It is important that you know the current legislation in the UK. The following links will take you to the most important documents that we are aware of. BAJR cannot take responsibility for the contents of the following documents, but if you find a broken link or have additional documents you feel would be useful we would appreciate an email - info @ bajr . org
Scotland
England
Wales (legislation specific to Wales)
Northern Ireland
Institute
of Field Archaeologists - Direct links
to pdf documents
Scotland
Historic
Scotland
Historic Scotland safeguards the nation's built heritage and promotes its understanding and enjoyment on behalf of Scottish Ministers. They are the National Origination for Scotland.
Planning
Advice Note PAN 2 2011 (or 
pdf
version)
This document provides advice on good practice and other relevant information concerning the planning process and heritage. This is used by the Local Authority Archaeologist and Planning Officers
Historic Environment (Amendment) (Scotland) Act 2011 (or pdf
version)
• the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997
Planning
(Listed Buildings and Conservation Areas) (Scotland) Act
1997
This document from the HMSO provides the legislation concerning Listed Buildings in Scotland - your duty and restrictions on development and alteration.
Planning
etc. (Scotland) Act 2006
Planning etc (Scotland) Act 2006 makes some alterations
to the 1997 Town & Country Planning Act & Planning
(Listed Buidlings & Conservation Areas) Act
Scottish
Planning Policy
This Scottish Planning Policy ( SPP) supersedes and consolidates National Planning Policy Guidelines
Rural
Stewardship Scheme (section 5)
The Rural Stewardship Scheme (RSS) is an Agri-environment Scheme designed to encourage farmers, crofters and Common Grazings Committees to adopt environmentally friendly practices and to maintain and enhance particular habitats and landscape features. - Section 5 deals with archaeological advice and management of heritage resources on your farmland.
Scottish
Historic Environment Policy
The Scottish Historic Environment Policy sets out Scottish
Ministers’ policies, providing direction for Historic
Scotland and a policy framework that informs the work of
a wide range of public sector organisations.
The SHEP has benefited from public consultation during the
development of policy www.historic-scotland.gov.uk/closedconsultations
PAN
58 - Environmental Impact Assessment
Environmental Impact Assessment (EIA) is a process which identifies the environmental and Heritage effects (both negative and positive) of development proposals. It aims to prevent, reduce and offset any adverse impacts. It is part of the process to have an archaeological report produced to advise on heritage matters.
Scotland’s
Listed Buildings A Guide for Owners and Occupiers
This booklet gives an informal account of the legislation, principally contained in the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, which protects Scotland’s historic buildings and describes how it is generally administered by Historic Scotland on behalf of the Scottish Ministers and by the planning authorities. It explains how buildings of “special architectural or historic interest” are selected for listing and outlines the system of control which ensures proper scrutiny of all applications to demolish, alter or extend listed buildings, internally or externally, or to demolish any buildings in conservation areas. The aim is to protect the character of the heritage and to guard against unnecessary loss or damage.
Historic
Scotland Free Publications Online
An extensive catalogue of publications, ranging from Technical papers, Advice, Grants and Policy.
Treasure
Trove Panel Scotland
Scots common law is quod nullius est fit domini regis (that which belongs to nobody becomes our Lord the King’s [or Queen’s]). So ALL objects Who's original owner or rightful heir cannot be identified or traced are the property of the Crown. It does not matter whether objects were lost or intentionally hidden, or whether it is a gold bracelet or stone axe.
General
Finds Reporting Form or Archaeological
Assemblages
Users of metal detectors in Scotland should be aware that all finds they make are subject to claim by the Crown and should be reported for assessment to the Scottish Advisory Finds Allocation Panel (SAFAP) - Under section 42 of the Ancient Monuments and Archaeological Areas Act (1979) it is a criminal offence to use a detector on a scheduled ancient monument. This is also true of ALL Archaeological sites, where finds must be reported along with 2 copies of a Data Structure Report.
