National Heritage Act 1983

Town and Country Planning Act 1971 (c. 78)

15 (1) In the Town and Country Planning Act 1971 ("the 1971 Act") section 28 (publicity for applications affecting conservation areas) shall be amended as follows.

(2) After subsection (2) there shall be inserted—

“(2A) In a case where the land is situated in England, the local, county or district planning authority (as the case may be) shall send a copy of the notice to the Historic Buildings and Monuments Commission for England.

(2B) Where the Secretary of State, after consulting with the Commission, notifies a local, county or district planning authority in writing that subsection (2A) of this section shall not affect the authority as regards any notice relating to any kind of application specified in the notification, then that subsection shall not affect the authority as regards any such notice.

(2C) The Secretary of State shall send to the Commission a copy of any notification made under subsection (2B) of this section.”

(3) Nothing in this paragraph affects a notice published before the appointed day.

16 (1) Section 54 of the 1971 Act (lists of buildings of special architectural or historic interest) shall be amended as follows.

(2) In subsection (1) after " compiled by " there shall be inserted " the Historic Buildings and Monuments Commission for England (in this section referred to as ' the Commission') or by " and at the end of that subsection there shall be inserted—

“The Secretary of State shall not approve under this subsection any list compiled by the Commission if the list contains any building situated outside England.”

(3) In subsection (3) for " such " there shall be substituted " the Commission and with such other " and at the end of that subsection there shall be inserted—

“The Secretary of State shall consult with the Commission under this subsection only in relation to buildings which are situated in England.”

(4) In subsection (11) after "shall" there shall be inserted " (subject to subsection (12) of this section) ".

(5) After subsection (11) there shall be inserted—

“(12) Where a direction mentioned in subsection (11) of this section relates to a building situated in England, that subsection shall not apply but the Secretary of State shall consult with the Commission, who shall in turn consult with the persons mentioned in paragraphs (a) to (d) of that subsection.”

17 At the end of section 100(1) of the 1971 Act (power of Secretary of State to serve listed building enforcement notice) there shall be inserted—

“Where the land is situated in England, the Secretary of State shall also consult with the Historic Buildings and Monuments Commission for England before he serves a notice under this subsection.”

18 (1) Section 101 of the 1971 Act (urgent works for preservation of unoccupied buildings) shall be amended as follows.

(2) At the end of subsection (3) there shall be inserted—

“Before making a direction under this subsection in relation to a building situated in England, the Secretary of State shall consult with the Historic Buildings and Monuments Commission for England (in this section referred to as ' the Commission ').”

(3) After subsection (5) there shall be inserted—

“(5A) If it appears to the Secretary of State that any works are urgently necessary for the preservation of a building to which this section applies and which is situated in England, and if he would (apart from this subsection) act as mentioned in subsection (5) above, he shall (instead of so acting) authorise the Commission to execute such works as are specified in the authorisation.

(5B) In that case, the Commission may execute the works after giving the owner of the building not less than seven days notice in writing of their intention to do so.”

(4) In subsection (6) after " (5) above " there shall be inserted " and the Secretary of State may give notice to the owner of the building requiring him to pay the expenses of any works executed under subsection (5B) above ".

(5) In subsection (9) after " the local authority " there shall be inserted " (and the Commission, in a case where they have executed the works concerned) ".

(6) Nothing in sub-paragraph (3) affects works in respect of which a notice was served under section 101(5) of the 1971 Act before the appointed day.

19 After section 114(3) of the 1971 Act (compulsory acquisition of listed building in need of repair) there shall be inserted—

“(3A) The Secretary of State shall consult with the Historic Buildings and Monuments Commission for England before he makes or confirms a compulsory purchase order for the acquisition by virtue of this section of any building situated in England.”

20 After section 115(3) of the 1971 Act (repairs notice as preliminary to compulsory acquisition under section 114) there shall be inserted—

“(3A) The Secretary of State shall consult with the Historic Buildings and Monuments Commission for England before he serves or withdraws a repairs notice in relation to a building situated in England.”

21 After section 277(6) of the 1971 Act (designation of conservation areas) there shall be inserted—

“(6A) Where a designation under subsection (1) or (2) above, or a variation or cancellation of it, affects an area in England, subsection (6) above shall have effect as if the first reference to the Secretary of State were a reference to him and the Historic Buildings and Monuments Commission for England ; and where a designation under subsection (4) above, or a variation or cancellation of it, affects an area in England, subsection (6) above shall have effect as if the second reference to a local planning authority were a reference to the authority and the Commission.”