National Heritage Act 1983

(3) In subsection (2) above— - " town scheme list" means a list, containing buildings which are to be the subject of a repair grant agreement and compiled (in the case of buildings situated in England) by the Commission and one or more English local authorities or (in the case of buildings situated in Wales) by the Secretary of State and one or more Welsh local authorities after consultation with the Historic Buildings Council for Wales; - " town scheme map " means a map, showing buildings which are to be the subject of such an agreement and prepared (in the case of buildings situated in England) by the Commission and one or more English local authorities or (in the case of buildings situated in Wales) by the Secretary of State and one or more Welsh local authorities after such consultation.

• (5) In subsection (4) after " the Secretary of State " (in both places) there shall be inserted " (or, as the case may be, the Commission) ".

• (6) In subsection (5) after " the Secretary of State " there shall be inserted " or (as the case may be) the Commission " and after " he " there shall be inserted " (or they) ".

• (7) In subsection (6) for " the appropriate advisory Council" there shall be substituted " the Historic Buildings Council for Wales ".

• (8) In subsection (8) after " Secretary of State " there shall be inserted " or the Commission ".

• (9) In subsection (9) after " Secretary of State " there shall be inserted " (or the Commission) ".

• (10) In subsection (10) after " Secretary of State " (in the first place) there shall be inserted " or the Commission " and after " Secretary of State " (in the second place) there shall be inserted " or (as the case may be) the Commission ".

• (11) In subsection (11) the definition of " the appropriate advisory Council " shall be omitted.

• (12) At the end there shall be inserted—

(12) In this section ' the Commission' means the Historic Buildings and Monuments Commission for England.

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

25

• (1) In the Ancient Monuments and Archaeological Areas Act 1979 (“the 1979 Act") section 1 (Schedule of monuments) shall be amended as follows.

• (2) At the end of subsection (3) there shall be inserted—

The Secretary of State shall consult the Historic Buildings and Monuments Commission for England (in this Act referred to as "the Commission’) before he includes in the Schedule a monument situated in England.

• (3) At the end of subsection (5) there shall be inserted—

In the case of a monument situated in England, the Secretary of State shall consult with the Commission before he makes an exclusion or amendment.

• (4) In subsection (6) after “Secretary of State shall" there shall be inserted “ (subject to subsection 6A) below) ”.

• (5) After subsection (6) there shall be inserted—

(6A) Subsection (6) above shall not apply as regards a monument situated in England but, as soon as may be after acting as mentioned in paragraph (a), (b) or (c) of that subsection as regards such a monument, the Secretary of State shall inform the Commission of the action taken and, in a case falling within paragraph (a) or (b) of that subsection, shall also send to the Commission a copy of the entry or (as the case may be) of the amended entry in the Schedule relating to that monument.

• (6) In subsection (7) there shall be inserted at the beginning “ Subject to subsection (7A) below ”.

• (7) After subsection (7) there shall be inserted—

(7A) Subsection (7) above shall not apply as regards monuments situated in England, but the Secretary of State shall from time to time supply the Commission with a list of all the monuments which are so situated and are for the time being included in the Schedule, whether as a single list or in sections containing the monuments situated in particular areas; but in the case of a list supplied in sections, all sections of the list need not be supplied simultaneously.

• (8) After subsection (8) there shall be inserted—

(8A) The Secretary of State shall from time to time supply the Commission with amendments of any list supplied under subsection (7A) above.

• (9) Sub-paragraph (5) does not apply in the case of an inclusion, amendment or exclusion made before the appointed day.

26

After section 1 of the 1979 Act there shall be inserted—

(1A) (1) As soon as may be after the Commission— (a) have been informed as mentioned in section 1(6A) of this Act, and (b) in a case falling within section 1(6)(a) or (b) of this Act, have received a copy of the entry or (as the case may be) of the amended entry from the Secretary of State, the Commission shall inform the owner and (if the owner is not the occupier) the occupier of the monument, and any local authority in whose area the monument is situated, of the inclusion, amendment or exclusion and, in a case falling within section 1(6)(a) or (b), shall also send to him or them a copy of the entry or (as the case may be) of the amended entry in the Schedule relating to that monument. (2) As soon as may be after the Commission receive a list or a section in pursuance of section 1(7A) of this Act, they shall publish the list or section (as the case may be). (3) The Commission shall from time to time publish amendments of any list published under subsection (2) above, and any such list (as amended) shall be evidence of the inclusion in the Schedule for the time being— (a) of the monuments listed; and (b) of any matters purporting to be reproduced in the list from the entries in the Schedule relating to monuments listed.

