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(c) no steps may be taken in relation to the building under section 42(1)
of that Act (execution of works specified in notice under section
38(1)) which would be rendered ineffective, or substantially
ineffective, by works proposed to be carried out in exercise of the
5powers under this Act, and

(d) no works may be executed for the preservation of the building under
section 54 of that Act (urgent works to preserve unoccupied listed
buildings) which would be rendered ineffective, or substantially
ineffective, by works proposed to be carried out in exercise of the
10powers under this Act.

(3) In the case of a building specified in table 1 in relation to which any
description of works is specified in column (3) of the table, sub-paragraph
(2)(a) has effect as if the reference to works carried out in exercise of the
powers under this Act were, as regards demolition or alteration works (as
15opposed to extension works), to works so carried out which are of the
specified description.

(4) The reference in sub-paragraph (3) to alteration works does not include
alteration works carried out for heritage or monitoring purposes (see
paragraph 9(2)).

20Buildings authorised to be altered or extended for heritage or monitoring purposes

2 (1) This paragraph applies to a listed building which—

(a) was such a building immediately before 30 September 2013, and

(b) is specified in table 2 (see the end of this Schedule).

(2) In the case of a listed building to which this paragraph applies—

(a) 25section 7 of the Listed Buildings and Conservation Areas Act
(restriction on works affecting listed buildings) does not apply to
alteration or extension works which are carried out, in exercise of the
powers under this Act, for heritage or monitoring purposes (see
paragraph 9(2)),

(b) 30to the extent that a notice issued in relation to the building under
section 38(1) of that Act (enforcement) requires the taking of steps
which would be rendered ineffective, or substantially ineffective, by
works proposed to be carried out in exercise of the powers under this
Act, the notice does not have effect or, as the case may be, ceases to
35have effect,

(c) no steps may be taken in relation to the building under section 42(1)
of that Act (execution of works specified in notice under section
38(1)) which would be rendered ineffective, or substantially
ineffective, by works proposed to be carried out in exercise of the
40powers under this Act, and

(d) no works may be executed for the preservation of the building under
section 54 of that Act (urgent works to preserve unoccupied listed
buildings) which would be rendered ineffective, or substantially
ineffective, by works proposed to be carried out in exercise of the
45powers under this Act.

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Damage to buildings

3 Section 59 of the Listed Buildings and Conservation Areas Act (acts causing
or likely to result in damage to listed buildings) does not apply to anything
done in exercise of the powers under this Act with respect to works.

5Power to disapply provision made by paragraphs 1 to 3

4 (1) The Secretary of State may by order make any provision specified in sub-
paragraph (2) in relation to any work constructed in exercise of the powers
under this Act.

(2) The provision referred to in sub-paragraph (1) is—

(a) 10provision that paragraphs 1(2)(a) and 2(2)(a) do not apply in relation
to relevant works;

(b) provision that paragraphs 1(2)(b) to (d) and 2(2)(b) to 2(2)(d) do not
apply in relation to proposed relevant works;

(c) provision that paragraph 3 does not apply in relation to relevant
15works.

(3) “Relevant works” means works which are—

(a) carried out in exercise of the powers under this Act for the
maintenance or alteration of the work referred to in sub-paragraph
(1), and

(b) 20begun on or after such day as may be specified in an order under that
sub-paragraph.

(4) An order under sub-paragraph (1) may make different provision for
different purposes.

(5) An order under sub-paragraph (1) must be made by statutory instrument;
25and a statutory instrument containing such an order must be laid before
Parliament after being made.

Heritage partnership agreements

5 The provisions of any agreement under section 26A of the Listed Buildings
and Conservation Areas Act (heritage partnership agreements) in relation to
30a building have effect subject to the powers under this Act with respect to
works.

Inspection and observation of works

6 (1) Any person duly authorised in writing by the Historic Buildings and
Monuments Commission for England (“the Commission”) or the relevant
35planning authority may at any reasonable time enter land for the purpose of
inspecting or observing the carrying out in relation to any building on the
land of decontrolled works.

(2) “Relevant planning authority” means the unitary authority or, in a non-
unitary area, the district council in whose area the building is situated.

