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SectionA.4
SectionA.4

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HERs operate within a complex framework of legislation and government policy guidance, which together provide for the protection and management of the historic environment and its presentation to the public. A summary of key legislation is give in [Panel 1|http://archaeologydataservice.ac.uk/ifp/Wiki.jsp?page=SectionA.4#section-SectionA.4-Panel1TheNationalLegislativeAndPolicyFrameworkForHERs]. The [Ancient Monuments and Archaeological Areas Act 1979|http://www.legislation.gov.uk/ukpga/1979/46], is a UK-wide Act, although part II relating to archaeological areas was never introduced in Wales or Scotland. Other legislation is more nation-specific. (see [Panel 1|http://archaeologydataservice.ac.uk/ifp/Wiki.jsp?page=SectionA.4#section-SectionA.4-Panel1TheNationalLegislativeAndPolicyFrameworkForHERs]).
HERs operate within a complex framework of legislation and government policy guidance, which together provide for the protection and management of the historic environment and its presentation to the public. A summary of key legislation is given in [Panel 1|http://archaeologydataservice.ac.uk/ifp/Wiki.jsp?page=SectionA.4#section-SectionA.4-Panel1TheNationalLegislativeAndPolicyFrameworkForHERs]. The [Ancient Monuments and Archaeological Areas Act 1979|http://www.legislation.gov.uk/ukpga/1979/46], is a UK-wide Act, although part II relating to archaeological areas was never introduced in Wales or Scotland. Other legislation is more nation-specific. (see [Panel 1|http://archaeologydataservice.ac.uk/ifp/Wiki.jsp?page=SectionA.4#section-SectionA.4-Panel1TheNationalLegislativeAndPolicyFrameworkForHERs]).
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*In England English Heritage is responsible for the scheduling of monuments and the listing of historic buildings on behalf of the Secretary of State for Culture Media and Sport in accordance with the primary legislation The listing of buildings was transferred to English Heritage from the Department for Culture, Media and Sport (DCMS) in April 2005. Other changes will be introduced as a result of the Government's consultation [The Review of Heritage Protection: The Way Forward|http://www.architecture.com/Files/RIBAHoldings/PolicyAndInternationalRelations/Policy/PublicAffairs/DCMSHeritageReview.pdf] (DCMS 2004).
*In Scotland where there is devolved government, culture is a devolved matter and Scottish Ministers are responsible for scheduling and listing. Historic Scotland, an agency of the Scottish Executive, advises Scottish Ministers on conservation matters. Scottish Ministers also receive advice from the Historic Environment Advisory Council for Scotland (HEACS), formed following the abolition of the Ancient Monument Board for Scotland and the Historic Building Council for Scotland in 2003 under the Public Bodies Act 2003.
*In Wales responsibility for the heritage is devolved to the Welsh Government (WG) who are responsible for scheduling and listing. Cadw, the historic envirronment service of the WG, are responsible for advising Welsh Ministers on such matters and for the day to day operation of heritage legislation.
*In England [English Heritage|Glossary#English Heritage|target='_blank'] is responsible for the [scheduling|Glossary#scheduling|target='_blank'] of monuments and the listing of historic buildings on behalf of the Secretary of State for Culture Media and Sport in accordance with the primary legislation The listing of buildings was transferred to English Heritage from the Department for Culture, Media and Sport (DCMS) in April 2005. Other changes will be introduced as a result of the Government's consultation [The Review of Heritage Protection: The Way Forward|http://www.architecture.com/Files/RIBAHoldings/PolicyAndInternationalRelations/Policy/PublicAffairs/DCMSHeritageReview.pdf] (DCMS 2004).
*In Scotland where there is devolved government, culture is a devolved matter and Scottish Ministers are responsible for scheduling and listing. [Historic Scotland|Glossary#Historic Scotland|target='_blank'], an agency of the Scottish Executive, advises Scottish Ministers on conservation matters. Scottish Ministers also receive advice from the Historic Environment Advisory Council for Scotland (HEACS), formed following the abolition of the Ancient Monument Board for Scotland and the Historic Building Council for Scotland in 2003 under the Public Bodies Act 2003.
*In Wales responsibility for the heritage is devolved to the Welsh Government (WG) who are responsible for scheduling and listing. [Cadw|Glossary#Cadw|target='_blank'], the historic environment service of the WG, are responsible for advising Welsh Ministers on such matters and for the day to day operation of heritage legislation.
