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HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - LONG TITLE

An Act to consolidate with amendments the law relating to historic
monuments and the preservation of objects of archaeological or
historic interest; and for purposes connected therewith.
[8th June 1971]
PART I

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 1

1.(1) The Ministry of Finance (in this Act referred to as "the
Ministry") may, subject to the provisions of this Act, by agreement
or compulsorily, acquire any historic monument.

(2) Where the Ministry desires to acquire, otherwise than by
agreement, any historic monument pursuant to subsection (1), the
Ministry may make an order (in this subsection referred to as a
"vesting order") vesting the monument in the Ministry; and Schedule
5 to the Roads Act (Northern Ireland) 1948 shall, subject to the
modifications thereof specified in Schedule 1 to this Act, apply for
the purpose of the acquisition of a historic monument by means of
a vesting order made under this subsection in the like manner as
it applies to the acquisition of land by means of a vesting order
made under that Act.

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 2
Gifts, devises and bequests of historic monuments.

2. Any person may, by deed or will, give, devise or bequeath to
the Ministry the estate in any historic monument of which he may
be seised or possessed, and the Ministry may, if it is of opinion
that it is expedient to do so, accept any such gift, devise or
bequest.

Appointment of Ministry as guardian of historic monuments.

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 3

3.(1) The owner of any monument which appears to the Ministry to
be a historic monument may by deed appoint the Ministry, with its
consent, guardian of the monument.

(2) Where the owner of a monument appoints the Ministry to be
guardian of a monument, any person entitled to any estate in the
monument, whether such estate is the subject of a settlement or
not, may join in the deed of appointment, or may at any time
after the execution of the deed of appointment execute a separate
deed, for the purpose of making more effective the appointment of
the Ministry as guardian of the monument.

(3) Every such deed, to the extent to which it operates under this
Act, shall bind every person deriving title from any person
executing it, and, where a monument is the subject of a settlement
and a person executing the deed is a person having a power of
sale of the settled land, the deed shall bind every person entitled
to an estate subsisting or which may arise under the settlement,
except

(a)an estate having priority to the settlement;

(b)any estate which has been conveyed or created for securing money
actually raised at the date of the deed;

(c)all leases, grants of easements or other rights or privileges
granted or made before the date of the deed by the person
executing the deed, or by any of his predecessors in title, or by
any trustees for him or them under the settlement or under any
statutory power, or being otherwise binding on the successors of the
person executing the deed.

(4) Except as provided by this Act, the right to the possession of
a monument or land adjoining thereto shall not be affected by the
appointment of the Ministry as guardian under this Act.

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 4
Effect of guardianship.

4.(1) Subject to subsection (3), where the Ministry has been
appointed guardian of any monument under this Act, the Ministry
shall maintain the monument and shall have access by its inspectors,
agents or workmen, or by any one authorised by it to act on its
behalf, to the monument for the purposes of inspecting it and of
bringing such materials and doing such acts and things as may be
required for its maintenance.

(2) The powers conferred on the Ministry by subsection (1) with
respect to the maintenance of a historic monument of which it is
the guardian shall, except in so far as may be otherwise provided
by the deed constituting the Ministry guardian of the monument,
include power to do all such things as may be necessary or
expedient for the maintenance of the monument and for the exercise
of proper control and management with respect thereto by the
Ministry, and, in particular (without prejudice to the generality of
the foregoing provisions of this section), power to make any
examination of the monument, and to open up the monument and to
make excavations therein or otherwise.

(3) If a person who is not bound by the deed by which the
Ministry was appointed guardian of the monument becomes owner
thereof, the power of the Ministry to maintain the monument may be
determined by notice in writing signed by that person and served on
the Ministry, and that notice shall operate from the date of the
service thereof.

(4) In this section, "maintenance" includes the fencing, repairing
and covering in of a monument and the doing of any other act or
thing which may be required for the purpose of repairing the
monument or protecting it from decay or injury.

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 5
Definition of ""owner''.