(3) 40The right under sub-paragraph (1) is not exercisable at a time when the
nominated undertaker reasonably considers that it is not safe to exercise it.

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(4) A person exercising the right under sub-paragraph (1) must comply with
directions given by the nominated undertaker for the purpose of securing
compliance with relevant health and safety provisions.

Recording of buildings

7 (1) 5The nominated undertaker must not carry out decontrolled works
consisting of the demolition of a listed building unless—

(a) notice of the proposal to carry out the works has been given to the
Commission, and

(b) the appropriate period since the giving of the notice has expired.

(2) 10The appropriate period, subject to sub-paragraph (3), is—

(a) 8 weeks, or

(b) such longer period as may have been agreed between the nominated
undertaker and the Commission.

(3) In case of emergency, the appropriate period is such period as is reasonable
15in the circumstances.

(4) In determining whether the appropriate period has expired, any day on
which entry to the building is refused under paragraph 8(2) is to be
disregarded.

8 (1) Following the giving of a notice under paragraph 7(1) in relation to a listed
20building, any person duly authorised in writing by the Commission may, at
any reasonable time during the inspection period, enter the building for the
purpose of recording it.

(2) The right under sub-paragraph (1) is not exercisable at a time when the
nominated undertaker reasonably considers that it is not safe to exercise it.

(3) 25A person exercising the right under sub-paragraph (1) must comply with
directions given by the nominated undertaker for the purpose of securing
compliance with relevant health and safety provisions.

(4) For the purposes of sub-paragraph (1), the inspection period, in relation to a
building which is the subject of a notice under paragraph 7(1), is the
30period—

(a) beginning when notice under that provision is given, and

(b) ending when the prohibition under that provision ceases to apply to
the building.

Interpretation

9 (1) 35In this Schedule—

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(2) For the purposes of this Schedule, works relating to a building are carried
out for heritage or monitoring purposes if the works are carried out for the
purpose of—

(a) maintaining or restoring the building’s character as a building of
5special architectural or historical interest, or

(b) affixing apparatus to any part of the building with a view to
measuring any movement in the building or the ground on which it
is erected in consequence of the carrying out of works in exercise of
the powers under this Act.

(3) 10Anything which, by virtue of section 1(5) of the Listed Buildings and
Conservation Areas Act (objects or structures fixed to, or within curtilage of,
a building), is treated as part of a building for the purposes of that Act is to
be treated as part of the building for the purposes of this Schedule.

Tables

Section 25

SCHEDULE 18 Ancient monuments

Disapplication of controls

1 (1) 15This paragraph has effect in relation to the Ancient Monuments and
Archaeological Areas Act 1979.

(2) Section 2 (control of works affecting scheduled monuments) does not apply
to works authorised by this Act.

(3) The powers of entry under the following provisions are not exercisable in
20relation to land used for or in connection with the carrying out of any of the
works authorised by this Act—

(4) The provisions of the Act with respect to the functions of a person as a
guardian by virtue of the Act, and the provisions of any agreement under
section 17 (agreement concerning ancient monuments and land in their
30vicinity), have effect subject to the powers under this Act with respect to
works.

(5) Section 19 (public access to monuments under public control) does not apply
in relation to a monument which is closed by the nominated undertaker for
the purposes of, or in connection with or in consequence of the carrying out
35of any of the works authorised by this Act.

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(6) Regulations under section 19(3) or (4A) (which may include provision
prohibiting or regulating acts which would tend to injure or disfigure a
monument or its amenities or to disturb the public in their enjoyment of it)
do not apply to anything done in exercise of the powers under this Act with
5respect to works.

(7) The power under section 19(6) (power to refuse admission to monuments
under public control) is not exercisable so as to prevent or restrict the
exercise of the powers under this Act with respect to works.

(8) In section 25 (treatment of ancient monuments)—

(a) 10subsection (2) (superintendence by Commission) does not authorise
the superintendence of the carrying out of any of the works
authorised by this Act, and

(b) subsection (3) (power of Commission to charge for advice under
subsection (1)) does not apply in relation to advice given in
15connection with the carrying out of any of those works.

