Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Chapter 7 Works carried out at registered monument, etc. | ||
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Works carried out at registered monument, etc. | ||
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42. (1) Subject to subsection (2), any works which are carried out, or proposed to be carried out, at, on, in, under, to, or within the immediate surroundings of, any site shown on a relevant map as a registered monument shall— | ||
(a) for the purposes of any provisions of this Act requiring that any thing be done under and in accordance with a licence or after the giving of a notice under this Act, and | ||
(b) for the purposes of any proceedings, | ||
be taken to have been carried out, or proposed to be carried out, at, on, in, under, to, or within the immediate surroundings of, as the case may be, that monument unless the contrary is shown. | ||
(2) Where a specific notice is given in respect of a registered monument subsequent to a general notice being made available for inspection by members of the public in respect of that monument (and regardless of how many monuments the general notice relates to), the reference to “relevant map” in subsection (1) shall not include the relevant map contained in or accompanying the general notice to the extent that that relevant map relates to that monument. | ||
(3) Any works which are carried out, or proposed to be carried out, at, on, in, under, to, or within the immediate surroundings of, any site shown on a map contained in or accompanying a section 22 consultation notice, section 23 consultation notice, or draft general notice, shall— | ||
(a) for the purposes of any provisions of this Act requiring that any thing be done under and in accordance with a licence or after the giving of a notice under this Act, and | ||
(b) for the purposes of any proceedings, | ||
be taken to have been carried out, or proposed to be carried out, at, on, in, under, to, or within the immediate surroundings of, as the case may be, the potential Register action monument concerned unless the contrary is shown. | ||
(4) In this section, “potential Register action monument” means— | ||
(a) a potential Register action monument ( section 22 ) to which special protection applies pursuant to section 22 (3), or | ||
(b) a potential Register action monument ( section 23 ) to which general protection applies pursuant to section 23 (3). |