Historic Environment (Wales) Act 2023

Guardianship orders made under 1953 Act

5 (1) Where, immediately before Part 2 of this Act comes into force, the Welsh Ministers are guardians of a monument by virtue of a guardianship order—

(a) made, or treated as having been made, under section 12(5) of the Historic Buildings and Ancient Monuments Act 1953 (c. 49), and

(b) continued in force by paragraph 2(1) of Schedule 3 to the Ancient Monuments and Archaeological Areas Act 1979 (c. 46),

the order continues in force despite the coming into force of that Part.

(2) That Part applies while the guardianship order is in force as if the Welsh Ministers had been appointed as guardians of the monument by a deed under section 45 of this Act—

(a) not containing any restriction not contained in the order, and

(b) executed by all the persons who, at the time when the order was made, were able by deed to appoint the Welsh Ministers guardians of the monument.

(3) The Welsh Ministers may revoke a guardianship order to which this paragraph applies.