(9) Section 28 (offence of damaging certain ancient monuments) does not apply
to anything done in exercise of the powers under this Act with respect to
works.

(10) Section 35 (notice required of operations in areas of archaeological
20importance) does not apply to operations carried out in exercise of the
powers under this Act with respect to works.

(11) Section 39(1) (power to investigate in advance of operations notice any site
which may be acquired compulsorily) has effect as if operations carried out
in exercise of the powers under this Act with respect to works were exempt
25operations for the purposes of that provision.

(12) Section 42(1) (prohibition on use of metal detectors in protected places
without consent) does not apply to the use of a metal detector for the
purposes of or in connection with the exercise of the powers under this Act
with respect to works.

(13) 30Section 42(3) (prohibition on removal without consent of object discovered
by use of a metal detector in a protected place) does not apply to the removal
of objects discovered by the use of a metal detector for the purposes of or in
connection with the exercise of the powers under this Act with respect to
works.

2 (1) 35The power of entry under section 36(1) of the National Heritage Act 1983
(entry to obtain information about ancient monuments and historic
buildings for the purposes of the records kept by the Commission) is only
exercisable in relation to land used, or intended for use, for or in connection
with the carrying out of any of the works authorised by this Act with the
40consent of the nominated undertaker, such consent not to be unreasonably
withheld.

(2) Consent for the purposes of sub-paragraph (1) may be granted subject to
compliance with any reasonable requirements or conditions imposed for
reasons of safety or for the purpose of preventing interference with or delay
45to the works.

(3) Section 36(6) of the National Heritage Act 1983 (which, in relation to land on
which works are being carried out, regulates the exercise of the right under

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section 36(1) to enter land to obtain information) does not apply in relation
to land on which works authorised by this Act are being carried out.

(4) Any dispute under this paragraph must be referred to arbitration if the
parties so agree, but must otherwise be determined by the Secretary of State
5for Transport and the Secretary of State for Culture, Media and Sport acting
jointly.

Power to disapply provision made by paragraphs 1 and 2

3 (1) The Secretary of State may by order make any provision specified in sub-
paragraph (2) in relation to any work constructed in exercise of the powers
10under this Act.

(2) The provision referred to in sub-paragraph (1) is—

(a) provision that paragraph 1(2) does not apply in relation to relevant
works;

(b) provision that paragraph 1(3) does not apply in relation to land used
15for or in connection with the carrying out of relevant works;

(c) provision that paragraph 1(8)(a) and (b) do not apply in relation to
relevant works;

(d) provision that paragraph 1(10) and (11) do not apply in relation to
operations carried out in exercise of the powers under this Act which
20are, or are carried out in connection with, relevant works;

(e) provision that paragraph 1(12) does not apply in relation to use of a
metal detector for the purposes of or in connection with relevant
works;

(f) provision that paragraph 1(13) does not apply in relation to removal
25of objects discovered by any such use;

(g) provision that paragraph 2(1) does not apply in relation to land used,
or intended for use, for or in connection with the carrying out of
relevant works;

(h) provision that paragraph 2(3) does not apply in relation to land on
30which relevant works are being carried out.

(3) In this paragraph, “relevant works” means works which are—

(a) carried out in exercise of the powers under this Act for the
maintenance or alteration of the work referred to in sub-paragraph
(1), and

(b) 35begun on or after such day as may be specified in an order under that
subsection.

(4) An order under sub-paragraph (1) may make different provision for
different purposes.

(5) An order under sub-paragraph (1) must be made by statutory instrument;
40and a statutory instrument containing such an order must be laid before
Parliament after being made.

Inspection and observation of works etc

4 (1) Any person duly authorised in writing by the Commission may at any
reasonable time enter land on which (or in or under which) a scheduled
45monument is situated—

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(a) for the purpose of observing or advising upon the exercise in relation
to the land of any of the powers under paragraph 1 of Schedule 2 to
this Act, or

(b) for the purpose of inspecting, observing or advising upon the
5carrying out of any works on the land in exercise of any of the other
powers under this Act.

(2) The right under sub-paragraph (1) is not exercisable at a time when the
nominated undertaker reasonably considers that it is not safe to exercise it.

