Ancient Monuments and Archaeological Areas Act 1979

Acquisition of ancient monuments E+W+S

10 Compulsory acquisition of ancient monuments. E+W+S

(1) The Secretary of State may acquire compulsorily any ancient monument for the purpose of securing its preservation [F1 ; but, where the monument in question is situated in England, he shall consult with the Commission before making a compulsory purchase order.]

(2) The M1 [F2 Acquisition of Land Act 1981] shall apply to any compulsory acquisition by the Secretary of State under this section of an ancient monument situated in England and Wales . . . F3

(3) The M2 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to any compulsory acquisition by the Secretary of State under this section of an ancient monument situated in Scotland as it applies to a compulsory acquisition by another Minister or by the Secretary of State under section 58 of the M3 National Health Service (Scotland) Act 1972 in a case falling within section 1(1) of the said Act of 1947.

(4) For the purpose of assessing compensation in respect of any compulsory acquisition under this section of a monument which, immediately before the date of the compulsory purchase order, was scheduled, it shall be assumed that scheduled monument consent would not be granted for any works which would or might result in the demolition, destruction or removal of the monument or any part of it.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 36

F2 Words substituted by Acquisition of Land Act 1981 (c. 67), Sch. 4 para. 1 Table

F3 Words repealed by Acquisition of Land Act 1981 (c. 67), Sch. 6 Pt. I

Marginal Citations

M1 1981 c. 67.

M2 1947 c. 42.

M3 1972 c. 58.

11 Acquisition by agreement or gift of ancient monuments. E+W+S

(1) The Secretary of State may acquire by agreement any ancient monument [F4 but, where the monument in question is situated in England, he shall consult with the Commission before doing so.]

[F5 (1A) With the consent of the Secretary of State, the Commission may acquire by agreement any ancient monument situated in England.]

(2) Any local authority may acquire by agreement any ancient monument situated in or in the vicinity of their area.

(3) The Secretary of State or any local authority may accept a gift (whether by deed or will) of any ancient monument [F6 ; but, where the monument in question is situated in England, the Secretary of State shall consult with the Commission before accepting]

[F7 (3A) With the consent of the Secretary of State, the Commission may accept a gift (whether by deed or will) of any ancient monument situated in England.]

(4) The provisions of Part I of the M4 Compulsory Purchase Act 1965 (so far as applicable) other than sections 4 to 8, section 10 and section 31, shall apply in relation to any acquisition under subsection (1) or (2) above of an ancient monument situated in England and Wales.

(5) For the purpose of any acquisition under subsection (1) or (2) above of any ancient monument situated in Scotland which is heritable—

(a) the Lands Clauses Acts (with the exception of the provisions excluded by subsection (6) below) and sections 6 and 70 to 78 of the M5 Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the M6 Mines (Working Facilities and Support) Act 1923) shall be incorporated with this section; and

(b) in construing those Acts for the purposes of this section, this section shall be deemed to be the special Act and the Secretary of State or the local authority acquiring the monument shall be deemed to be the promoter of the undertaking or company (as the case may require).

(6) The provisions of the Lands Clauses Acts excluded from being incorporated with this section are—

(a) those which relate to the acquisition of land otherwise than by agreement;

(b) those which relate to access to the special Act; and

(c) sections 120 to 125 of the M7 Lands Clauses Consolidation (Scotland) Act 1845.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4 Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 37(2)

F5 S. 11(1A) inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 37(3)

F6 Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 37(4)

F7 S. 11(3A) inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 37(5)

Marginal Citations

M4 1965 c. 56.

M5 1845 c. 33.

M6 1923 c. 20.

M7 1845 c. 19.