27

• (1) In section 2(5) of the 1979 Act (conditions attached to scheduled monument consent) for “the Secretary of State or a person authorised by the Secretary of State" there shall be substituted—

(a) a person authorised by the Commission (in a case where the monument in question is situated in England), or (b) the Secretary of State or a person authorised by the Secretary of State (in any other case)

.

• (2) This paragraph does not apply to a consent granted before the appointed day.

28

• (1) Section 3 of the 1979 Act (grant of scheduled monument consent by order of Secretary of State) shall be amended as follows.

• (2) At the end of subsection (1) there shall be inserted—

Before granting consent in relation to monuments of a class or description which includes monuments situated in England, the Secretary of State shall consult with the Commission in relation to the monuments so situated.

• (3) At the end of subsection (3) there shall be inserted—

Before making a direction in relation to a monument situated in England, or withdrawing such a direction, the Secretary of State shall consult with the Commission.

29

At the end of section 4(3) of the 1979 Act (modification and revocation of scheduled monument consent) there shall be inserted—

Where a direction would (if given) affect a monument situated in England, the Secretary of State shall consult with the Commission before he gives such a direction.

30

At the end of section 5 of the 1979 Act (works to preserve scheduled monument) there shall be inserted—

(3) If it appears to the Secretary of State that any works are urgently necessary for the preservation of a scheduled monument situated in England, he may (instead of acting as mentioned in subsection (1) above) authorise the Commission to enter the site of the monument and execute such works as are specified in the authorisation. (4) In that case, the Commission may enter the site and execute the works after giving the owner and (if the owner is not the occupier) the occupier of the monument not less than seven days’ notice in writing of their intention to do so. (5) Where the Secretary of State gives an authorisation under subsection (3) above, subsection (2) above shall have effect with the substitution of "Commission’ for "Secretary of State’ (in each place) and of "execute’ for "executes’.

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32

After section 6 of the 1979 Act there shall be inserted—

(6A) (1) Any person duly authorised in writing by the Commission may at any reasonable time enter any land in England for the purpose of inspecting any scheduled monument in, on or under the land with a view to ascertaining whether any works affecting the monument have been or are being carried out in contravention of section 2(1) of this Act and so to enabling the Commission to decide whether to institute proceedings in England for an offence under section 2(1). (2) Any person duly authorised in writing by the Commission may at any reasonable time enter any land in England for the purpose of— (a) observing the execution on the land of any works to which a scheduled monument consent relates; and (b) inspecting the condition of the land and the scheduled monument in question after the completion of any such works, with a view to ascertaining whether the works in question are or have been executed in accordance with the terms of the consent and of any conditions attached to the consent, and so to enabling the Commission to decide whether to institute proceedings in England for an offence under section 2(1) or (6) of this Act. (3) Any person duly authorised in writing by the Commission may at any reasonable time enter any land in England for the purpose of inspecting any scheduled monument in, on or under the land in connection with any consultation made in respect of the monument under section 4(3) of this Act or paragraph 3(3)(c) of Schedule 1 to this Act. (4) Any person duly authorised in writing by the Commission may enter any land which is in England and in, on or under which a scheduled monument is situated, with the consent of the owner and (if the owner is not the occupier) of the occupier of the land, for the purpose of erecting and maintaining on or near the site of the monument such notice boards and marker posts as appear to the Commission to be desirable with a view to preserving the monument from accidental or deliberate damage. (5) References in this section to scheduled monument consent include references to consent granted by order under section 3 of this Act.

33

In section 7(1) of the 1979 Act (compensation payable by Secretary of State for refusal of scheduled monument consent etc.) after “Secretary of State" there shall be inserted “ or (where the monument in question is situated in England) the Commission ”.

34

• (1) Section 8 of the 1979 Act (recovery of compensation) shall be amended as follows.

• (2) For subsection (2)(b) there shall be substituted—

(b) the requirement mentioned in subsection (2A) below is fulfilled

.

• (3) After subsection (2) there shall be inserted—

(2A) The requirement is that— (a) where the monument in question is situated in England, the Commission have caused notice of the payment of compensation to be deposited with the council of each district or London borough in which the monument is situated or (where it is situated in the City of London, the Inner Temple or the Middle Temple) with the Common Council of the City of London; (b) where the monument in question is situated in Scotland, the Secretary of State has caused such notice to be deposited with the local authority of each area in which the monument is situated; (c) where the monument in question is situated in Wales, the Secretary of State has caused such notice to be deposited with the council of each district in which the monument is situated.

• (4) In subsection (3) after “his satisfaction" there shall be inserted “ or (as the case may be) has been repaid to the Commission or secured to their satisfaction ”.

• (5) Nothing in this paragraph affects a case where compensation under section 7 of the 1979 Act was paid before the appointed day.

