Commentary on provisions of the Act Schedule 19: Ancient monuments Disapplication of controls
Paragraph 1 modifies the application of the Ancient Monuments and Archaeological Areas Act 1979 ("the 1979 Act") in respect of Phase One works.
	Paragraph 1(2) provides that section 2 of the 1979 Act does not apply to works authorised by the Act.
	Paragraph 1(3) provides that the powers of entry conferred by sections 6(1), 6A(1) and 26 of the 1979 Act are not to be exercisable in relation to land used for or in connection with the carrying out of such works.
	Paragraph 1(4) provides that the functions of a guardian under the 1979 Act and the provisions of an agreement under section 17 have effect subject to the powers of the Act.
	Paragraph 1(5) disapplies section 19 of the 1979 Act where a monument is closed by the nominated undertaker, meaning that public access will no longer be available.
	Paragraph 1(6) disapplies regulations under section 19(3) or (4A) of the 1979 Act in relation to Phase One works, so removing restrictions on things which may injure or disfigure the monument in question for Phase One. Paragraph 1(7) provides that the power conferred by section 19(6) of that Act to restrict access is not to be exercisable so as to prevent or restrict the undertaking of the works authorised by this Act.
	Paragraph 1(8) prevents superintendence under section 25 of the 1979 Act of the carrying out of any of the Phase One works, and provides that English Heritage may not charge for advice in relation to the undertaking of these works.
	Paragraphs 1(9) to (13) disapply sections 28 (offence of damaging certain ancient monuments), 35 (notice of operations in areas of archaeological importance), 39(1) (power to investigate in advance of operations notice), 42(1) (use of metal detectors) and 42(3) (removal of objects discovered by metal detector) of the 1979 Act, in relation to the activities authorised by this Act.
	Paragraph 2 modifies the application of the National Heritage Act 1983 to the Phase One works. The power of entry conferred by section 36(1) of the 1983 Act is only to be exercisable in relation to land used, or intended for use, for or in connection with the Phase One works with the consent of the nominated undertaker, such consent not to be unreasonably withheld. Such consent may be given subject to compliance with any reasonable requirements or conditions imposed for reasons of safety or for the purpose of preventing interference with or delay to the works. Section 36(6) of the 1983 Act, which regulates the right to enter land for the purposes of record keeping, is not to apply to land on which works authorised by the Act are being carried out. Any disputes about this are to be determined by the Secretary of State for Transport and the Secretary of State for Culture, Media and Sport, acting jointly.