Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

SCHEDULES

SCHEDULE 2 E+W+S Designation Orders

Designation orders by the Secretary of State E+W+S

1 (1) A designation order made by the Secretary of State shall describe by reference to a map the area affected. E+W+S

(2) The map shall be to such a scale, and the order in such form, as the Secretary of State considers appropriate.

2 E+W+S Before making a designation order the Secretary of State shall—

(a) consult each of the local authorities concerned; and

[F1 (aa) consult with the Commission (if the area which would be designated by the order is situated in England); and]

(b) publish notice of his proposal to make the order;

in accordance with paragraph 3 below.

Textual Amendments

F1 Para. 2(aa) inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 69(2)

3 (1) The [F2 consultations required by sub-paragraphs (a)(aa)] of paragraph 2 above shall precede the publication of the notice required by sub-paragraph (b) of that paragraph. E+W+S

(2) The notice required by paragraph 2(b) above—

(a) shall be published in two successive weeks in the London Gazette and in one or more local newspapers circulating in the locality in which the area affected is situated;

(b) shall state that the Secretary of State proposes to make the order, describing the area affected and the effect of the order; and

(c) shall indicate where (in accordance with paragraphs 4 and 5 below) a copy of the draft order and of the map to which it refers may be inspected.

Textual Amendments

F2 Words substituted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 69(3)

4 E+W+S Copies of the draft order and of the map to which it refers—

(a) shall be deposited with each of the local authorities concerned on or before the date on which notice of the Secretary of State’s proposal to make the order is first published in accordance with paragraph 3(2)(a) above; and

[F3 (aa) shall be sent to the Commission (if the area which would be designated by the order is situated in England); and]

(b) shall be kept available for public inspection by each of those authorities, free of charge, at reasonable hours and at a convenient place, until the Secretary of State makes the order or notifies the local authority in question that he has determined not to make it.

Textual Amendments

F3 Para. 4(aa) inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 69(4)

5 E+W+S Copies of the draft order and of the map to which it refers shall similarly be kept available by the Secretary of State, until he makes the order or determines not to make it.

6 E+W+S The Secretary of State may make the order, either without modifications or with such modification only as consists in reducing the area affected, at any time after the end of the period of six weeks beginning with the date on which notice of his proposal to make the order is first published in accordance with paragraph 3(2)(a) above.

7 E+W+S On making the order, the Secretary of State shall—

(a) publish notice in two successive weeks in the London Gazette and in one or more local newspapers circulating in the locality in which the area affected is situated, stating that the order has been made and describing the area affected and the effect of the order; and

(b) deposit a copy of the order and of the map to which it refers with each local authority concerned. [F4 and

(c) send to the Commission a copy of the order and of the map to which it refers (if the area designated is situated in England).]

Textual Amendments

F4 Para. 7(c) inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 69(5)