5. In this Part, "owner" means any person entitled to any estate
in the monument who is, by virtue of that estate, entitled to the
actual possession of the monument.

Removal by Ministry of certain historic monuments.

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 6

6. Where the Ministry

(a)has acquired any historic monument, whether under Part I or
otherwise; and

(b)is satisfied that it is necessary, in order to preserve the
monument or part thereof, to remove the monument or part thereof to
some other place;

Notice to be given by owners of certain monuments.

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 7

7.(1) The Ministry shall prepare and publish, in such manner as it
thinks fit, schedules specifying

(a)such historic monuments as are reported to it by the Historic
Monuments Council as being in particular need of protection; and

(b)such other historic monuments as the Ministry thinks fit;

(2) The Ministry shall, when it is intended to include a monument
in any such schedule, serve on the occupier of the monument and
the owner (if the owner is known) a notice specifying such
intention and the penalties which may be incurred by a person
guilty of an offence under this section.

(3) The Ministry may, after consultation with the Historic Monuments
Council, publish, in such manner as the Ministry thinks fit, a
notice deleting from any schedule published under subsection (1) the
entry relating to any historic monument specified therein, and shall
notify the occupier of the monument and the owner (if the owner is
known) of such deletion.

(4) Where any occupier or owner of any scheduled monument, who has
been served with a notice in accordance with subsection (2),
proposes to commence, or to permit to be commenced, any work which
is likely

(a)to result in

(i)the demolition of; or

(ii)the removal, in whole or in part, of; or

<(iii)any addition or structural alteration to; or

(b)injuriously to affect;

(5) Every notice served on the Ministry in pursuance of subsection
(4) shall cease to have effect if it is withdrawn by the occupier
or, as the case may be, the owner of the monument, or if the
work mentioned in the notice is not commenced within two years from
the date on which the notice is served.

(6) Any person who

(a)being an occupier or owner to whom subsection (4) applies,
contravenes the provisions of that subsection; or

(b)without reasonable cause, commences any work mentioned in
subsection (4) knowing that the monument is a scheduled monument and
that that subsection has not be complied with;

(i)on summary conviction, to a fine not exceeding #500;

(ii)on conviction on indictment, to imprisonment for a term not
exceeding three months or to a fine, or to both.

(7) Where the occupier or owner of a historic monument has been
served with a notice in accordance with subsection (2) and the
notice has been registered in the Statutory Charges Register, every
subsequent occupier or owner of that monument shall be deemed to
have been served with the notice, and the provisions of this
section shall apply to every such subsequent occupier or owner in
the like manner as if he had been served with such a notice.

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 8
Payments to owners of certain scheduled monuments.

8.(1) The Ministry may pay to the owner of any scheduled monument
situate on or in agricultural land annual payments of such amount
as may be agreed between the Ministry and the owner, so long as
the owner of the monument does not damage, or permit to be
damaged, the monument by cultivation or otherwise.

(2) In this section, "agricultural land" has the same meaning as in
the Agriculture Act (Northern Ireland) 1949.

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 9
Orders placing historic monuments under protection of Ministry.

9.(1) Subject to subsection (2), if the Historic Monuments Council
reports to the Ministry that any historic monument is in danger of
destruction or removal, or damage from neglect or injurious
treatment, the Ministry may, subject to and in accordance with the
provisions of Schedule 2, make an order (in this Act referred to
as a "protection order") placing the monument under the protection
of the Ministry.

(2) If, in any case, the Ministry considers that the making of a
protection order is a matter of immediate urgency, the Ministry may
make a protection order without receiving the report mentioned in
subsection (1).

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 10
Effect of protection order.

10.(1) If, while a protection order is in force in respect of any
monument, any person, without the written consent of the Ministry

(a)removes the monument or any part thereof; or

(b)makes any addition or structural alteration to the monument; or

(c)carries out any work which injuriously affects, or is likely
injuriously to affect, the monument;

(i)on summary conviction, to a fine not exceeding #500;

(ii)on conviction on indictment, to imprisonment for a term not
exceeding three months or to a fine, or to both.