Marine
(Scotland) Act 2010
The Marine (Scotland) Act has now been passed (February 2010) and contains such things as Historic Marine Protected Areas. At the same time the Act supercedes part 1 of the Protection of Wrecks Act (the section about wrecks of historic significance).
England & 
Wales
English
Heritage
English Heritage works in partnership with the central government departments, local authorities, voluntary bodies and the private sector to conserve and enhance the historic environment, broaden public access to the heritage and increase people's understanding of the past - they are the National Organisation for England
CADW
Cadw is the historic environment agency within the Welsh Assembly Government with responsibility for protecting, conserving, and promoting an appreciation of the historic environment of Wales. (CADW means Keep in Welsh)
National
Heritage Act 2002
An Act to make further provision in relation to the functions of the Historic Buildings and Monuments Commission for England; and for connected purposes. Section 3 extends to England and Wales, Scotland and Northern Ireland.
Guidelines
on The Treatment of Christian Burials in Archaeological
Projects
The document aims to provide reasonably comprehensive guidelines covering the treatment of human remains and associated artifacts and grave markers at all phases of an archaeological fieldwork project, including decisions concerning whether remains should be retained long-term for scientific study or reburied following completion of the analysis phase of the fieldwork project.
Valletta
Convention on the Protection of the Archaeological Heritage
The Valletta Convention on the Protection of the Archaeological
Heritage was promulgated at Valletta in Malta in 1992. It
was ratified by the UK Government on 21 September 2000 and
came into force on 21 March 2001. It contains provisions
for the identification and protection of archaeological heritage,
its integrated conservation, the control of excavations,
the use of metal detectors and the prevention of illicit
circulation of archaeological objects, as well as for dissemination
of information.
(This link leads you to the CBA portal, where further links
and expanatory text are available)
Conservation
principles, policies and guidance for the sustainable
management of the historic environment
Value-based approach to the management of the historic environment, taking account of the diverse ways in which people value the historic environment as part of their cultural and natural heritage.
Planning
(Listed Buildings and Conservation Areas) Act 1990
Act of Parliament of the United Kingdom that altered the laws on granting of planning permission for building works, notably including those of the listed building system in England and Wales.
Planning
Policy Statement 5: Planning for the Historic Environment (PPS
5)
Planning Policy Statement 5: Planning for the Historic Environment (PPS5) sets out the Government's planning policies on the conservation of the historic environment.
PPS5
guidance prepared by English Heritage
PPS5 is supported by a Practice Guide,with further information on how to apply the policies in the PPS.
Managing
local authority heritage assets
About 17% of grade I and II* listed buildings at risk of
loss from neglect and decay are in the ownership of central
or local government’
English Heritage Register of Buildings at Risk, 2002 - Understand
the responsibility of Local Government.
Building
Regulations and Historic Buildings - energy efficiency
New legislation makes it clear that the special characteristics of a historic building must be recognised.The aim of this revised part of the Building Regulations is to improve energy efficiency where practically possible, provided that this does not harm the character of the building or increase the risk of long-term deterioration to fabric or fittings.
English
Heritage Free Publications Online
English Heritage produces a wide variety of free publications with subjects ranging from repair, conservation and management of the historic environment to grants, funding and more general information on aspects of English Heritage's work.(over 1100 publications are available in a searchable database)
Treasure
Act 1996 Code of Practice (Revised) England and Wales
All finders of gold and silver objects, and groups of coins from the same finds, over 300 years old, have a legal obligation to report such items under the Treasure Act 1996. Now prehistoric base-metal assemblages found after 1st January 2003 also qualify as Treasure. The PAS site (this link) has explanations and links to the following:
Summary of the Treasure Act
Full version of the Treasure Act Code of Practice (revised)
PDF 652KB
Treasure Act leaflet
Planning
for Archaeology and the Historic Environment
Factsheets written to provide information about the planning system in England with the goal of helping local groups and individuals interested in conservation of their local archaeological and historic heritage understand and become more involved in planning in their area.