(3) A person exercising the right under sub-paragraph (1) must comply with
10directions given by the nominated undertaker for the purpose of securing
compliance with relevant health and safety provisions.

(4) In this paragraph, “scheduled monument” has the same meaning as in the
Ancient Monuments and Archaeological Areas Act 1979.

Interpretation

5 15In this Schedule, references to “the Commission” are to the Historic
Buildings and Monuments Commission for England.

Section 26

SCHEDULE 19 Burial grounds

Notice of removal of remains or monument

1 (1) 20Before removing from the land in question any remains or any monument
to the deceased, the nominated undertaker must—

(a) publish in each of two successive weeks in a newspaper circulating
in the area where the land is situated, and

(b) at the same time leave displayed in a conspicuous place on or near
25the land,

a notice complying with sub-paragraph (2).

(2) A notice under sub-paragraph (1) must—

(a) identify the land to which it relates,

(b) set out in general terms the effect of paragraphs 2 to 7 (so far as
30relevant to remains to which sub-paragraph (1) applies),

(c) state where, and in what form, an application under paragraph 2(1)
may be made, and

(d) state how the nominated undertaker proposes to carry out its
functions under this Schedule with respect to the disposal of the
35remains or monument.

(3) No notice is required under sub-paragraph (1) before the removal of any
remains or any monument to the deceased where the Secretary of State
notifies the nominated undertaker that the Secretary of State is satisfied—

(a) that the remains were buried more than 100 years ago, and

(b) 40that no relative or personal representative of the deceased is likely to
object to the remains or monument being removed in accordance
with this Schedule.

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(4) No notice is required under sub-paragraph (1) before the removal of any
remains or any monument to the deceased if—

(a) on the passing of this Act a licence under section 25 of the Burial Act
1857 (bodies not to be removed from burial grounds without licence
5of the Secretary of State) is in force in relation to the remains, and

(b) the holder of the licence is the nominated undertaker or a body
corporate which is a member of the same group as the nominated
undertaker.

(5) In sub-paragraph (4)(b), “group” means a body corporate and all other
10bodies corporate which are its subsidiaries within the meaning given by
section 1159 of the Companies Act 2006.

Removal of remains under licence

2 (1) In the case of remains in relation to which paragraph 1(1) applies, the
nominated undertaker must issue a licence for the removal of the remains
15if—

(a) it receives an application in writing from a relative or personal
representative of the deceased, and

(b) the application is received before the end of the 56 days after the day
on which notice relating to the remains is first published under
20paragraph 1(1)(a).

(2) In the case of remains in relation to which paragraph 1(3) applies, the
nominated undertaker must issue a licence for the removal of the remains
if—

(a) it receives an application in writing from a relative or personal
25representative of the deceased, and

(b) the application is received before the nominated undertaker has
removed the remains under paragraph 4(1).

(3) A licensee under this paragraph may remove the remains to which the
licence relates and bury them elsewhere or cremate them.

(4) 30The nominated undertaker must pay the reasonable costs of removal and
reburial or cremation under this paragraph.

Removal of remains by nominated undertaker

3 (1) In the case of remains in relation to which paragraph 1(1) applies, the
nominated undertaker may remove the remains after the expiry of the
35period of 56 days referred to in paragraph 2(1)—

(a) if no application under paragraph 2(1) has been received, or

(b) in a case where one or more applications under paragraph 2(1) have
been received, if in the case of each application—

(i) a licence has been issued, and

(ii) 40at least 28 days have passed since the issue of the licence
without the remains having been removed.

(2) The nominated undertaker must within two months of the removal of
remains under sub-paragraph (1)—

(a) bury them in a place (whether or not consecrated) which is set apart
45for the purposes of burial, or

(b) cremate them in a crematorium.

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(3) If—

(a) an application is made to the nominated undertaker under
paragraph 2(1),

(b) the application is refused on the ground that the nominated
5undertaker is not satisfied that the applicant is a relative or personal
representative of the deceased,

(c) within the period of 28 days beginning with the date of the notice of
refusal the applicant has applied to the county court for a declaration
that he or she is a relative or personal representative of the deceased
10(see paragraph 11(2)(b)), and

(d) that period of 28 days has elapsed without the court having
determined the application made to it,

the nominated undertaker may remove the remains and any monument to
the deceased.

(4) 15The nominated undertaker must, pending the court’s determination, deal
with any remains or monument removed under sub-paragraph (3) in such
manner as the Secretary of State may direct.

4 (1) In the case of remains in relation to which paragraph 1(3) applies, the
nominated undertaker may remove the remains—

(a) 20if no application under paragraph 2(2) has been received, or

(b) in a case where one or more applications under paragraph 2(2) have
been received, if in the case of each application—

(i) a licence has been issued, and

(ii) at least 28 days have passed since the issue of the licence
25without the remains having been removed.

(2) The nominated undertaker must after the removal of remains under sub-
paragraph (1)—

(a) within 12 months or such longer period as the Secretary of State may
direct in relation to the case—

(i) 30bury them in a place (whether or not consecrated) which is
set apart for the purposes of burial, or

(ii) cremate them in a crematorium, or

(b) deal with them in such other manner, and subject to such conditions,
as the Secretary of State may direct.

(3) 35If—

(a) an application is made to the nominated undertaker under
paragraph 2(2),

(b) the application is refused on the ground that the nominated
undertaker is not satisfied that the applicant is a relative or personal
40representative of the deceased,

(c) within the period of 28 days beginning with the date of the notice of
refusal the applicant has applied to the county court for a declaration
that he or she is a relative or personal representative of the deceased
(see paragraph 11(2)(b)), and

(d) 45that period of 28 days has elapsed without the court having
determined the application made to it,

the nominated undertaker may remove the remains and any monument to
the deceased.

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(4) The nominated undertaker must, pending the court’s determination, deal
with any remains or monument removed under sub-paragraph (3) in such
manner the Secretary of State may direct.

5 (1) In the case of remains in relation to which paragraph 1(4) applies, the
5nominated undertaker may remove the remains and, if it does so, is to be
treated for the purposes of this Act as acting under this paragraph and not
under the licence under the Burial Act 1857.

(2) The nominated undertaker must within two months of the removal of
remains under sub-paragraph (1)—

(a) 10bury them in a place (whether or not consecrated) which is set apart
for the purposes of burial, or

(b) cremate them in a crematorium.

(3) But if the Secretary of State is satisfied that the remains were buried more
than 100 years ago, the remains are to be dealt with in accordance with
15paragraph 4(2) instead of sub-paragraph (2).

Removal of monuments

6 (1) Where a licence to remove any remains is issued under paragraph 2(1) or (2),
the licensee may remove from the land any monument to the deceased and
re-erect it elsewhere or otherwise dispose of it.

(2) 20The nominated undertaker must pay the reasonable costs of removal and re-
erection under sub-paragraph (1).

7 (1) Where any remains are removed under a licence under paragraph 2(1) or (2),
the nominated undertaker may remove from the land any monument to the
deceased which is not removed by the licensee within 28 days of the issue of
25the licence.

(2) Where the nominated undertaker removes any remains under paragraph 3,
4 or 5, it may also remove from the land any monument to the deceased.

(3) Where any remains are removed (by a person other than the nominated
undertaker) under a licence under section 25 of the Burial Act 1857, the
30nominated undertaker may remove from the land any monument to the
deceased which is not removed by the licensee.

(4) The nominated undertaker may remove any monument removed under this
paragraph to the place, if any, where the remains of the deceased are buried
or to some other appropriate place.

(5) 35The nominated undertaker must break and deface any monument removed
under this paragraph which is not dealt with under sub-paragraph (4).

Records

8 (1) Where any remains in relation to which paragraph 1(1) applies are removed
under this Schedule, or remains in relation to which paragraph 1(4) applies
40are removed under paragraph 5(2), the nominated undertaker must, within
two months of the removal, provide the Registrar General with a certificate
which—

(a) identifies the remains, so far as practicable,

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Contents page 1-9 10-19 20-28 30-94 95-119 119-120 120-289 290-299 300-329 330-338 340-359 360-369 370-379 380-389 390-399 400-414 Last page