- Latest available (Revised)
- Original (As made)
Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995, Section 3 is up to date with all changes known to be in force on or before 08 February 2016. There are changes that may be brought into force at a future date. Changes that have been made 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.
3.—(1) The Department may grant scheduled monument consent in respect of all or any part of the works to which an application for scheduled monument consent relates.N.I.
(2) Before determining whether or not to grant scheduled monument consent on any application therefor, the Department shall either—
(a)cause a public local inquiry to be held by the planning appeals commission; or
(b)afford to the applicant, and to any other person to whom it appears to the Department expedient to afford it, an opportunity of appearing before and being heard by the planning appeals commission.
(3) Before determining whether or not to grant scheduled monument consent on any application therefor, the Department—
(a)shall in every case consider any representations made by any person with respect to that application before the time when it considers its decision thereon (whether in consequence of any notice given to that person in accordance with any requirements of regulations made under paragraph 2 or of any publicity given to the application by the Department, or otherwise); and
(b)shall also, if any inquiry or hearing has been held in accordance with sub-paragraph (2), consider the report of the planning appeals commission.
(4) The Department shall serve notice of its decision with respect to the application on the applicant and on every person who has made representations to it with respect to the application.
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: