The National Heritage Act 1983 (Commencement No. 4) Order 1984

Type Statutory-Instrument
Publication 1984-02-27
State In force
Department Westlaw
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Made: 27th February 1984

The Secretary of State, in exercise of the powers conferred upon him by section 41(1), (4) and (5) of the National Heritage Act 1983, hereby makes the following order:—

1

This order may be cited as the National Heritage Act 1983 (Commencement No. 4) Order 1984.

2

In this order “the Act” means the National Heritage Act 1983.

3

The day appointed for the coming into force of the following provisions of the Act, namely,—

  • (a) sections 18 to 21, 33 (so far as it is not already in force), 34, 36, 37 and 39;
  • (b) Schedule 4 except paragraph 15;
  • (c) paragraph 6 of Schedule 5; and
  • (d) Schedule 6 so far as it relates to the Historic Buildings and Ancient Monuments Act 1953, the Town and Country Planning (Amendment) Act 1972 and the Ancient Monuments and Archaeological Areas Act 1979,

4

The day appointed for the coming into operation of the provisions of paragraph 15 of Schedule 4 to the Act shall be 1st October 1984.

5

The transitional provisions contained in the Schedule to this order shall have effect in relation to the operation of Schedule 4 to the Act.

SCHEDULE — TRANSITIONAL PROVISIONS

1

Any offer by the Secretary of State of financial assistance under any of the provisions specified in column 1 below which could be made by the Commission under the provisions specified in column 2 below shall, to the extent to which it remains unfulfilled on 1st April 1984, be deemed to have been made by the Commission under the relevant provisions specified in the said column 2.

Column 1 Column 2
Section 4 (grants and loans for the preservation of historic buildings etc.) of the Historic Buildings and Ancient Monuments Act 1953 (“the 1953 Act”). Section 3A of the 1953 Act (inserted by paragraph 3 of Schedule 4 to the Act).
Section 6 (grants to local authorities and the National Trust to acquire historic buildings) of the 1953 Act. Section 5B of the 1953 Act (inserted by paragraph 7 of Schedule 4 to the Act).
Section 10(1) (grants and loans for the preservation or enhancement of conservation areas) of the Town and Country Planning (Amendment) Act 1972 (“the 1972 Act”). Section 10(1AA) of the 1972 Act (inserted by paragraph 22(3) of the Act).
Section 24 (expenditure on the acquisition and preservation of ancient monuments) of the Ancient Monuments and Archaeological Areas Act 1979 (“the 1979 Act”). Section 24 of the 1979 Act, as amended by paragraph 48 of Schedule 4 to the Act.
Section 45 (contributions on archaeological expenditure) of the 1979 Act. Section 45 of the 1979 Act, as amended by paragraph 61 of Schedule 4 to the Act.

2

Where a repair grant agreement under section 10B of the 1972 Act, relating to buildings in England, was in force immediately before 1st April 1984, paragraph 24 of Schedule 4 to the Act shall have effect as if it provided for that agreement to have effect on and after that date as if made between the Commission and the relevant authority or authorities under that section and for anything done by the Secretary of State under that section with a view to the making of that agreement or under or for the purposes of that agreement to have effect as if done by the Commission.

Signed

Patrick Jenkin — One of Her Majesty's Principal Secretaries of State — 27th February 1984

Explanatory note

EXPLANATORY NOTE

This order brings into operation the provisions of the National Heritage Act 1983 (“the 1983 Act”) relating to the Board of Trustees of the Armouries and the Historic Buildings and Monuments Commission for England, so far as they are not already in force. With the exception of the provisions of paragraph 15 of Schedule 4 to the 1983 Act, which the order brings into operation on 1st October 1984, the order brings the relevant provisions into operation on 1st April 1984.

The order also brings into operation on 1st April 1984 an amendment, relating to applications for listed building consent, made by the 1983 Act to Schedule 11 to the Town and Country Planning Act 1971 (c.78).

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