(2) If, while a protection order is in force, it appears to the
Ministry that, owing to the neglect of the owner or person having
control of the monument, the monument is liable to fall into decay,
the Ministry may make an order (in this Act referred to as a
"guardianship order") appointing the Ministry guardian of that
monument for the period during which the protection order is in
force, and, in that case, the provisions of this Act shall, during
that period, have effect as if the Ministry had been appointed
guardian by virtue of a deed executed by every person seised or
possesssed of, or entitled to an estate in, the monument.

Restriction on excavation for archaeological purposes.

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 11

11.(1) A person shall not, save under and in accordance with a
licence issued by the Ministry under this section, dig or excavate
in or under any land (whether or not such digging or excavation
involves the removal of the surface of the land) for the purpose
of searching generally for archaeological objects or of searching
for, exposing or examining any particular structure or thing of
archaeological interest.

(2) Subject to subsection (3), the Ministry may issue to any person
a licence to dig or excavate in or under any specified land for
any specified archaeological purpose.

(3) A person shall not, under the authority of a licence issued
under this section, enter on the land to which the licence relates
except with the consent of the occupier of the land and the owner
(if the owner is known).

(4) Any person who digs or excavates in or under any land in
contravention of this section or of the terms and conditions of any
licence issued thereunder shall be guilty of an offence and shall
be liable on summary conviction to a fine not exceeding #50.

(5) A licence issued under this section shall not render lawful the
doing of anything which would be unlawful if this section had not
been passed.

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 12
Provisions as to archaeological objects found.

12.(1) The finder of any archaeological object (in this section
referred to as a "finder") shall, within fourteen days of such
finding, report the circumstances of the finding and the nature of
the object either to the Director of the Ulster Museum (in this
section referred to as "the Director") or to the officer in charge
of a police station, and, subject to subsection (2), shall, together
with such report, forward the object found.

(2) If, however, the archaeological object mentioned in subsection
(1) is of such a nature as not to be readily portable, the finder
shall so specify in his report under subsection (1), and shall
state where any person authorised in that behalf by the Director
may inspect the object.

(3) An archaeological object deposited or forwarded under subsection
(1) may be retained by the Director or, as the case may be, the
officer in charge of the police station for a period not exceeding
three months after the furnishing of the report mentioned in
subsection (1), and that period is in this section referred to as
"the relevant period".

(4) Except with the consent of the Director, the finder shall not,
until after the expiration of the relevant period, deliver the
archaeological object to a person other than the Director or an
officer in charge of a police station, or otherwise part with the
possession of the object.

(5) A finder who, without reasonable cause, acts in contravention of
any provision of this section, and any other person (not being an
officer in charge of a police station) who, knowingly and without
the consent of the Director, obtains possession of any archaeological
object within the relevant period, shall be guilty of an offence
and shall be liable on summary conviction to a fine not exceeding
#50.

(6) The Ministry may, on the recommendation of the Historic
Monuments Council, give financial assistance towards the purchase of
any archaeological object, the finding of which has been reported
under this section, and, without prejudice to any other conditions
which the Ministry may think fit to impose, any such object when
purchased shall be deposited for public exhibition in such place and
subject to such conditions as the Ministry may direct.

(7) The Ministry may make regulations

(a)prescribing the action to be taken by the Director or the
officer in charge of a police station with regard to archaeological
objects deposited or received and reports furnished;

(b)generally for carrying this section into effect.

(8) Nothing in this section shall be construed as affecting treasure
trove, but regulations under this section may be made so as to
apply to any archaeological object which is treasure trove, if the
rights of the Crown in such object have been waived.

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 13
Power of Ministry to take on lease sites for archaeological
excavation.

13. The Ministry may, by agreement, take on lease any land in or
under which it is intended to carry out any diggings or excavations
for the purpose of searching generally for archaeological objects or
of searching for, exposing or examining any particular structure or
thing of archaeological interest.

The Historic Monuments Council.

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 14

14.(1) There shall be constituted a Council, to be known as "the
Historic Monuments Council", for the purpose of advising the Ministry
on the exercise of its powers under this Act and of exercising
such other functions as may be conferred on the Council by this
Act.

(2) The said Council shall consist of a chairman appointed by the
Minister of Finance (in this Act referred to as "the Minister") and
such number of other members so appointed as the Minister may
determine, and the chairman and other members of the Council shall
hold and vacate office in accordance with the terms of their
appointments.

(3) The Ministry may pay

(a)to the chairman and members of the said Council, such allowances
as it thinks fit in respect of travelling and subsistence expenses
and in respect of such other expenses, if any, as it is satisfied
have been necessarily incurred by them for the purpose of enabling
them to perform their duties as chairman and members respectively of
the Council;

(b)to the Council, such expenses of the Council as the Ministry may
approve.

(4) Subject to any directions of the Minister as to quorum or
other matters, the procedure of the said Council shall be such as
the Council may determine.

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 15
Registration in the Statutory Charges Register.

15.(1) There shall be included among the matters which are required
to be entered in the Statutory Charges Register

(a)notices served under section 7(2);

(b)protection orders;

(c)guardianship orders;

Subs.(2) repeals in pt. sch.11 to 1970 c.18 (NI)

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 16
Powers to enter on land and execute certain works, etc.

16.(1) Without prejudice to any other powers conferred on the
Ministry by this Act, a person authorised in writing (stating the
particular purposes for which the entry is authorised) by the
Ministry may, at all reasonable times, on giving, except in respect
of the matters mentioned in paragraphs (a), (e) and (f), at least
ten days prior notice in writing of his intention to the occupier
and to the owner (if the owner is known), or such lesser period
of notice as may be agreed between the person so authorised and
the occupier or owner, and, in any case, on production (if so
required) of his authority, enter on any land

(a)on or in which there is situate any scheduled monument or any
historic monument which is the subject of a protection order, for
the purpose of ensuring that the provisions of this Act are being
complied with in relation to the monument;

(b)on or in which there is situate any scheduled monument or any
historic monument which is the subject of a protection order or is
owned by or vested in, or is in the guardianship of, the Ministry
..., for the purpose of erecting or maintaining

(i)at or in the vicinity of the monument, a sign indicating the
name and nature of the monument and indicating that it is a
scheduled monument or, as the case may be, a historic monument
which is the subject of a protection order or is owned by or
vested in, or is in the guardianship of, the Ministry ...;

(ii)marker posts indicating the boundaries of the monument;

(c)on or in the vicinity of any road, for the purpose of erecting,
..., and maintaining a sign giving such particulars of, and other
information with respect to, a historic monument to which the public
have access as the Ministry thinks fit;

(d)which the Ministry has reason to believe contains a historic
monument, for the purpose of inspection and survey, but so that a
person shall not, under the powers conferred by this paragraph,
enter any dwelling house or building, or the curtilage thereof,
except with the consent of the occupier of the land and of the
owner (if the owner is known), or enter any burial ground in which
rights of burial are exercisable, except with the consent of the
person having control of the burial ground;

(e)on or in which there is situate a historic monument in respect
of which the Ministry proposes to make, or has made, a protection
order, for the purpose of complying with the provisions of Schedule
2;

(f)on or in which a historic monument is situate, where the
Ministry is satisfied that the monument is likely to be destroyed
or substantially damaged, for the purpose of carrying out such
examination, diggings and excavations as the Ministry considers to be
necessary or expedient in order to obtain and record particulars of
the monument.

(2) Where the Historic Monuments Council has reason to believe that
any historic monument is in danger as mentioned in section 9(1),
the Council may authorise any person in writing to enter on the
land on or in which the monument is situate for the purpose of
inspecting the monument and advising the Council whether it is
proper for it to make a report to the Ministry under section 9(1).

