The Process For Designating A Scheduled Monument
Scheduling offers protection because it makes it illegal to undertake a great range of 'works' within a designated area, without first obtaining 'scheduled monument consent'. However, it does not affect the owner’s freehold title or other legal interests in the land, nor does it give the general public any new rights of public access. The process of scheduling does not automatically imply that the monument is being poorly managed or that it is under threat, nor does it impose a legal obligation to undertake any additional management of the monument.
In England and Wales the authority for designating, re-designating and de-designating a scheduled monument lies with the Secretary of State for the Department for Culture, Media and Sport (DCMS). The Secretary of State keeps the list, or schedule, of these sites.
The designation process was first devolved to Scotland and Wales in the 1970s and is now operated there by the Scottish Government and the Welsh Assembly respectively. The government bodies with responsibility for archaeology and the historic environment in Britain are: English Heritage in England, Cadw in Wales, and Historic Scotland in Scotland. The processes for application and monitoring scheduled monuments is administered in England by English Heritage; in Wales by Cadw on behalf of the National Assembly for Wales; and in Scotland by Historic Scotland on behalf of the Scottish Ministers. The Northern Irish system is governed by separate legislation, and is operated by the Northern Ireland Environment Agency.
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