Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995

PART IINTRODUCTORY

1Title and commencement

2Interpretation

PART IIHISTORIC MONUMENTS

Protection of scheduled monuments

3Schedule of monuments

4Control of works affecting scheduled monuments

5Grant of scheduled monument consent by order of the Department

6Duration, modification and revocation of scheduled monument consent

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

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

9Compensation for refusal of scheduled monument consent

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

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

12Proceedings for questioning validity of certain actions of Department

Acquisition of historic monuments

13Acquisition of historic monuments by agreement or compulsorily

14Acquisition of historic monuments by way of gift

Guardianship of historic monuments

15Appointment of Department as guardian of historic monuments

16Effect of guardianship

17Termination of guardianship

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

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

Agreements concerning historic monuments, etc.

19Agreements concerning historic monuments and land in their vicinity

Public access to monuments under ownership or guardianship of Department

20Public access to monuments under ownership or guardianship of Department

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

The Historic Monuments Council

22The Historic Monuments Council

Miscellaneous powers of the Department in relation to historic monuments

23Expenditure by Department on removal or preservation of historic monuments

24Expenditure by Department on archaeological investigation

25Advice and superintendence by the Department

26Power to provide general advice, information, etc.

27Power to receive voluntary contributions

28Power to dispose of land acquired under this Part

29Restrictions on possession and use of detecting devices

30Damaging certain historic monuments

31Compensation orders for damage to monuments under guardianship

Powers of entry

32Powers of entry

33Supplementary provisions with respect to powers of entry

34Treatment and preservation of archaeological objects found

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

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

Application to special cases

37Application to Crown land

38Monuments in territorial waters

39Power to require information as to estates in land

40Registration of matters in Statutory Charges Register

PART IIIARCHAEOLOGICAL OBJECTS

41Restriction on searching for archaeological objects, etc.

42Reporting of archaeological objects found

PART IVSUPPLEMENTARY

43Prosecution of offences

44Regulations and orders

Article 45—Amendments and repeals

SCHEDULE 1CONTROL OF WORKS AFFECTING SCHEDULED MONUMENTS

PART IAPPLICATIONS FOR SCHEDULED MONUMENT CONSENT

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

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

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

PART IIMODIFICATION AND REVOCATION OF SCHEDULED MONUMENT CONSENT

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

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

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

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

SCHEDULE 2MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 13

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

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

3Omit paragraph 1.

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

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

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

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

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

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

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

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

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

13Omit paragraph 19.

14Omit paragraph 20(2).

Schedule 3—Amendments

Schedule 4—Repeals

1995 No. 1625 (N.I. 9)

Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995C1

28th June 1995

Annotations:

Modifications etc. (not altering text)

C1

Order: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 1 (with art. 9(2))