(3) A person authorised in writing by the said Council under
subsection (2) may, at any reasonable time, on the Council giving

(a)if the Council considers that the inspection of the monument is
a matter of immediate urgency, at least three days' prior notice to
the occupier or owner of the land of the intention to enter and
inspect the monument;

(b)in any other case, at least ten days' prior notice in writing
to the occupier of the land and to the owner (if the owner is
known) of the intention to enter and inspect the monument;

(4) In this section

(a)any reference to an occupier or to an owner shall be construed
as including a reference to a person appointed by the occupier or
owner as his representative for purposes which include all or any
of the purposes of this section;

[(b)"road" has the same meaning as in the Roads (Northern Ireland)
Order 1980.]

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 17
Payment of compensation.

17.(1) Compensation shall be payable by the Ministry

(a)to the person interested in the property, in respect of any
damage caused to any property consequent on the exercise of any
power conferred by this Act on the Ministry or the Historic
Monuments Council, or by any person authorised by the Ministry or
the Council under section 16, or in the doing of anything for the
purpose of which such a power was conferred;

(b)to the person whose private right of property is interfered with,
where, under the powers conferred by this Act on the Ministry or
the Historic Monuments Council, any private right of property is
interfered with.

(2) Any question of disputed compensation under this section shall
be referred to and determined by the Lands Tribunal for Northern
Ireland.

(3) In determining any compensation under this section, regard shall
be had to any sums which may be payable under section 8.

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 18
Power to receive voluntary contributions with respect to certain
monuments.

18. The Ministry may receive voluntary contributions towards the cost
of the acquisition, maintenance or protection of any historic
monument, and enter into any agreement with the owner of any such
monument, or with any other person, as to the maintenance and
protection of the monument.

S.19 rep. by SR 1976/110

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 20
Public access to historic monuments.

20.(1) Subject to subsections (3) and (4), the public shall have
access to any historic monument which is owned by or vested in the
Ministry ..., or of which the Ministry ... is guardian, at such
times and under such conditions (including conditions providing for
the payment of fees for admission to the monument) as may be
provided by the Ministry ... by notice clearly displayed in the
vicinity of the monument.

(2) Any person contravening the provisions of any notice displayed
under subsection (1) shall be guilty of an offence and shall be
liable on summary conviction to a fine not exceeding #50.

(3) This section shall not apply to any monument of which the
Ministry ... was appointed or constituted guardian before the 1st
June 1926, except in cases where

(a)the owner has consented to the public having access to the
monument by the deed appointing or constituting the Ministry ... the
guardian; or

(b)a public right of access has arisen through the acquiescence of
the owner or otherwise.

(4) Where the deed appointing the Ministry ... guardian of a
monument has been executed after the 31st May 1926, the public
shall not, if the deed so provides, have access to the monument
without the consent of the owner or occupier of the monument.

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 21
Obstruction of certain persons.

21.(1) Any person who obstructs a person in the exercise of the
powers conferred on the second-mentioned person by section 4,
including that section as modified by section 19(1), shall be guilty
of an offence.

(2) Any person, other than the occupier or owner of the land
concerned, who obstructs a person authorised under section 16(1) or
(2) in the performance of anything which the second-mentioned person
is so authorised to do shall be guilty of an offence.

(3) If any person, being the occupier or owner of the land
concerned, prevents a person authorised under section 16(1) or (2)
from doing anything on the land which he is so authorised to do,
a court of summary jurisdiction, on proof thereof, may order the
first-mentioned person to permit to be done on the land all things
requisite for doing such things as aforesaid, and, if the
first-mentioned person fails to comply with the order, he shall be
guilty of an offence.

(4) Any person guilty of an offence under this section shall be
liable on summary conviction to a fine not exceeding #50.

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 22
Causing damage to signs, etc.

