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Commencement Orders bringing legislation that affects this Act into force:
(1)The Secretary of State shall compile and maintain for the purposes of this Act (in such form as he thinks fit) a schedule of monuments (referred to below in this Act as “the Schedule”).
(2)The Secretary of State shall on first compiling the Schedule include therein—
(a)any monument included in the list last published before the commencement of this Act under section 12 of the M1Ancient Monuments Consolidation and Amendment Act 1913; and
(b)any monument in respect of which the Secretary of State has before the commencement of this Act served notice on any person in accordance with section 6(1) of the M2Ancient Monuments Act 1931 of his intention to include it in a list to be published under section 12.
(3)Subject to subsection (4) below, the Secretary of State may on first compiling the Schedule or at any time thereafter include therein any monument which appears to him to be of national importance.
[F1The Secretary of State shall consult the Historic Buildings and Monuments Commission for England (in this Act referred to as “the Commission”) before he includes in the Schedule a monument situated in England.]
(4)The power of the Secretary of State under subsection (3) above to include any monument in the Schedule does not apply to any structure which is occupied as a dwelling house by any person other than a person employed as the caretaker thereof or his family.
(5)The Secretary of State may—
(a)exclude any monument from the Schedule; or
(b)amend the entry in the Schedule relating to any monument (whether by excluding anything previously included as part of the monument or adding anything not previously so included, or otherwise).
[F2In the case of a monument situated in England, the Secretary of State shall consult with the Commission before he makes an exclusion or amendment.]
(6)As soon as may be after—
(a)including any monument in the Schedule under subsection (3) above;
(b)amending the entry in the Schedule relating to any monument; or
(c)excluding any monument from the Schedule;
the Secretary of State shall [F3(subject to subsection (6A) below)] inform the owner and (if the owner is not the occupier) the occupier of the monument, and any local authority in whose area the monument is situated, of the action taken and, in a case falling within paragraph (a) or (b) above, shall also send to him or them a copy of the entry or (as the case may be) of the amended entry in the Schedule relating to that monument.
[F4(6A)Subsection (6) above shall not apply as regards a monument situated in England but, as soon as may be after acting as mentioned in paragraph (a), (b) or (c) of that subsection as regards such a monument, the Secretary of State shall inform the Commision of the action taken and, in a case falling within paragraph (a) or (b) of that subsection, shall also send to the Commission a copy of the entry or (as the case may be) of the amended entry in the Schedule relating to that monument.]
(7)[F5Subject to subsection (7A) below] The Secretary of State shall from time to time publish a list of all the monuments which are for the time being included in the Schedule, whether as a single list or in sections containing the monuments situated in particular areas; but in the case of a list published in sections, all sections of the list need not be published simultaneously.
[F6(7A)Subsection (7) above shall not apply as regards monuments situated in England, but the Secretary of State shall from time to time supply the Commission with a list of all the monuments which are so situated and are for the time being included in the Schedule, whether as a single list or in sections containing the monuments situated in particular areas; but in the case of a list supplied in sections, all sections of the list need not be supplied simultaneously.]
(8)The Secretary of State may from time to time publish amendments of any list published under subsection (7) above, and any such list (as amended) shall be evidence of the inclusion in the Schedule for the time being—
(a)of the monuments listed; and
(b)of any matters purporting to be reproduced in the list from the entries in the Schedule relating to the monuments listed.
[F7(8A)The Secretary of State shall from time to time supply the Commission with amendments of any list supplied under subsection (7A) above.]
(9)An entry in the Schedule recording the inclusion therein of a monument situated in England and Wales shall be a local land charge.
(10)It shall be competent to record in the Register of Sasines—
(a)a certified copy of the entry or (as the case may be) the amended entry in the Schedule relating to any monument in Scotland which is heritable; and
(b)where any such monument is excluded from the Schedule and a certified copy of the entry in the Schedule relating to it has previously been so recorded under paragraph (a) above, a certificate issued by or on behalf of the Secretary of State stating that it has been so excluded.
(11)In this Act “scheduled monument” means any monument which is for the time being included in the Schedule.
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