35

In section 9(1) of the 1979 Act (compensation payable by Secretary of State where works cease to be authorised) after “Secretary of State" there shall be inserted “ or (where the monument in question is situated in England) the Commission ”.

36

At the end of section 10(1) of the 1979 Act (compulsory acquisition of ancient monuments by Secretary of State) there shall be inserted “ ; but, where the monument in question is situated in England, he shall consult with the Commission before making a compulsory purchase order. ”

37

• (1) Section 11 of the 1979 Act (acquisition by agreement or gift) shall be amended as follows.

• (2) At the end of subsection (1) there shall be inserted “ but, where the monument in question is situated in England, he shall consult with the Commission before doing so. ”

• (3) After subsection (1) there shall be inserted—

(1A) With the consent of the Secretary of State, the Commission may acquire by agreement any ancient monument situated in England.

• (4) At the end of subsection (3) there shall be inserted “ ; but, where the monument in question is situated in England, the Secretary of State shall consult with the Commission before accepting ”.

• (5) After subsection (3) there shall be inserted—

(3A) With the consent of the Secretary of State, the Commission may accept a gift (whether by deed or will) of any ancient monument situated in England.

38

• (1) Section 12 of the 1979 Act (power to place ancient monument under guardianship) shall be amended as follows.

• (2) At the end of subsection (1) there shall be inserted—

Where the monument in question is situated in England, the Secretary of State shall consult with the Commission before he so consents.

• (3) After subsection (1) there shall be inserted—

(1A) Subject to subsection (4) below, a person who has an interest of any description mentioned in subsection (3) below in an ancient monument situated in England may, with the consent of the Commission, given after obtaining the consent of the Secretary of State, constitute the Commission by deed guardian of the monument.

• (4) In subsections (3) and (4) after “(1)" there shall be inserted “ or (1A) ”.

• (5) In subsection (6) after “Secretary of State" there shall be inserted “ or the Commission ” and for “(as the case may be) subsection (2) above" there shall be substituted “ (1A) or (2) above (as the case may be) ”.

• (6) In subsection (10) after “Secretary of State" there shall be inserted “ or the Commission ”.

• (7) In subsection (11) for “(as the case may be) the local authority in question" there shall be substituted “ the Commission or the local authority in question (as the case may be) ”.

39

• (1) Section 13 of the 1979 Act (effect of guardianship) shall be amended as follows.

• (2) In subsections (1) and (2) after “Secretary of State" there shall be inserted “ and the Commission ”.

• (3) In subsections (3), (4) and (5) after “Secretary of State" there shall be inserted “ or the Commission ”.

40

• (1) Section 14 of the 1979 Act (termination of guardianship) shall be amended as follows.

• (2) In subsection (1) after “Secretary of State" there shall be inserted “ or the Commission ”.

• (3) At the end of subsection (2) there shall be inserted—

Where the monument in question is situated in England, the Secretary of State shall consult with the Commission before entering into any such agreement. The Commission shall consult with the Secretary of State before entering into any such agreement.

• (4) In subsection (3) after “Secretary of State" there shall be inserted “ nor the Commission ”.

41

• (1) Section 15 of the 1979 Act (acquisition and guardianship of land in vicinity of ancient monument) shall be amended as follows.

• (2) In subsection (1) after “Secretary of State" there shall be inserted “ or the Commission ” and at the end of that subsection there shall be inserted—

Land may be acquired, or taken into guardianship, by the Commission by virtue of this section only if the land is situated in England.

• (3) In subsections (3) and (4) after “Secretary of State" there shall be inserted “ and the Commission ”.

• (4) In subsection (6) after “Secretary of State" there shall be inserted “ or the Commission ”.

42

• (1) Section 16 of the 1979 Act (acquisition of easements etc. over land in vicinity of ancient monument) shall be amended as follows.

• (2) At the end of subsection (1) there shall be inserted—

Where the land in question is situated in England, the Secretary of State shall consult with the Commission before entering into the agreement or making the compulsory purchase order (as the case may be).

• (3) After subsection (1) there shall be inserted—

(1A) The Commission may by agreement acquire over land which is situated in England, and which adjoins or is in the vicinity of any monument under their ownership by virtue of this Act, any such easement as the Secretary of State may acquire by virtue of subsection (1) above.

• (4) In subsection (3) after “(1)" there shall be inserted “ or (1A) ”.

• (5) In subsection (4) after “Secretary of State" there shall be inserted “ or the Commission ”.

43

• (1) Section 17 of the 1979 Act (agreements concerning ancient monuments) shall be amended as follows.

• (2) After subsection (1) there shall be inserted—

(1A) The Commission may enter into an agreement under this section with the occupier of an ancient monument situated in England or of any land so situated which adjoins or is in the vicinity of an ancient monument so situated.

