HC Deb 12 August 1913 vol 56 cc2449-51

(1) If the Ancient Monuments Board constituted under this Act report to the Commissioners of Works that any monument is in danger of destruction or removal or damage from neglect or injudicious treatment, and that the preservation of the monument is of national importance, the Commissioners may, if they think fit, and if it appears to them that the monument is an ancient monument within the meaning of this Act, make an Order (in this Act referred to as a Preservation Order) placing the monument under the protection of the Commissioners.

Provided that, if in any case the Commissioners of Works consider that the making of such an Order is a matter of immediate urgency, the Commissioners-may make the Order without receiving any such report as aforesaid.

(2) Where the Ancient Monuments Board have reason to believe that any monument is in danger as aforesaid, and that the preservation of the monument is. of national importance, they may themselves, or by any person authorised in writing by them, enter at any reasonable time upon any premises for the purpose of enabling them to determine by inspection, of the monument whether it is proper for them to report to the Commissioners:

Provided that, unless the Ancient Monuments Board consider that the inspection of the monument is a matter of immediate urgency, they shall give not less than seven days' notice to the occupier of the premises of their intention so to enter upon them.

(3) A Preservation Order shall have effect of a period of eighteen months after the date on which it is made, but on the expiration of that period shall cease to have effect unless it has been confirmed by Parliament; and, if a Preservation Order so made is not confirmed by Parliament within a period of eighteen months, no further Preservation Order shall be made with reference to the same monument until after the expiration of five years from the date on which the Order which has ceased to have effect was made.

(4) The Commissioners of Works may bring in a Bill for confirming any Preservation Order, and if, while the Bill confirming any such Order is pending in either House of Parliament., a petition is presented against the Order, the Bill, so far as it relates to the Order, may be referred to a select committee, or, if the two Houses of Parliament think fit so to order, to a joint committee of those Houses, and the petitioner shall be allowed to appear and oppose as in the case of a private Bill.

(5) Where a Committee on a Bill for confirming any Preservation Order report by a majority of the members for the time being present and voting that a petitioner against the Bill has been unreasonably subjected to expense, or has been subjected to an unreasonable amount of expense in defending his rights proposed to be interfered with by the Bill, they may award costs [against the Commissioners of Works], and any costs under this Section may be taxed and recovered in accordance with the Parliamentary Costs Act, 1865.

Amendment made: In Sub-section (5), after the word "costs" ["they may award costs"] insert the words "against the Commissioners of Works." — [Mr. Benn.]