- Latest available (Revised)
- Original (As made)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
2.—(1) The Department may refuse to entertain an application for scheduled monument consent unless it is accompanied by one or other of the following certificates signed by or on behalf of the applicant, that is to say—N.I.
(a)a certificate stating that, at the beginning of the period of 21 days ending with the application, no person other than the applicant was the owner of the monument;
(b)a certificate stating that the applicant has given the requisite notice of the application to all the persons other than the applicant who, at the beginning of that period, were owners of the monument;
(c)a certificate stating that the applicant is unable to issue a certificate in accordance with either of the preceding heads, that he has given the requisite notice of the application to such one or more of the persons mentioned in head (b) as are specified in the certificate, that he has taken such steps as are reasonably open to him to ascertain the names and addresses of the remainder of those persons and that he has been unable to do so;
(d)a certificate stating that the applicant is unable to issue a certificate in accordance with head (a), that he has taken such steps as are reasonably open to him to ascertain the names and addresses of the persons mentioned in head (b) and that he has been unable to do so.
(2) Any certificate issued for the purposes of sub-paragraph (1)—
(a)shall contain such further particulars of the matters to which the certificate relates as may be prescribed; and
(b)shall be in such form as may be prescribed;
and any reference in that sub-paragraph to the requisite notice is a reference to a notice in such form as may be prescribed.
(3) The Department may by regulations make provision as to who, in the case of any monument, is to be treated as the owner for the purposes of this paragraph.
(4) If any person—
(a)issues a certificate which purports to comply with the requirements of this paragraph and which contains a statement which he knows to be false or misleading in a material particular; or
(b)recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include: