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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 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|Bibliography#HMSO 1979|target='_blank'], 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|Bibliography#Ancient Monuments and Archaeological Areas Act 1979|target='_blank'], 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 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|Bibliography#The Stationery Office 2003|target='_blank'].
*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|Bibliography#Public Appointments and Public Bodies etc. (Scotland) Act 2003|target='_blank'].
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The DCMS is responsible under the [Protection of Wrecks Act 1973|Bibliography#HMSO 1973|target='_blank'] 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|Bibliography#Protection of Wrecks Act 1973|target='_blank'] 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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Portable objects are covered by various protection measures. [The Treasure Act 1996|Bibliography#HMSO 1996|target='_blank'] (applies in England, Wales and Northern Ireland) which came into effect in September 1997 defines 4 categories of treasure. A revised [code of practice|Bibliography#DCMS 2000|target='_blank'] 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|target='_blank']). 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)|Bibliography#English Heritage 2006|target='_blank'].
Portable objects are covered by various protection measures. [The Treasure Act 1996|Bibliography#Treasure Act 1996|target='_blank'] (applies in England, Wales and Northern Ireland) which came into effect in September 1997 defines 4 categories of treasure. A revised [code of practice|Bibliography#DCMS 2000|target='_blank'] 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|target='_blank']). 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)|Bibliography#English Heritage 2006|target='_blank'].
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__''[Ancient Monuments and Archaeological Areas Act 1979|Bibliography#HMSO 1979|target='_blank']''__: [[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.
__''[Ancient Monuments and Archaeological Areas Act 1979|Bibliography#Ancient Monuments and Archaeological Areas Act 1979|target='_blank']''__: [[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|Bibliography#The Stationery Office 1990|target='_blank']''__: (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.
__''[Planning (Listed Buildings and Conservation Areas) Act 1990|Bibliography#Planning (Listed Buildings and Conservation Areas) Act 1990|target='_blank']''__: (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.
This page (revision-86) was last changed on 25-Sep-2018 15:48 by Staffordshire Historic Environment RecordTop