Historic Environment (Wales) Act 2023

Transfer of ownership or guardianship and disposal of land E+W

53 Transfer of monuments of special historic interest between local authorities and the Welsh Ministers E+W

(1) Where the Welsh Ministers are the owners or guardians of a monument or associated land, they may transfer the ownership or guardianship of that monument or land to any local authority.

(2) Where a local authority is the owner or guardian of a monument or associated land, it may transfer the ownership or guardianship of that monument or land—

(a) to the Welsh Ministers, or

(b) to another local authority.

(3) But the Welsh Ministers or a local authority may not transfer the guardianship of a monument or associated land under this section without the agreement of the persons who are for the time being immediately affected by the operation of the guardianship deed.

(4) For the purposes of subsection (3) a person is immediately affected by the operation of a guardianship deed relating to a monument or land if the person is bound by that deed and is in possession or occupation of the monument or land.

Commencement Information

I1 S. 53 not in force at Royal Assent, see s. 212(2)

I2 S. 53 in force at 4.11.2024 by S.I. 2024/860, art. 3(a)

54 Disposal of land acquired under this Chapter E+W

(1) The Welsh Ministers may dispose of any land acquired by them under section 43, 44 or 53.

(2) A local authority may dispose of any land acquired by it under section 44 or 53, but must consult the Welsh Ministers before doing so.

(3) Where the land disposed of under this section is or includes a monument, the disposal must be made on terms the person disposing of the land considers will ensure the preservation of the monument.

(4) But subsection (3) does not apply if the person disposing of the land considers that it is no longer practicable to preserve the monument (whether because of the cost of preserving it or otherwise).

Commencement Information

I3 S. 54 not in force at Royal Assent, see s. 212(2)

I4 S. 54 in force at 4.11.2024 by S.I. 2024/860, art. 3(a)