Environmental
Stewardship (main site)
Environmental Stewardship is a new agri-environment scheme
which provides funding to farmers and other land managers in
England who deliver effective environmental management on their
land. Its primary objectives are to:
Conserve wildlife (biodiversity)
Maintain and enhance landscape quality and character
Protect the historic environment and natural resources
Promote public access and understanding of the countryside
Natural resource protection
Marine
and Coastal Access Act 2009
The Marine and Coastal Access Act 2009 will ensure clean healthy, safe, productive and biologically diverse oceans and seas, by putting in place better systems for delivering sustainable development of marine and coastal environment.
Maritime
and Intertidal Archaeology
The importance of the maritime and intertidal archaeology of
Wales is emphasised and the existing methods of protection
described. Management of maritime archaeology has particular
problems and historically has suffered from lack of resources
in terms of suitably qualified practitioners and appropriate
financial support. Suggestions are made for further study and
proposals made for strengthening current weaknesses in the
management of the maritime heritage.
Strategic
Environmental Assessment: Consultation Bodies' Services
and Standards for Responsible Authorities in Wales
This note describes the services and standards which Responsible
Authorities in Wales can expect from the Welsh Consultation
Bodies (Cadw, Countryside Council for Wales and the Environment
Agency), when consulting in relation to the European Directive
2001/42/EC on 'the assessment of certain plans and programmes
on the environment' (the 'SEA' Directive).
Welsh
Office Circular 1/98
Planning and the historic environment: directions by the Secretary
of State for Wales
Welsh
Office Circular 60/96
Planning and the Historic Environment - ArchaeologyThis pdf document is large and may be slow to download.
Welsh
Office Circular 61/96
Planning and the Historic Environment: Historic Buildings and
Conservation AreasThe English version of this document is not available to download. CADW can email it to you on request.
Review
of the System of Ecclesiastical Exemption in Wales
The report notes that there are different arrangements and
procedures in Wales in operating the ecclesiastical exemption,
together with different practice in the secular system. It
concludes that it would appear advisable for the exemption
to remain for the immediate future.
'Planning
Policy Wales' (March 2002)
Current land use planning policy is contained in 'Planning
Policy Wales' (March 2002) which provides the strategic policy
framework for the effective preparation of local planning authorities'
development plans. This is supplemented by 20 topic based Technical
Advice Notes (Wales) (TANs). Procedural guidance is given in
Welsh Office / National Assembly for Wales circulars. 'Planning
Policy Wales', the TANs and the circulars, may be material
to decisions on individual planning applications and will be
taken into account by the National Assembly for Wales and Planning
Inspectors in the determination of called-in planning applications
and appeals.
Technical
Advice Notes
20 topic based Technical Advice Notes (Wales) (TANs).
Northern
Ireland
Environment
and Heritage Service
Information on archaeological sites, historic monuments and buildings, industrial remains, designed historic landscapes and features of the shores and sea-bed. You can view information from the Historic Monuments Database and the Historic Buildings Database and find out about the Monuments and Buildings record.
Planning
Policy Statement 6: Planning,
Archaeology and the Built Heritage
Planning Policy Statement setting out the Department of Enviroments policy on the protection and conservation of archaeological remains and built heritage.
Historic
Monuments and Archaeological Objects
Historic Monuments have been protected by legislation since 1869. The current legislation is the Historic Monuments and Archaeological Objects (NI) Order 1995 - this is a link to the whole document.
Licenced
Archaeologist : Application
to Excavate
To work in NI as a Site Director Project Manager you must be Licenced. This form allows you to apply for a licence to excavate - the more you work in NI the licence is easier to get. (every site must be licenced)
Article
42 of the Planning (NI) Order 1991
Article 42 of the Planning (NI) Order 1991 places a duty on the Department of the Environment (DoE) to compile lists of buildings of special architectural or historic interest. This function along with others associated with historic buildings is carried out by the Department's Environment and Heritage Service (EHS).
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