22.Subs.(1) rep. by SR 1976/110; 1977 NI 4 art.13(6) sch.2

(2) Any person who injures or defaces

(a)any sign erected under section 16(1)(b)(i) or (c); or

(b)any marker post erected under section 16(1)(b)(ii); or

(c)any notice displayed under section 20(1);

(3) Any person convicted of an offence under subsection ... (2)
shall, in addition to any penalty which may be imposed on him
consequent on such conviction, be liable to pay such sum as the
court imposing such penalty may think just for the purpose of
making good any damage caused by him.

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 23
Prosecution of certain offences.

23.(1) In all cases of prosecutions for offences under this Act
(other than offences under [section 7(6), 10(1) or 21]), the
complaint may notwithstanding anything contained in section 34 of the
Magistrates' Courts Act (Northern Ireland) 1964, be made within three
years after the commission of the offence or within six months
after the date when evidence sufficient, in the opinion of the
Ministry to justify a prosecution for the offence, came to the
knowledge of the Ministry, whichever period first expires.

(2) For the purposes of subsection (1), a certificate purporting to
be signed by an Assistant Secretary of the Ministry as to the date
on which such evidence as is referred to in that subsection came
to the knowledge of the Ministry shall be evidence of that date.

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 24
1964 c.21

24.(1) The Ministry may, if it thinks fit, give advice with
reference to the treatment of any historic monument, and shall, as
and when required, give that advice with reference to the treatment
of any monument which is placed under the protection of the
Ministry by virtue of a protection order.

(2) The Ministry may superintend any work in connection with any
historic monument if invited to do so by the owner, and shall
superintend any such work, whether required to do so by the owner
or not, in connection with any monument which is placed under its
protection by virtue of a protection order.

(3) Any such advice and superintendence shall be given and afforded
free of charge, except that a charge may be made for out-of-pocket
expenses in the case of monuments which have not been placed under
the protection of the Ministry by virtue of a protection order.

(4) Subject to subsection (5), the Ministry, in relation to any
historic monument of which it is not the owner or guardian, may,
subject to such conditions as it may think fit to impose,
undertake, or assist in, or defray or contribute towards the cost
of, any work which, if the Ministry were the guardian of the
monument, it would be empowered to do by virtue of section 4.

(5) The Ministry shall not exercise the powers conferred by
subsection (4) except with the consent of every person whose consent
to the work would, apart from that subsection, be required.

(6) In this section, "owner" has the same meaning as in Part II.

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 25
Advice and superintendence and financial assistance by Ministry.

25. As soon as may be after the 31st March in the year 1973 and
in each subsequent year thereafter, the Ministry shall prepare a
report on the discharge of its functions under this Act, and shall
lay the report before Parliament.

S.26 rep. by SLR 1976

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 27
Annual report.

27. In this Act

"archaeological object" includes any object, being a chattel (whether
in a manufactured or unmanufactured state), which is, or appears to
be, of archaeological or historic interest and which has, by reason
of such interest, a value substantially greater than its intrinsic
value or the value of the materials of which it is composed;

Definition rep. by SR 1976/110

"guardianship order" has the meaning assigned to it by section
10(2);

"historic monument" includes

(a)any monument, the protection of which is a matter of public
interest by reason of the historic, architectural, traditional,
artistic or archaeological interest attaching to the monument;

(b)any part of the adjoining land which may be required for the
purpose of fencing, covering in or otherwise protecting any such
monument from injury, or for the purposes of preserving the
amenities of the monument;

(c)the means of access to any such monument; and

(d)for the purposes of section 1, any land in the vicinity of the
monument intended to be used for providing

(i)a parking place for the vehicles of persons having access, by
virtue of this Act, to the monument;

(ii)toilet facilities for those persons.

"Historic Monuments Council" means the Council constituted under
section 14;

"the Minister" has the meaning assigned to it by section 14(2);

"the Ministry" has the meaning assigned to it by section 1(1);

"monument" includes any land on or in which there is any site,
structure or erection (including a trade fixture), whether above or
below the surface, other than an ecclesiastical building which is
being used for ecclesiastical purposes, and also includes any parts,
remains or traces of any such site, structure or erection;

"protection" includes preservation;

"protection order" has the meaning assigned to it by section 9(1);

"scheduled monument" has the meaning assigned to it by section 7(1).

