Ancient Monuments and Archaeological Areas Act 1979

61 Interpretation

(1) In this Act—

• " ancient monument " has the meaning given by subsection (12) below;

• " area of archaeological importance " means an area designated as such under section 33 of this Act;

• " designation order " means an order under that section;

• " enactment " includes an enactment in any local or private Act of Parliament, and an order, rule, regulation, bye-law or scheme made under an Act of Parliament;

• " flooding operations " means covering land with water or any other liquid or partially liquid substance;

• " functions " includes powers and duties;

• " guardianship deed " has the meaning given by section 12(6) of this Act;

• " land " means—

  (a)

  in England and Wales, any corporeal hereditament ;

  (b)

  in Scotland, any heritable property ;

  including a building or a monument and, in relation to any acquisition of land, includes any interest in or right over land ;

• " local authority " means—

  (a)

  in England and Wales, the council of a county or district, the Greater London Council, the council of a London borough, and the Common Council of the City of London; and

  (b)

  in Scotland, the planning authority within the meaning of Part IX of the [1973 c. 65.] Local Government (Scotland) Act 1973 ;

• " monument " has the meaning given by subsection (7) below;

• " owner ", in relation to any land in England and Wales means (except for the purposes of paragraph 2(1) of Schedule 1 to this Act and any regulations made for the purposes of that paragraph) a person, other than a mortgagee not in possession, who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land, or where the land is not let at a rack rent, would be so entitled if it were so let;

• " possession " includes receipt of rents and profits or the right to receive rents and profits (if any);

• " prescribed " means prescribed by regulations made by the Secretary of State;

• " the Schedule " has the meaning given by section 1(1) of this Act;

• " scheduled monument " has the meaning given by section 1(11) of this Act and references to "scheduled monument consent" shall be construed in accordance with section 2(3) and 3(5) of this Act;

• " the statutory maximum " means—

  (a)

  in England and Wales the prescribed sum within the meaning of section 28 of the [1977 c. 45.] Criminal Law Act 1977 (that is to say, £1,000 or another sum fixed by order under section 61 of that Act to take account of changes in the value of money); and

  (b)

  in Scotland—

  (i)

  on conviction in the sheriff court, the prescribed sum within the meaning of section 289B of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (that is to say, £1,000 or another sum fixed by order under section 289D of that Act for that purpose);

  (ii)

  on conviction in the district court, the sum of £200;

• " tipping operations " means tipping soil or spoil or depositing building or other materials or matter (including waste materials or refuse) on any land ; and

• " works " includes operations of any description and, in particular (but without prejudice to the generality of the preceding provision) flooding or tipping operations and any operations undertaken for purposes of agriculture (within the meaning of the [1971 c. 78.] Town and Country Planning Act 1971 or, as regards Scotland, the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972) or forestry (including afforestation).

(2) In this Act " statutory undertakers " means—

(a) persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of electricity, gas, hydraulic power or water;

(b) the British Airports Authority, the Civil Aviation Authority, the National Coal Board, the Post Office and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for any of the purposes of the Town and Country Planning Act 1971 or of the Town and Country Planning (Scotland) Act 1972 ; and

(c) any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph.

(3) For the purposes of sections 14(1) and 21(2) of this Act and paragraph 6(1)(b) and (2)(b) of Schedule 3 to this Act a person shall be taken to be immediately affected by the operation of a guardianship deed relating to any land if he is bound by that deed and is in possession or occupation of the land.

(4) For the purposes of this Act "archaeological investigation " means any investigation of any land, objects or other material for the purpose of obtaining and recording any information of archaeological or historical interest and (without prejudice to the generality of the preceding provision) includes in the case of am archaeological investigation of any land—

(a) any investigation for the purpose of discovering and revealing and (where appropriate) recovering and removing any objects or other material of archaeological or historical interest situated in, on or under the land ; and

(b) examining, testing, treating, recording and preserving any such objects or material discovered during the course of any excavations or inspections carried out for the purposes of any such investigation.

(5) For the purposes of this Act, an archaeological examination of any land means any examination or inspection of the land (including any buildings or other structures thereon) for the purpose of obtaining and recording any information of archaeological or historical interest.

(6) In this Act references to land associated with any monument (or to associated land) shall be construed in accordance with section 15(6) of this Act.

(7) " Monument" means (subject to subsection (8) below)—

(a) any building, structure or work, whether above or below the surface of the land, and any cave or excavation;

(b) any site comprising the remains of any such building, structure or work or of any cave or excavation; and

(c) any site comprising, or comprising the remains of, any vehicle, vessel, aircraft or other movable structure or part thereof which neither constitutes nor forms part of any work which is a monument within paragraph (a) above;

and any machinery attached to a monument shall be regarded as part of the monument if it could not be detached without being dismantled.

(8) Subsection (7)(a) above does not apply to any ecclesiastical building for the time being used for ecclesiastical purposes, and subsection (7)(c) above does not apply—

(a) to a site comprising any object or its remains unless the situation of that object or its remains in that particular site is a matter of public interest;

(b) to a site comprising, or comprising the remains of, any vessel which is protected by an order under section 1 of the [1973 c. 33.] Protection of Wrecks Act 1973 designating an area round the site as a restricted area.

(9) For the purposes of this Act, the site of a monument includes not only the land in or on which it is situated but also any land comprising or adjoining it which appears to the Secretary of State or a local authority, in the exercise in relation to that monument of any of their functions under this Act, to be essential for the monument's support and preservation.

(10) References in this Act to a monument include references—

(a) to the site of the monument in question; and

(b) to a group of monuments or any part of a monument or group of monuments.

(11) References in this Act to the site of a monument—

(a) are references to the monument itself where it consists of a site ; and

(b) in any other case include references to the monument itself.

(12) " Ancient monument" means—

(a) any scheduled monument; and

(b) any other monument which in the opinion of the Secretary of State is of public interest by reason of the historic, architectural, traditional, artistic or archaeological interest attaching to it.

(13) In this section "remains" includes any trace or sign of the previous existence of the thing in question.