• (3) In subsection (4) for “(as the case may be) by the local authority" there shall be substituted “ the Commission or the local authority (as the case may be) ” and for “(as the case may be) to the local authority" there shall be substituted “ the Commission or the local authority (as the case may be) ”.

• (4) At the end of the section there shall be inserted—

(9) References to an ancient monument in subsection (1A) above, and in subsection (3) above so far as it applies for the purposes of subsection (1A), shall be construed as if the reference in section 61(12)(b) of this Act to the Secretary of State were to the Commission.

44

• (1) Section 18 of the 1979 Act (powers of limited owners) shall be amended as follows.

• (2) In subsection (1) after “(1)" there shall be inserted “ or (1A) ”.

• (3) In subsection (2) after “Secretary of State" there shall be inserted “ or the Commission ”.

45

• (1) Section 19 of the 1979 Act (public access to monuments under public control) shall be amended as follows.

• (2) In subsection (1) after “Secretary of State" there shall be inserted “ or the Commission ”.

• (3) In subsection (2) after “Secretary of State" (in the first place) there shall be inserted “ and the Commission ”.

• (4) In subsection (3) for “this section" there shall be substituted “ this subsection ”, and at the end there shall be inserted—

The Secretary of State shall consult with the Commission before he makes any regulations under this subsection in relation only to monuments situated in England.

• (5) In subsection (4) for “this section" there shall be substituted “ that subsection ”.

• (6) After subsection (4) there shall be inserted—

(4A) The Secretary of State may by regulations under this subsection make such provision as appears to him necessary for prohibiting or regulating any act or thing which would tend to injure or disfigure any monument under the ownership or guardianship of the Commission by virtue of this Act or the monument’s amenities or to disturb the public in their enjoyment of it. (4B) The Secretary of State shall consult with the Commission before he makes any regulations under subsection (4A) above.

• (7) In subsection (5) after “Secretary of State" (in the first place) there shall be inserted “ and the Commission ”.

• (8) In subsection (6) after “Secretary of State" (in the first place) there shall be inserted “ or by the Commission ”, and in paragraph (a) for “(as the case may be) of that local authority" there shall be substituted “ the Commission or that local authority (as the case may be) ”.

46

• (1) Section 20 of the 1979 Act (provision of facilities for the public) shall be amended as follows.

• (2) In subsection (1) after “Secretary of State" (in the first place) there shall be inserted “ and the Commission ”.

• (3) In subsection (3) after “Secretary of State" there shall be inserted “ and the Commission ”.

47

• (1) Section 21 of the 1979 Act (transfer of ancient monuments between local authorities and Secretary of State) shall be amended as follows.

• (2) In subsection (1) after “Secretary of State" (in the first place) there shall be inserted “ and the Commission ” and at the end of paragraph (c) there shall be inserted

or (d) from the Secretary of State to the Commission; or (e) from the Commission to the Secretary of State; or (f) from the Commission to the local authority; or (g) from the local authority to the Commission;

.

• (3) In subsection (2) after “Secretary of State" there shall be inserted “ or the Commission ”.

• (4) At the end of the section there shall be inserted—

(3) The Commission may not enter into an agreement under subsection (1) above in respect of a monument or land not situated in England. (4) The Secretary of State may not enter into an agreement mentioned in subsection (1)(a) or (b) above in respect of a monument or land situated in England without consulting the Commission. (5) The Commission may not enter into an agreement mentioned in subsection (1)(f) above without consulting the Secretary of State. (6) The Commission may not enter into an agreement mentioned in subsection (1)(g) above without the consent of the Secretary of State.

48

• (1) Section 24 of the 1979 Act (expenditure by Secretary of State or local authority on acquisition and preservation of ancient monuments etc.) shall be amended as follows.

• (2) At the beginning of subsections (1), (2) and (3) there shall be inserted “ Subject to subsection (3A) below ”.

• (3) After subsection (3) there shall be inserted—

(3A) As respects a monument situated in England, subsections (1) to (3) above shall apply as if "Commission’ were substituted for "Secretary of State’. (3B) References to an ancient monument in subsections (1) and (2) above, as amended by subsection (3A) above, shall be construed as if the reference in section 61(12)(b) of this Act to the Secretary of State were to the Commission.

• (4) In subsection (5) after “Secretary of State" there shall be inserted “ or the Commission ”.

49

• (1) Section 25 of the 1979 Act (advice and superintendence by Secretary of State) shall be amended as follows.

• (2) At the beginning of subsections (1), (2) and (3) there shall be inserted “ Subject to subsection (3A) below ”.

