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

SCHEDULES

SCHEDULE 2 E+W+S Designation Orders

Designation orders by a local authority E+W+S

8 (1) A designation order made by a local authority 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 may be prescribed.

9 E+W+S Before making a designation order a local authority shall—

(a) consult any other local authority concerned; and

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

in accordance with paragraph 10 below.

[F1 9A E+W+S Before making a designation order a local authority shall notify the Commission of their proposal to make the order, if the area which would be designated by the order is situated in England.]

Textual Amendments

F1 Para. 9A inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 69(6)

10 (1) The consultation required by sub-paragraph (a) of paragraph 9 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 9(b) above shall be in the prescribed form and shall otherwise comply with paragraph 3(2) above (with the necessary modifications).

11 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 (other than the local authority proposing to make the order) on or before the date on which notice of the proposal to make the order is first published in accordance with paragraph 3(2)(a) above as applied by paragraph 10 above; and

(b) shall be kept available for public inspection by each of the local authorities concerned, free of charge at reasonable hours and at a convenient place, until the local authority proposing to make the order either make it or determine not to make it and, in the case of any other local authority concerned, notify that local authority of their determination.

12 E+W+S The local authority may make the order, either without modifications or with such modification only as consists in reducing the area affected, and submit it to the Secretary of State for confirmation, at any time after the end of the period of six weeks beginning with the date on which notice of their proposal to make the order is first published in accordance with paragraph 3(2)(a) above as applied by paragraph 10 above.

13 E+W+S A designation order made by a local authority shall not take effect unless it is confirmed by the Secretary of State, and the Secretary of State may confirm any such order either without modifications or with such modification only as consists in reducing the area affected.

14 E+W+S If the Secretary of State confirms the order the local authority shall on being notified that the order has been confirmed—

(a) publish notice of the making of the order in the manner and form prescribed; and

(b) deposit a copy of the order and of the map to which it refers with any other local authority concerned. [F2 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

F2 Para. 14(c) inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 69(7)

15 E+W+S The Secretary of State may by regulations prescribe the procedure to be followed by a local authority in submitting a designation order for confirmation by the Secretary of State.