register

4. PART III ARCHAEOLOGICAL OBJECTS

   1. 41. Restriction on searching for archaeological objects, etc.

   2. 42. Reporting of archaeological objects found

5. PART IV SUPPLEMENTARY

   1. 43. Prosecution of offences

   2. 44. Regulations and orders

   3. Article 45—Amendments and repeals

6. SCHEDULES

   1. SCHEDULE 1

      CONTROL OF WORKS AFFECTING SCHEDULED MONUMENTS

      1. PART I APPLICATIONS FOR SCHEDULED MONUMENT CONSENT

         1. 1. (1) The Department may by regulations make provision with respect to the form and manner...

         2. 2. (1) The Department may refuse to entertain an application for scheduled monument consent unless it...

         3. 3. (1) The Department may grant scheduled monument consent in respect of all or any part...

      2. PART II MODIFICATION AND REVOCATION OF SCHEDULED MONUMENT CONSENT

         1. 4. (1) Before giving a direction under Article 6 modifying or revoking a scheduled monument consent...

         2. 5. (1) If no objection to a proposed modification or revocation is duly made by a...

         3. 6. As soon as may be after giving a direction under Article 6 the Department shall...

         4. 7. (1) Where in accordance with sub-paragraph (3) of paragraph 4 a notice under that paragraph...

   2. SCHEDULE 2

      MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 13

      1. 1. References to the Ministry or to the council shall be construed as references to the...

      2. 2. References to Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall be construed...

      3. 3. Omit paragraph 1.

      4. 4. For paragraph 2 substitute— (2) (1) The Department, where it proposes to acquire land compulsorily...

      5. 5. In paragraph 3— (a) in sub-paragraph (1)(b) for the words from “unless no representations” to...

      6. 6. In paragraph 4 omit the words from “and may provide” onwards.

      7. 7. In paragraph 5— (a) in sub-paragraph (1)(a) omit the words “in the prescribed form and...

      8. 8. In paragraph 6(2) for the words “fund out of which the expenses of the council...

      9. 9. In paragraph 11(3) omit the words “in the prescribed form”.

      10. 10. In paragraph 12— (a) in sub-paragraph (1) omit the words “such” and “as may be...

      11. 11. In paragraph 14(1) omit the words “in the prescribed form”.

      12. 12. In paragraph 15(1) for the words “in the prescribed form” substitute the words “in such...

      13. 13. Omit paragraph 19.

      14. 14. Omit paragraph 20(2).

   3. Schedule 3—Amendments

   4. Schedule 4—Repeals