• (3) After subsection (3) there shall be inserted—

(3A) As respects a monument situated in England, subsections (1) to (3) above shall apply as if "Commission’ were substituted for "Secretary of State’, "their’ for "his’ (in each place) and "they think’ for "he thinks’. (3B) References to an ancient monument in subsections (1) and (2) above, as amended by subsection (3A) above, shall be construed as if the reference in section 61(12)(b) of this Act to the Secretary of State were to the Commission.

• (4) Nothing in this paragraph affects the giving of advice or the superintendence of work where the advice or superintendence was started before the appointed day.

• (5) Nothing in this paragraph affects a charge for advice or superintendence given before the appointed day or for advice or superintendence started before and completed after that day.

50

In section 28(3) of the 1979 Act (offences: meaning of “protected monument") after “Secretary of State" there shall be inserted “ or the Commission ”.

51

In section 29 of the 1979 Act (compensation orders) after “Secretary of State" (in the first place) there shall be inserted “ or the Commission ” and for the words from “(as the case may require)" to the end there shall be substituted “ the Commission or the local authority in question (as the case may require) ”.

52

• (1) Section 30 of the 1979 Act (disposal of land acquired under Part I) shall be amended as follows.

• (2) In subsection (1) after “Secretary of State" there shall be inserted “ or the Commission ”.

• (3) After subsection (1) there shall be inserted—

(1A) The Secretary of State shall consult with the Commission before disposing of any land situated in England under this section. (1B) The Commission shall consult with the Secretary of State before disposing of any land under this section.

• (4) In subsections (3) and (4) for “(as the case may be) the local authority" there shall be substituted “ the Commission or the local authority (as the case may be) ”.

53

In section 32(3) of the 1979 Act (interpretation of Part I) after “Secretary of State" (in the first place) there shall be inserted “ or the Commission ” and for “(as the case may be) the local authority" there shall be substituted “ the Commission or the local authority (as the case may be) ”.

54

• (1) Section 33 of the 1979 Act (designation of areas of archaeological importance) shall be amended as follows.

• (2) At the end of subsection (1) there shall be inserted “ ; but, where the area in question is situated in England, he shall consult with the Commission before doing so. ”

• (3) At the end of subsection (2) there shall be inserted “ ; but, where the area in question is situated in England, the authority shall first notify the Commission of their intention to do so. ”

• (4) At the end of subsection (4) there shall be inserted—

The Secretary of State shall consult with the Commission before varying or revoking an order relating to an area situated in England.

55

• (1) Section 34 of the 1979 Act (investigating authorities) shall be amended as follows.

• (2) At the end of subsection (1) there shall be inserted—

The Secretary of State shall consult with the Commission before making an appointment under this subsection in relation to an area situated in England.

• (3) At the end of subsection (2) there shall be inserted “ ; but, where the appointment was made in relation to an area situated in England, he shall consult with the Commission before cancelling the appointment. ”

• (4) In subsection (4) for “Secretary of State" there shall be substituted “ Commission (in the case of an area situated in England) or the Secretary of State (in any other case) ”.

56

In section 37 of the 1979 Act (exemptions from certain offences) at the end of subsection (3) there shall be inserted—

The Secretary of State shall consult with the Commission before giving or withdrawing a direction under this subsection in relation to land situated in England.

57

• (1) Section 38 of the 1979 Act (power of investigating authority to enter site etc.) shall be amended as follows.

• (2) At the end of subsection (3) there shall be inserted

and (c) where the site in question is situated in England, serves a copy of that notice on the Commission (unless the investigating authority is for the time being the Commission).

• (3) At the end of subsection (8) there shall be inserted—

The Secretary of State shall consult with the Commission before giving, varying or revoking a direction under this subsection in relation to a site situated in England.

• (4) After subsection (9) there shall be inserted—

(10) On giving a direction under subsection (8) above in relation to a site situated in England the Secretary of State shall send a copy of the direction to the Commission (if the investigating authority is not the Commission). (11) On varying or revoking a direction given under subsection (8) above in relation to a site situated in England the Secretary of State shall notify the Commission (giving particulars of the effect of any variation) if the investigating authority is not the Commission.

• (5) Nothing in sub-paragraph (2) affects the right of an investigating authority to excavate a site in respect of which an operations notice was served before the appointed day.

58

In section 39 of the 1979 Act (power of investigating authority to investigate in advance of operations notice any site which may be acquired compulsorily) after paragraph (c) of subsection (4) there shall be inserted

and (d) where the site in question is situated in England, the Commission (if the investigating authority is not the Commission);

.

59

In section 41(2) of the 1979 Act (interpretation of Part II) for “Secretary of State" there shall be substituted “ Commission (in a case where the area is situated in England) or the Secretary of State (in any other case) ”.

