Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

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Consultation on entering particulars of potential Register action monumentin Register where no special protection is intended to be applied to monument

23. (1) Subject to section 15 (8), Chapter 9 and sections 53 to 60 , 71 and 72 , where the Minister proposes a Register action (in this Act referred to as a “potential Register action (section 23)”), he or she—

(a) shall give notice of the potential Register action (section 23) in one or more than one of the following ways as he or she considers appropriate:

(i) subject to subsection (2), by giving a notice (in this Act referred to as a “section 23 consultation notice”) to the owner of the land on which the potential Register action monument (section 23) is situated—

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

(II) if the monument is a registered monument to which general protection applies, specifying whether or not the potential Register action (section 23) 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 23) or the monument, or both, as the Minister considers appropriate;

(ii) by publishing, in a national newspaper, a notice (in this Act referred to as a “section 23 general list consultation notice”) stating that a draft of the general list notice that would be the subject of a national newspaper notice under paragraph (b) of section 19 (1) if the Minister decided to proceed with the potential Register action (section 23) has been made available, by the Minister, for inspection by members of the public—

(I) on the website of the Department, and

(II) at such relevant sites, in the geographical area to which the potential Register action (section 23) relates, specified by the Minister in the section 23 general list consultation notice as the Minister considers appropriate;

(iii) by publishing, in a national newspaper, a notice (in this Act referred to as a “section 23 revised general list consultation notice”) stating that a draft of the revised general list notice that would be the subject of a national newspaper notice under paragraph (c) of section 19 (1) if the Minister decided to proceed with the potential Register action (section 23) has been made available, by the Minister, for inspection by members of the public—

(I) on the website of the Department, and

(II) at such relevant sites, in the geographical area to which the potential Register action (section 23) relates, specified by the Minister in the section 23 revised general list consultation notice as the Minister considers appropriate;

(b) shall consider the representations in writing (if any) made to the Minister by the owner in respect of the potential Register action (section 23)—

(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 (6), shall, after so considering such representations (if any), proceed or decline to proceed with the potential Register action (section 23), or take such other action in respect of the potential Register action monument (section 23) (including action under section 22 ) as he or she thinks appropriate, 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 23 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 23 consultation notice, the relevant map if the map is not contained in the notice) in a national newspaper.

(3) Where general protection or special protection is not otherwise applied to the potential Register action monument (section 23), section 27 shall be deemed to apply to the monument from the date on which the Minister gives the section 23 consultation notice, or publishes the section 23 general list consultation notice or section 23 revised general list consultation notice, as the case may be, in a national newspaper in respect of the potential Register action (section 23) until—

(a) 150 days after the giving of the notice or such publication of the notice,

(b) the Minister proceeds with the potential Register action (section 23), or

(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 23),

whichever first occurs.

(4) A potential Register action (section 23) relating to the deletion of all the particulars entered in the Register in respect of the potential Register action monument (section 23) shall not affect the general protection applied to the monument unless and until the Minister proceeds with the potential Register action (section 23).

(5) The interim general protection applied to the potential Register action monument (section 23) 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 23) shall not operate to prevent the Minister from deciding to implement the potential Register action (section 23) at a later date provided that the provisions of this section have again been complied with in respect of the potential Register action (section 23).

(7) In this section, “interim general protection”, in relation to the potential Register action monument (section 23), means the general protection deemed to be applied to the monument pursuant to subsection (3).