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The United Nations Educational, Scientific and Cultural Organisation (UNESCO) World Heritage Convention provides for the identification, protection and presentation of cultural and natural sites of outstanding universal value. Currently. there are 23 sites in Britain (16 in England, 4 in Scotland, 2 in Wales and 1 in Northern Ireland). The Antonine Wall in Scotland is to be proposed for nomination as part of a distributed single trans-national World Heritage Site (the Frontiers of the Roman Empire) to include Hadrian's Wall. Although there is no special legislation, impact on a World Heritage Site is a material consideration in the planning process as set out in planning guidance (PPG15 (England), Planning Policy Wales (Wales) and [NPPG 18 (Scotland)|http://www.scotland.gov.uk/Publications/1999/04/nppg18/]).
The United Nations Educational, Scientific and Cultural Organisation (UNESCO) World Heritage Convention provides for the identification, protection and presentation of cultural and natural sites of outstanding universal value. Currently there are 23 sites in Britain (16 in England, 4 in Scotland, 2 in Wales and 1 in Northern Ireland). The Antonine Wall in Scotland is to be proposed for nomination as part of a distributed single trans-national World Heritage Site (the Frontiers of the Roman Empire) to include Hadrian's Wall. Although there is no special legislation, impact on a World Heritage Site is a material consideration in the planning process as set out in planning guidance (PPG15 (England), Planning Policy Wales (Wales) and [NPPG 18 (Scotland)|http://www.scotland.gov.uk/Publications/1999/04/nppg18/]).
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Central government (DCMS in England, Historic Scotland in Scotland, Welsh Government in Wales) has sole responsibility for enforcing legislation on scheduled monuments. With the exception of works defined in the [Ancient Monuments (Class Consents) Order 1994|http://www.legislation.gov.uk/uksi/1994/1381/made], scheduled-monument consent must be granted by the relevant Ministers in the national countries for all works, including archaeological excavations.
Central government ([DCMS|Glossary#DCMS|target='_blank'] in England, Historic Scotland in Scotland, Welsh Government in Wales) has sole responsibility for enforcing legislation on [scheduled monuments|Glossary#SM|target='_blank']. With the exception of works defined in the [Ancient Monuments (Class Consents) Order 1994|http://www.legislation.gov.uk/uksi/1994/1381/made], scheduled-monument consent must be granted by the relevant Ministers in the national countries for all works, including archaeological excavations.
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Local planning authorities are responsible for granting and refusing consent to alter or demolish a listed building in consultation with the relevant national agencies and the statutory amenity societies. There is a right of appeal to the relevant Ministers advised by the respective national agencies body (English Heritage, Historic Scotland, Cadw). For England, English Heritage also maintains a Register of Buildings at Risk (grades I, II* and structural scheduled moments). In Scotland a similar register is maintained by the Scottish Civic Trust on behalf of Historic Scotland which fully funds the programme (see [www.buildingsatrisk.org.uk/|http://www.buildingsatrisk.org.uk/]). Some local authorities also maintain a list of locally important buildings which will be taken into account in the planning process.
Local planning authorities are responsible for granting and refusing consent to alter or demolish a listed building in consultation with the relevant national agencies and the statutory amenity societies. There is a right of appeal to the relevant Ministers advised by the respective national agencies body (English Heritage, Historic Scotland, Cadw). For England, English Heritage also maintains a Register of Buildings at Risk (grades I, II* and structural scheduled moments). In Scotland a similar register is maintained by the Scottish Civic Trust on behalf of Historic Scotland which fully funds the programme (see [www.buildingsatrisk.org.uk/|http://www.buildingsatrisk.org.uk/]). Some local authorities also maintain a list of locally important buildings which will be taken into account in the planning process.
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The DCMS is responsible under the [Protection of Wrecks Act 1973|http://www.legislation.gov.uk/ukpga/1973/33] for the protection of wrecks, issuing licences for survey or excavation and for enforcing legislation in England. Historic Scotland (Scotland), Cadw (Wales) and DoENI (Northern Ireland) are responsible within their respective territories. At the beginning of 2005, there were fifty-seven designated wreck sites in UK waters (Figure 2) In Scotland Shetland Council holds a lease of an area of the seabed which covers c 15 wrecks.