60

• (1) Section 42 of the 1979 Act (restrictions on use of metal detectors) shall be amended as follows.

• (2) In subsection (1) for “Secretary of State" there shall be substituted “ Commission (in the case of a place situated in England) or of the Secretary of State (in any other case) ”.

• (3) In subsection (2), in paragraph (a) of the definition of “protected place", after “Secretary of State" there shall be inserted “ or the Commission ”.

• (4) In subsection (3) for “the written consent of the Secretary of State" there shall be substituted “ written consent ”, and at the end there shall be inserted—

The reference in this subsection to written consent is to that of the Commission (where the place in question is situated in England) or of the Secretary of State (in any other case)

.

• (5) In subsections (4) and (5) after “Secretary of State" there shall be inserted “ or the Commission ”.

• (6) Nothing in this paragraph affects a consent given before the appointed day.

61

• (1) Section 45 of the 1979 Act (expenditure on archaeological investigation) shall be amended as follows.

• (2) In subsection (1) after “land" there shall be inserted “ (other than land in England) ”.

• (3) After subsection (1) there shall be inserted—

(1A) The Commission may undertake, or assist in, or defray or contribute towards the cost of, an archaeological investigation of any land in England which they consider may contain an ancient monument or anything else of archaeological or historical interest; and the reference to an ancient monument in this subsection shall be construed as if the reference in section 61(12)(b) of this Act to the Secretary of State were to the Commission.

• (4) In subsection (3) after “Secretary of State" there shall be inserted “ or the Commission ”.

• (5) At the end of subsection (4) there shall be inserted “ (or, as regards the powers mentioned in subsection (1A) above, England). ”

62

• (1) Section 46 of the 1979 Act (compensation for certain damage) shall be amended as follows.

• (2) In subsection (1) after “Secretary of State" there shall be inserted “ or the Commission ”.

• (3) In subsection (2) for the words from “Secretary of State" to the end there shall be substituted “ Commission (if the area in question is situated in England) or from the Secretary of State (in any other case). ”

• (4) In subsection (3) after “6" there shall be inserted “ 6A ”.

• (5) Nothing in sub-paragraph (3) affects compensation in respect of damage caused before the appointed day.

63

• (1) Section 49 of the 1979 Act (grants by Secretary of State to Architectural Heritage Fund) shall be amended as follows.

• (2) In subsection (1) for the words from “institution" to the end there shall be substituted “ Architectural Heritage Fund ”.

• (3) After subsection (1) there shall be inserted—

(1A) The Commission may make grants to the Architectural Heritage Fund for the purpose of enabling it to perform its functions in, or in relation to, England.

• (4) In subsection (2) after “Secretary of State" there shall be inserted “ or the Commission (as the case may be) ”.

• (5) At the end of the section there shall be inserted—

(3) In this section "the Architectural Heritage Fund’ means the institution registered under that name under the Charities Act 1960.

64

In section 53(3) or the 1979 Act (monuments in territorial waters) after “Secretary of State" (in the first place) there shall be inserted “ or the Commission ” and after “Secretary of State" (in the second place) there shall be inserted “ or by the Commission ”.

65

In section 54(1)(b) of the 1979 Act (treatment and preservation of finds) after “(4)(b)" there shall be inserted “ or 6A(2)(a) ”.

66

In section 57(1) of the 1979 Act (power to require information as to interests in land) after “Secretary of State" (in each place) there shall be inserted “ or the Commission ”.

67

• (1) Section 61 of the 1979 Act (interpretation) shall be amended as follows.

• (2) In subsection (1) there shall be inserted at the appropriate place—

“The Commission” means the Historic Buildings and Monuments Commission for England;

.

• (3) In subsection (9) after “Secretary of State" there shall be inserted “ or the Commission ”.

68

• (1) Schedule 1 to the 1979 Act (control of works affecting scheduled monuments) shall be amended as follows.

• (2) After paragraph 2 there shall be inserted—

(2A) As soon as practicable after receiving an application for scheduled monument consent in relation to a monument situated in England, the Secretary of State shall send a copy of the application to the Commission.

• (3) At the end of paragraph 3(3) there shall be inserted

and (c) shall, if the monument in question is situated in England, consult with the Commission.

• (4) After paragraph 5(1) there shall be inserted—

(1A) Where the monument in question is situated in England, the Secretary of State shall consult with the Commission before serving a notice under this paragraph, and on serving such a notice he shall send a copy of it to the Commission.

69

• (1) Schedule 2 to the 1979 Act (designation orders) shall be amended as follows.

• (2) In paragraph 2 after “concerned; and" there shall be inserted—

(aa) consult with the Commission (if the area which would be designated by the order is situated in England); and

.

