Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

• Permanent Page URL

Requirements, etc., regarding consultation on special protection

22. (1) Subject to section 15 (8), Chapter 9 and sections 53 to 60 , where the Minister proposes, by way of a Register action (in this Act referred to as a “potential Register action (section 22)”, to apply, or remove the application of, special protection to the potential Register action monument (section 22), he or she shall—

(a) subject to subsection (2), give notice of the potential Register action (section 22) (in this Act referred to as a “section 22 consultation notice”) to the owner of the land on which the monument is situated—

(i) containing or accompanied by a map which shows where the monument is situated,

(ii) specifying whether special protection is going to be applied to the monument or the special protection that applies to the monument is going to be removed (and, in the latter case, whether or not the potential Register action ( section 22 ) would, if proceeded with, cause the monument to cease to be a registered monument by virtue of all the particulars of the monument being deleted from the Register), and

(iii) containing such other information (if any) in respect of the potential Register action (section 22) or the monument, or both, as the Minister considers appropriate,

(b) consider the representations in writing (if any) made to the Minister by the owner in respect of the potential Register action (section 22)—

(i) where such representations are so made before the expiration of the first 90 days of the 150 days referred to in subsection (3)(a), and

(ii) to the extent that the representations are not inconsistent with section 14 (3) or (7) or 20 ,

and

(c) subject to subsections (2) and (7), after so considering such representations (if any), proceed or decline to proceed with the potential Register action (section 22) and give the owner notice in writing of his or her decision and the reasons therefor.

(2) Where the Minister is unable to give the section 22 consultation notice or a notice referred to in subsection (1)(c) to the owner of land because the identity and whereabouts of the owner are unknown, the Minister shall, as soon as is practicable after deciding that he or she is so unable, publish that notice (including, in the case of the section 22 consultation notice, the relevant map if the map is not contained in the notice) in a national newspaper.

(3) Where the Minister proposes, by way of a potential Register action (section 22), to apply special protection to the potential Register action monument (section 22), section 30 shall be deemed to apply to the monument from the date on which the Minister gives the section 22 consultation notice in respect of the potential Register action (section 22) until—

(a) 150 days after the giving of the notice,

(b) the Minister proceeds with the potential Register action (section 22),

(c) the Minister gives a notice referred to in subsection (1)(c) stating that he or she has declined to proceed with the potential Register action (section 22), or

(d) the monument becomes a national monument,

whichever first occurs.

(4) The interim special protection applied to the potential Register action monument (section 22) shall apply in place of the general protection (if any) applied to the monument immediately before the interim special protection was applied to the monument.

(5) The interim special protection applied to the potential Register action monument (section 22) shall not prejudice the operation of any licence granted in respect of the monument before such protection applied to the monument.

(6) The giving by the Minister of a notice referred to in subsection (1)(c) stating that he or she has declined to proceed with the potential Register action (section 22) shall not operate to prevent the Minister from deciding to implement the potential Register action (section 22) at a later date provided that the provisions of this section have again been complied with in respect of the potential Register action (section 22).

(7) Where the Minister is minded to take a potential Register action which, if taken, will remove the application of special protection to the potential Register action monument, he or she shall—

(a) publish, on the website of the Department, particulars of the action,

(b) consult with the Council to seek its views (if any) on the action,

(c) have regard to those views (if any) in deciding whether or not to take the action, and

(d) if the Minister takes that action (or another Register action in substitution therefor) contrary to those views (if any), publish, on the website of the Department, a reasoned response to those views.

(8) The Council may, for the purposes of forming any views referred to in subsection (7)(b), consult with such public authorities or other persons as it thinks fit.

(9) In this section, “interim special protection”, in relation to the potential Register action monument (section 22), means the special protection deemed to be applied to the monument pursuant to subsection (3).