The DCMS is responsible under the [Protection of Wrecks Act 1973|http://www.legislation.gov.uk/ukpga/1973/33] for the protection of wrecks, issuing licences for survey or excavation and for enforcing legislation in England. Historic Scotland (Scotland), Cadw (Wales) and DoENI (Northern Ireland) are responsible within their respective territories. At the beginning of 2005, there were fifty-seven designated wreck sites in UK waters (Figure 2). In Scotland Shetland Council holds a lease of an area of the seabed which covers c 15 wrecks.
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English Heritage has assembled a Register of Parks and Gardens of special historic interest and another for historic battlefields in England. These registers are used to alert owners and others to the significance of an area of land. Although no additional statutory controls are available, planning authorities are recommended to take account of these sites in preparing development plans (DoE 1994a). Parks and gardens registers exist under similar circumstances in Wales. Since 1998 Registers of Landscapes of Outstanding and Special Historic Interest have been published for Wales, and while these are also non-statutory, planning authorites are advised to take account of registered historic landscapes when preparing development plans and under certain circumstances when considering planning permissions. No battlefields register exists for Wales. In Scotland there is an Inventory of Historic Gardens and Designed Landscapes. Consultation must take place with Historic Scotland in respect of any planning applications affecting an Inventory site under [The Town and Country Planning (General Development Procedure Permitted Development) (Scotland) Order 1992|http://www.legislation.gov.uk/uksi/1992/223/made]. There is no battlefield register for Scotland, although Historic Scotland has commissioned pilot research to produce an informal list.
[English Heritage|Glossary#English Heritage|target=’_blank’] has assembled a Register of Parks and Gardens of special historic interest and another for historic battlefields in England. These registers are used to alert owners and others to the significance of an area of land. Although no additional statutory controls are available, planning authorities are recommended to take account of these sites in preparing development plans (DoE 1994a). Parks and gardens registers exist under similar circumstances in Wales. Since 1998 Registers of Landscapes of Outstanding and Special Historic Interest have been published for Wales, and while these are also non-statutory, planning authorities are advised to take account of registered historic landscapes when preparing development plans and under certain circumstances when considering planning permissions. No battlefields register exists for Wales. In Scotland there is an Inventory of Historic Gardens and Designed Landscapes. Consultation must take place with Historic Scotland in respect of any planning applications affecting an Inventory site under [The Town and Country Planning (General Development Procedure Permitted Development) (Scotland) Order 1992|http://www.legislation.gov.uk/uksi/1992/223/made]. There is no battlefield register for Scotland, although Historic Scotland has commissioned pilot research to produce an informal list.
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Portable objects are covered by various protection measures. [The Treasure Act 1996|http://www.legislation.gov.uk/ukpga/1996/24] (applies in England, Wales and Northern Ireland) which came into effect in September 1997 defines 4 categories of treasure. A revised [code of practice|https://www.gov.uk/government/publications/treasure-act-1996-code-of-practice-2nd-revision-england-and-wales] was issued in 2002. Objects covered by the Act must be reported to local coroners, and to encourage the reporting of objects classed as treasure, the market value of the find is paid to finders or landowners. Finders of metal objects not considered treasure and other archaeological objects from non-scheduled sites are encouraged to report their finds under a voluntary scheme, the Portable Antiquities Scheme. This has established a national network of Finds Liaision Officers (FLOs) in England and Wales, based in museums or HERs ([www.finds.org.uk|http://www.finds.org.uk]). FLOs provide a point of contact for finders in each area, as well as liaising with metal detectorists and HERs. Objects that are fixed to listed buildings are also protected under the legislation for listed buildings. English Heritage has publshed guidance on portable antiquities in relation to its own sites, funded projects and scheduled monuments [Our Portable Past (English Heritage 2006)|http://www.english-heritage.org.uk/publications/our-portable-past/].