• (3) In paragraph 3(1) for “consultation required by sub-paragraph (a)" there shall be substituted “ consultations required by sub-paragraphs (a) and (aa) ”.

• (4) In paragraph 4 after “above; and" there shall be inserted—

(aa) shall be sent to the Commission (if the area which would be designated by the order is situated in England); and

.

• (5) At the end of paragraph 7 there shall be inserted

and (c) sent to the Commission a copy of the order and of the map to which it refers (if the area designated is situated in England)

.

• (6) After paragraph 9 there shall be inserted—

(9A) Before making a designation order a local authority shall notify the Commission of their proposal to make the order, if the area which would be designated by the order is situated in England.

• (7) At the end of paragraph 14 there shall be inserted

and (c) sent to the Commission a copy of the order and of the map to which it refers, if the area designated by the order is situated in England.

Pastoral Measure 1983 (No. 1)

70

• (1) Section 66 of the Pastoral Measure 1983 (transfer of redundant churches) shall be amended as follows.

• (2) In subsection (1) after paragraph (b) there shall be inserted—

(c) where a redundant building or any part thereof is situated in England and is vested in the diocesan board of finance, whether in pursuance of a pastoral scheme or a redundancy scheme or pending the making of a redundancy scheme, the board may, with the approval of the bishop and the Commissioners, enter into and carry out an agreement with the Historic Buildings and Monuments Commission for England for the acquisition and preservation by the Commission of the building or part with or without other land so situated and so vested in the board; (d) where a redundant building or any part thereof is situated in England and is vested in the Redundant Churches Fund in pursuance of a redundancy scheme or a pastoral scheme to which section 47 applies, the Fund may enter into and carry out an agreement with the Historic Buildings and Monuments Commission for England for the acquisition and preservation by the Commission of the building or part with or without other land so situated and so vested;

and for “the next two following subsections" there shall be substituted “ subsections (2) and (3) ”.

• (3) After subsection (1) there shall be inserted—

(1A) The Historic Buildings and Monuments Commission for England shall not enter into an agreement under subsection (1)(c) or (d) without the consent of the Secretary of State.

• (4) In subsection (2)(a) after “the Secretary of State" there shall be inserted “ or (as the case may be) the Historic Buildings and Monuments Commission for England ”, after “him" there shall be inserted “ or them ” and after “his" there shall be inserted “ or their ”, and in subsection (2)(c) after “the Secretary of State" there shall be inserted “ or (as the case may be) the Historic Buildings and Monuments Commission for England ”.

• (5) In subsection (3) after “the Secretary of State" (in the first place) there shall be inserted “ or (as the case may be) the Historic Buildings and Monuments Commission for England ” and after “the Secretary of State" (in the second and third places) there shall be inserted “ or the Commission ”.

• (6) After subsection (3) there shall be inserted—

(3A) Before giving his consent under subsection (3) in relation to a building or part situated in England, the Secretary of State shall consult with the Historic Buildings and Monuments Commission for England.

• (7) In subsection (4) after “the Secretary of State" (in the first place) there shall be inserted “ or the Historic Buildings and Monuments Commission for England ” and after “the Secretary of State" (in the second and third places) there shall be inserted “ or the Commission (as the case may be) ”.

• (8) After subsection (4) there shall be inserted—

(4A) The Historic Buildings and Monuments Commission for England shall not enter into an agreement under subsection (4) unless— (a) the land is situated in England, and (b) the Secretary of State has consented.

• (9) In subsection (5) after “the Secretary of State" there shall be inserted “ or (as the case may be) the Historic Buildings and Monuments Commission for England ”.

• (10) After subsection (5) there shall be inserted—

(6) Where a redundant building (or part) situated in England has been acquired for its preservation by the Secretary of State under subsection (1) either with or without any other land so situated, the Historic Buildings and Monuments Commission for England may by agreement with the Secretary of State undertake on his behalf the management and preservation of the building (or part) together with the other land (if any). (7) Where the Secretary of State has under subsection (4) acquired land situated in England for its maintenance with a building (or part), the Commission may undertake, in any agreement made under subsection (6) in relation to the building (or part), the maintenance of the land on behalf of the Secretary of State. (8) Where the Secretary of State has under subsection (5) acquired for their preservation the contents of a redundant building (or part), the Commission may undertake, in any agreement made under subsection (6) in relation to the building (or part), the preservation of the contents on behalf of the Secretary of State.

Interpretation

71

A reference in any paragraph of this Schedule to the appointed day is a reference to the day appointed under section 41(1) for the coming into force of the paragraph.

