The Ancient Monuments (Claims for Compensation) (Wales) Regulations 1991

• Citation: S.I. 1991/2647
• Sections: 2

Section 1 Citation, commencement, interpretation and extent

(1) These regulations may be cited as the Ancient Monuments (Claims for Compensation) (Wales) Regulations 1991, and shall come into force on 20th December 1991.

(2) In these Regulations, “ the Act ” means the Ancient Monuments and Archaeological Areas Act 1979.

(3) These Regulations apply only in relation to monuments or land, or to chattels on land, in Wales.

Section 2 Claims for compensation under sections 7, 9 or 46 of the Ancient Monuments and Archaelogical Areas Act 1979

(1) A claim for compensation under sections 7, 9 or 46 of the Act shall be made in the form set out in the Schedule hereto, or in a form substantially to the like effect, and shall be delivered or sent by the recorded delivery service to the person against whom the claim is made.

(2) Subject as mentioned below, a claim for compensation under sections 7, 9 or 46 of the Act shall be made within a period of 6months beginning with—

(a) in the case of a claim under section 7 of the Act, the date of refusal, or grant subject to conditions, of schedules monument consent;

(b) in the case of a claim under section 9 of the Act—

(i) where subsection (2)(a) applies (scheduled monument consent granted by order under section 3 of the Act ceasing to apply), the date when, on an application for scheduled monument consent for the works in question, consent is refused, or is granted subject to conditions other than those which previously applied under the order;

(ii) where subsection (2)(b) applies (modification or revocation of a scheduled monument consent under section 4 of the Act), the date when the direction is given under section 4(3) of the Act;

(iii) where subsection (2)(c) applies, the date when in accordance with paragraph 8 of Schedule 1 to the Act the works specified or indicated in a notice of proposed modification or revocation of scheduled monument consent under paragraph 5 of that Schedule cease to be authorised; or

(c) in the case of a claim under section 46 of the Act, the date on which the damage occurred,

but in any particular case the Secretary of State may at any time extend the said period or allow further time within which a claim may be made.