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 28
Interpretation.

28.(1) Any reference in any enactment, deed, will or other document
to an ancient monument, within the meaning of the Ancient Monuments
Act (Northern Ireland) 1926, shall be construed as a reference to a
historic monument.

Subs.(2), with Schedule 3, effects amendments

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 29
1926 c.12

29. Without prejudice to sections 28 and 29 of the Interpretation
Act (Northern Ireland) 1954, any monument of which the Ministry ...
was appointed or constituted the guardian before the commencement of
Part II shall continue to be in the guardianship of the Ministry
..., and the provisions of this Act shall have effect accordingly.

S.30, with Schedule 4, effects repeals

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 31
1954 c.33

31.(1) This Act may be cited as the Historic Monuments Act
(Northern Ireland) 1971.

(2) Commencement

1. References to the Ministry or to the authority shall be
construed as references to the Ministry within the meaning of this
Act.

2. References to the said Schedule 5 shall be construed as
references to that Schedule as modified by this Schedule.

3. The expressions "land" and "estate" shall have the meanings
respectively assigned to them by section 45(1)(a) and (2) of the
Interpretation Act (Northern Ireland) 1954.

4. Paragraph 1 shall be omitted.

5. For paragraph 2, there shall be substituted the following

"2.(1) The Ministry, where it proposes to acquire land compulsorily
for the purpose of any of its functions under the Historic
Monuments Act (Northern Ireland) 1971, shall give public notice of
its intention to do so.

(2) Any such notice as aforesaid

(a)shall state clearly the nature of the proposal and shall specify
the land to which the proposal relates;

(b)shall state the time (not being less than twenty-one days from
the last publication of the notice) within which objections to the
proposal may be presented to the Ministry; and

(c)shall be published in two successive weeks in one or more than
one newspaper circulating in the locality in which the land is
situate;

6. In paragraph 3

(a)in sub-paragraph (1), the words ", where the authority is a
local authority," shall be omitted; and for the words "(if it
appears to the Ministry necessary so to do)" there shall be
substituted the words "(unless objections have not been received, or
any objections received have been met or withdrawn or relate solely
to the amount of compensation, or are objections which the Ministry
is satisfied are solely of a frivolous or vexatious nature)"; and

(b)in sub-paragraph (2), the words from ", and, in particular" to
the end thereof shall be omitted.

7. In paragraph 4

(a)in sub-paragraph (b), the two references to the said Act of 1948
shall be construed as references to this Act; and

(b)for sub-paragraph (d), there shall be substituted the following

"(d)as soon as may be after a vesting order has become operative,
the Ministry shall serve on every person appearing to it to have
an estate in the land, the subject of the vesting order, either a
copy of the vesting order or a notice stating that the vesting
order has become operative and naming a place where a copy of the
vesting order and of any map or plan referred to therein may be
seen at all reasonable hours and may be obtained free of charge
upon written request made by or on behalf of any person having an
estate in the land vested thereby.".

8. In paragraph 5

(a)in the first sub-paragraph

(i)for the words "an estate in fee simple in the land to which it
relates" there shall be substituted the words "such estate in, to
or over the land to which it relates as is specified therein"; and

(ii)the words from the beginning of head (a) to the words "is the
Ministry," in head (b), the words ", as the context requires," and
the words from "or any other" to the end of the sub-paragraph
shall be omitted; and

(b)in the second sub-paragraph, for the words from "Local
Registration" to the end thereof there shall be substituted the
words "Land Registration Act (Northern Ireland) 1970, the date of
vesting shall, notwithstanding anything in the foregoing provisions of
this paragraph, be either the date on which the vesting order
becomes operative or the date of the lodgment of the vesting order
with the Registrar under the said Act, whichever is the later.".