SCHEDULE 5

National Gallery and Tate Gallery Act 1954 (c. 65)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public Records Act 1958 (c. 51)

3

In Part II of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records) the following entries shall be inserted in the appropriate places—

• Armouries

• Historic Buildings and Monuments Commission for England

• Royal Botanic Gardens, Kew

• Science Museum

• Victoria and Albert Museum.

Charities Act 1960 (c. 58)

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

British Museum Act 1963 (c. 24)

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Town and Country Planning Act 1971 (c. 78)

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

British Library Act 1972 (c. 54)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6

Establishment of Board of Trustees.

18A

• (1) With the consent of the Secretary of State and subject to any conditions he may impose, the Board may form or take part in forming one or more bodies corporate which (or each of which) has as its main object or objects one or more of those mentioned in subsection (2).

• (2) The objects are—

• (a) the production and publication of books, films or other informative material relating to the Board’s collection and record;

• (b) the production of replicas or reproductions of objects comprised in their collection or of documents forming part of their record, or of souvenirs;

• (c) the sale (whether or not at an hour when the collection is open to the public for viewing) of informative material relating to their collection or record, of replicas or reproductions of objects comprised in their collection or of documents forming part of their record, or of souvenirs or other goods;

• (d) the provision (whether or not at such an hour) of catering or car parking or other services or facilities for the public at any premises occupied or managed by the Board; and

• (e) any other object or objects incidental to the Board’s functions.

• (3) The Board may hold interests in any such body, exercise rights conferred by the holding of interests in it, and provide financial or other assistance to or in respect of it (including assistance by way of guarantee of its obligations).

• (4) This section is without prejudice to any power of the Board to undertake anything mentioned in subsection (2) by virtue of section 18.

The Royal Naval College

31A

• (1) The Secretary of State may out of money provided by Parliament make grants towards expenditure in connection with the repair or maintenance of—

• (a) the land and buildings on the site known as the Royal Naval College; or

• (b) any object of historical interest situated on that land or in those buildings.

• (2) Grants under this section may be paid to such persons and on such conditions as the Secretary of State considers appropriate.

Certain gifts vesting on or after vesting day.

33A

• (1) The Commission may—

• (a) produce and publish, or sell, books, films or other informative material relating to foreign ancient monuments or foreign historic buildings;

• (b) produce or sell souvenirs relating to such monuments or buildings;

• (c) provide (whether on payment or otherwise) advice, assistance or other services in respect of, or information relating to, such monuments or buildings.

• (2) For this purpose—

• (a) “ancient monument” and “historic building” have the meaning given in section 33(8), and

• (b) an ancient monument or historic building is “foreign” if it is not situated—

• (i) in the United Kingdom, or

• (ii) in the case of a monument, in, on or under the seabed within the seaward limits of the territorial waters of the United Kingdom.

33B

• (1) The Commission may exploit any intellectual property, or any other intangible asset, relating to ancient monuments or historic buildings.

• (2) In subsection (1) the references to “ancient monuments” and “historic buildings” are to ancient monuments and historic buildings within the meaning of section 33(8) that—

• (a) are situated—

• (i) in England, or

• (ii) in the case of monuments, in, on or under the seabed within the seaward limits of the United Kingdom territorial waters adjacent to England, or

• (b) are foreign ancient monuments or foreign historic buildings within the meaning of section 33A(2)(b).

• (3) An order under section 33(10) applies for the purposes of subsection (2) as it applies for the purposes of section 33(9).

• (4) In this section “intellectual property” means—

• (a) any patent, trade mark, registered design, copyright, design right, right in performance or plant breeder’s right, and

• (b) any rights under the law of a country outside the United Kingdom which correspond or are similar to those falling within paragraph (a).

• (5) This section is without prejudice to any power of the Commission to do anything authorised by this section by virtue of section 33 or 33A.

33C

• (1) The Commission may defray or contribute towards the cost of—

• (a) any survey, excavation or other investigation undertaken in respect of any protected wreck;

• (b) the removal of any protected wreck or of any part of any protected wreck to another place for the purpose of preserving it; or

• (c) the preservation and maintenance of any protected wreck.

• (2) In this section—

• “maintenance” includes repairing and covering in of a protected wreck and the doing of any other act or thing which may be required for the purpose of repairing the wreck or protecting it from decay or injury; and

• “protected wreck” means any site which—comprises, or comprises the remains of, any vessel or part thereof which is protected by an order under section 1 of the Protection of Wrecks Act 1973 (c. 33) designating an area round the site as a restricted area, andis in, on or under the seabed within the seaward limits of the United Kingdom territorial waters adjacent to England.

• (3) An order under section 33(10) applies for the purposes of paragraph (b) of the definition of “protected wreck" in subsection (2) as it applies for the purposes of section 33(9).

Editorial notes