Ancient Monuments and Archaeological Areas Act 1979

[F1 9ZI Temporary stop notice E+W

(1) This section applies where it appears to the Welsh Ministers that works affecting a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument have been or are being carried out in contravention of section 2(1) or (6).

(2) The Welsh Ministers may issue a notice under this section (referred to in this Part as a “temporary stop notice”) if, having regard to the effect of the works on the monument as one of national importance, they consider that it is expedient that the works are stopped immediately (or that part of them is).

(3) A temporary stop notice must be in writing and must—

(a) specify the works in question;

(b) prohibit execution of the works (or so much of them as is specified in the notice);

(c) set out the Welsh Ministers' reasons for issuing the notice; and

(d) include a statement of the effect of section 9ZK.

(4) A temporary stop notice may be served on a person who appears to the Welsh Ministers—

(a) to be carrying out the works or causing them to be carried out; or

(b) to have an interest in the monument or land.

(5) The Welsh Ministers must display a copy of the notice on the monument or land (except where doing so might damage the monument, in which case it is sufficient to display the notice in a prominent position as close to the monument or land as is reasonably practicable); and the copy must specify the date on which it is first displayed.

(6) A temporary stop notice takes effect when the copy of it is first displayed in accordance with subsection (5).

(7) A temporary stop notice ceases to have effect—

(a) at the end of the period of 28 days beginning with the day on which the copy of it is first displayed in accordance with subsection (5); or

(b) if the notice specifies a shorter period beginning with that day, at the end of that period.

(8) But if the Welsh Ministers withdraw the notice before the time when it would otherwise cease to have effect under subsection (7), the notice ceases to have effect on its withdrawal.

(9) The Welsh Ministers may not issue a subsequent temporary stop notice in relation to the same works unless they have, since issuing the previous notice, taken other enforcement action in relation to the contravention referred to in subsection (1).

(10) The reference in subsection (9) to taking other enforcement action includes a reference to obtaining an injunction under section 9ZM.]

Textual Amendments

F1 Ss. 9ZI-9ZL and cross-heading inserted (E.W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 13(1), 41(2)