9. In paragraph 10, the words from the beginning of head (a) to
the words "is the Ministry," in head (b) shall be omitted.

1. Before making a protection order in relation to any monument,
the Ministry shall

(a)publish a draft of the proposed order in the Belfast Gazette;

(b)send a copy of the draft of the proposed order to [the
Department of the Environment];

(c)publish, in two successive weeks in one or more newspapers
circulating in the locality where the monument is situate, a notice
stating that the order is proposed to be made and the effect of
the order and specifying the time (not being less than twenty-eight
days from the first publication of the notice in such a newspaper)
within which, and the manner in which, objections to the proposed
order can be made;

(d)serve on the occupier of the monument and the owner (if the
owner is known) a copy of the draft of the proposed order,
together with a notice stating the effect thereof and specifying the
time (not being less than twenty-eight days from the service of the
notice) within which, and the manner in which, objections to the
proposed order can be made;

(e)cause a copy of the draft of the proposed order to be fixed on
some conspicuous part of the monument or, if that is not reasonably
practicable, on some conspicuous place in the vicinity of the
monument.

2.(1) If an objection is not duly made by the occupier or owner
of the monument or any other person appearing to the Ministry to
have an estate in the monument, or if all objections so made are
withdrawn, the Ministry may make the order either in the terms of
the draft or with modifications thereof.

(2) If any objection duly made as aforesaid is not withdrawn, the
Ministry shall, before making the order, either cause a local
inquiry to be held or afford to any person by whom any objection
has been duly made as aforesaid and not withdrawn an opportunity of
appearing before and being heard by a person appointed by the
Ministry for the purpose, and, after considering the objection and
the report of the person who held the inquiry or the person
appointed as aforesaid, may make the order either in the terms of
the draft or with modifications thereof.

(3) If any person by whom an objection has been made avails
himself of the opportunity of being heard, the Ministry shall afford
to [the Department of the Environment], and to any other person to
whom it appears to the Ministry expedient to afford it, an
opportunity of being heard on the same occasion.

3.(1) Where the Ministry makes a protection order and an objection
is duly made by the occupier or owner of the monument or any
person appearing to the Ministry to have an estate in the monument,
the order shall be subject to affirmative resolution, but otherwise
it shall be subject to negative resolution.

(2) As soon as may be after the order has been made, the Ministry
shall publish in the Belfast Gazette and in one or more newspapers
circulating in the locality in which the monument is situate a
notice stating that the order has been made and the effect thereof,
and whether it is subject to affirmative or negative resolution, and
shall serve a like notice and a copy of the order on every person
on whom a copy of the draft order was required to be served under
paragraph 1 and on any other person appearing to the Ministry to
have an estate in the monument who duly made an objection which
has not been withdrawn, and, unless a later date is specified in
the order, the order

(a)if it is subject to negative resolution, shall come into
operation on the date on which the notice was first published under
this sub-paragraph;

(b)if it is subject to affirmative resolution, shall come into
operation if and when the order is affirmed by a resolution of
each House of Parliament.

(3) The Ministry shall, as soon as may be after the order has
been made, cause a copy of the order to be fixed on some
conspicuous part of the monument or, if that is not reasonably
practicable, on some conspicuous place in the vicinity of the
monument.

4.(1) If any person aggrieved by a protection order desires to
question the validity thereof on the ground that any requirement of
this Act has not been complied with in relation to the order, he
may, within six weeks from the date on which the order comes into
operation, make an application to a judge of the High Court, and,
on any such application, the judge, if satisfied that the interests
of the applicant have been substantially prejudiced by failure to
comply with any such requirement, may quash the order or any
provision contained therein.

(2) Subject to the provisions of sub-paragraph (1), a protection
order shall not, either before or after it has been made, be
questioned in any legal proceedings whatsoever, and any determination
of a judge under that sub-paragraph shall be final.

Para.5 rep. by SR 1976/110

Sections 9(1) & 16(1)(e).