Statutory Instrument 1996 No. 1507 (S.134)

The Ancient Monuments (Class Consents) (Scotland) Order 1996

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1996 No. 1507 (S.134)

ANCIENT MONUMENTS

The Ancient Monuments (Class Consents) (Scotland) Order 1996

The Secretary of State, in exercise of the powers conferred on him by section 3, as read with section 60(1), of the Ancient Monuments and Archaeological Areas Act 1979^[1] , and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement, extent and revocation
    1.—(1)  This Order may be cited as the Ancient Monuments (Class Consents) (Scotland) Order 1996 and shall come into force on 11th July 1996.

    (2)  This Order shall extend to Scotland only.

    (3)  The Ancient Monuments (Class Consents) (Scotland) Order 1981^[2] is hereby revoked.

Interpretation
    2.    In this Order-
"the Act" means the Ancient Monuments and Archaeological Areas Act 1979;
"domestic gardening works" includes works executed in the non-commercial cultivation of allotments;
"horticultural works" includes domestic gardening works;
"ploughed land" means land on which ploughing has been executed regularly and lawfully and at intervals not exceeding 10 years in duration as part of an established agricultural regime.

Grant of scheduled monument consent
    3.—(1)  Subject to the provisions of this article, scheduled monument consent is hereby granted under section 3 of the Act for the execution of works of any class or description specified in the Schedule to this Order.

    (2)  The scheduled monument consent hereby granted is subject to any conditions specified in the Schedule referred to in paragraph (1) above in relation to works of a particular class or description.

    (3)  Nothing in this article shall operate so as to grant scheduled monument consent for the execution of works contrary to any condition attached to a scheduled monument consent granted under Part I of the Act otherwise than by this Order.

Transitional provision
    4.    Nothing in this Order shall operate so as to require the grant of scheduled monument consent for the execution of works commenced, though not completed, before this Order comes into force, where, but for this Order, execution of those works would not have required the grant of such consent.

Lindsay

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

4th June 1996

[1] 1979 c. 46. back

[2] S.I. 1981/1468. back

Explanatory Note