Portable objects are covered by various protection measures. [The Treasure Act 1996|http://www.legislation.gov.uk/ukpga/1996/24] (applies in England, Wales and Northern Ireland) which came into effect in September 1997 defines 4 categories of treasure. A revised [code of practice|https://www.gov.uk/government/publications/treasure-act-1996-code-of-practice-2nd-revision-england-and-wales] was issued in 2002. Objects covered by the Act must be reported to local coroners, and to encourage the reporting of objects classed as treasure, the market value of the find is paid to finders or landowners. Finders of metal objects not considered treasure and other archaeological objects from non-scheduled sites are encouraged to report their finds under a voluntary scheme, the Portable Antiquities Scheme. This has established a national network of Finds Liaison Officers (FLOs) in England and Wales, based in museums or HERs ([www.finds.org.uk|http://www.finds.org.uk]). FLOs provide a point of contact for finders in each area, as well as liaising with metal detectorists and HERs. Objects that are fixed to listed buildings are also protected under the legislation for listed buildings. English Heritage has published guidance on portable antiquities in relation to its own sites, funded projects and scheduled monuments [Our Portable Past (English Heritage 2006)|http://www.english-heritage.org.uk/publications/our-portable-past/].
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Churches and other religious buildings may be listed but alterations or building works may also be controlled by special codes of practice. For example, the Church of England and the Church in Wales require the issuing of a Faculty by the Chancellor of the Diocese for alterations to a church, churchyard or church furnishings. Advice to the diocese is given by diocesan archaeologists who are normally in contact with their local HERs. DAC advisors are sometimes a member of staff within a local authority historic environment service. Other denominations have similar schemes. In Scotland internal alterations to listed churches are exempt from the need to obtain listed building consent, although external alterations still require consent. The Church of Scotland refers decisions about internal alterations to its Committee of Artistic Matters, the Scottish Episcopal Church refers internal alterations to its Diocesan Advisory Committee, and internal alterations to Catholic churches are the responsibility of individual priests. Many Scottish churches were built after the Reformation on new sites, off the sites of the pre-Reformation churches and cemeteries. Most pre-Reformation cemeteries are maintained by the local authorities, but the law is complex regarding ownership of these cemeteries. Some of the pre-Reformation church and cemetery sites are scheduled ancient monuments.
Churches and other religious buildings may be listed but alterations or building works may also be controlled by special codes of practice. For example, the Church of England and the Church in Wales require the issuing of a Faculty by the Chancellor of the Diocese for alterations to a church, churchyard or church furnishings. Advice to the diocese is given by diocesan archaeologists who are normally in contact with their local HERs. DAC advisors are sometimes a member of staff within a local authority historic environment service. Other denominations have similar schemes. In Scotland internal alterations to listed churches are exempt from the need to obtain listed building consent, although external alterations still require consent. The Church of Scotland refers decisions about internal alterations to its Committee of Artistic Matters, the Scottish Episcopal Church refers internal alterations to its Diocesan Advisory Committee, and internal alterations to Catholic churches are the responsibility of individual priests. Many Scottish churches were built after the Reformation on new sites, off the sites of the pre-Reformation churches and cemeteries. Most pre-Reformation cemeteries are maintained by the local authorities, but the law is complex regarding ownership of these cemeteries. Some of the pre-Reformation church and cemetery sites are scheduled ancient monuments.
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__''[Ancient Monuments and Archaeological Areas Act 1979|http://www.legislation.gov.uk/ukpga/1979/46]''__: [[Applies to UK (although Part II pertaining to archaeological areas was never introduced in Wales or Scotland)]. Consolidates earlier legislation on the definition and protection of scheduled monuments and authorisation of works affecting scheduled monuments. Also provides for rescue excavation in designated areas of archaeological importance.
__''[Ancient Monuments and Archaeological Areas Act 1979|http://www.legislation.gov.uk/ukpga/1979/46]''__: [[Applies to UK (although Part II pertaining to archaeological areas was never introduced in Wales or Scotland)]. Consolidates earlier legislation on the definition and protection of [scheduled monuments|Glossary#SM|target='_blank'] and authorisation of works affecting scheduled monuments. Also provides for rescue excavation in designated areas of archaeological importance.
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__''[Planning (Listed Buildings and Conservation Areas) Act 1990|http://www.legislation.gov.uk/ukpga/1990/9]''__: [[England and Wales] Covers the designation of listed buildings and conservation areas and the authorisation of works by local planning authorities.
__''[Planning (Listed Buildings and Conservation Areas) Act 1990|http://www.legislation.gov.uk/ukpga/1990/9]''__: [[England and Wales] Covers the designation of [listed buildings|Glossary#Listed Building|target='_blank'] and [conservation areas|Glossary#Conservation Area|target='_blank'] and the authorisation of works by local planning authorities.
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This page (revision-86) was last changed on 25-Sep-2018 15:48 by Staffordshire Historic Environment RecordTop