The Ancient Monuments (Class Consents) Order 1994

Explanatory Note

(This note is not part of the Order)

This Order, which applies to England and Wales, grants scheduled monument consent under section 3 of the Ancient Monuments and Archaeological Areas Act 1979 (“the Act”) for the execution of certain classes or descriptions of works.

The works for which consent is granted comprise:

• Certain agricultural, horticultural and forestry works of the same kind as those carried out lawfully in the same location and on the same spot within that location during the previous six years. “Carried out lawfully” means “carried out in accordance with the terms of a consent granted by order under section 3 of the Act or which would have been so carried out if during the period in question the monument had been a scheduled monument”. Under the Ancient Monuments (Class Consents) Order 1981 (S. I.1981/1302) such works could only be lawfully carried out if works of the same kind had previously been executed in the same field or location during the period 9th October 1976 to 8th October 1981.

• Works executed more than 10 metres below ground level by the British Coal Corporation or their licensees.

• Certain works executed by the British Waterways Board.

• Certain works for the repair or maintenance of machinery.

• Minimum works urgently necessary in the interests of safety or health subject to giving subsequent notice in writing as soon as reasonably practicable.

• Works executed by the Historic Buildings and Monuments Commission for England (“the Commission”).

• Certain works of archaeological evaluation carried out by or on behalf of an applicant for scheduled monument consent.

• Certain works carried out in accordance with agreements made between the occupier of a scheduled monument and the Secretary of State or the Commission under section 17 of the Act.

• Certain works in respect of which the Secretary of State or the Commission pay grant under section 24 of the Act.

• Certain works undertaken by the Royal Commission on the Historical Monuments of England or by the Royal Commission on Ancient and Historical Monuments of Wales.

Consent under this Order is for the purposes of section 3 of the Act only and does not constitute any consent or authority for any other purpose.

The Ancient Monuments (Class Consents) Order 1981 and the Ancient Monuments (Class Consents) (Amendment) Order 1984 (S. I.1984/222) are revoked with savings.