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National Heritage Act 1983

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Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

SCHEDULES

Sections 1, 9, 17 and 23.

SCHEDULE 1E+W+S+N.I. The Boards

Part IE+W+S+N.I. Victoria and Albert Museum

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1Sch. 1 Pt. I: functions of the Secretary of State transferred by S.I. 1983/879, 1984/1814, 1986/600, 1992/1311 and as from 29.4.1986 to 2.7.1992 exercisable by the Lord President of the Council by virtue of S.I. 1986/600, arts. 2(1), 7(1), Sch 1 Pt. I and as from 3.7.1992 again exercisable by the Secretary of State by virtue of S.I. 1992/1311, art. 3(1), Sch. 1 Pt.I and references to the Secretary of State from 29.4.1986 to 2.7.1992 and from 3.7.1992 to be construed accordingly by virtue of S.I. 1986/600, art. 7(1) and S.I. 1992/1311, art. 12(4)

StatusE+W

1The Board of Trustees of the Victoria and Albert Museum shall be a body corporate.E+W

2(1)Subject to sub-paragraph (3), the Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.E+W

(2)The trustees and their staff shall not be regarded as civil servants and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.

(3)In relation to any matter as respects which the Board act by virtue of a direction under section 2(4), the Board shall enjoy the same privileges, immunities and exemptions as those enjoyed in relation to that matter by the Minister giving the direction.

(4)Subject to [F1the provisions of any] enactment, the Board shall not be exempt from any tax, duty, rate, levy or other charge whatever (whether general or local).

F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

MembershipE+W

3(1)The Board shall consist of not less than 12 nor more than 20 members (referred to in this Part of this Schedule as “trustees”).E+W

(2)The trustees shall be appointed by the Prime Minister, who shall appoint one of them to be chairman.

(3)In appointing any trustee, the Prime Minister shall have regard to the desirability of the person’s having knowledge or experience of art, craft, design, management, industrial relations, administration, or any other subject knowledge or experience of which would be of use to the Board in exercising their functions.

(4)Subject to the following provisions of this paragraph, a trustee or chairman shall hold and vacate office in accordance with the terms of his appointment, but no trustee shall be appointed for a period of more than 5 years.

(5)A chairman or trustee may resign his office by notice in writing addressed to the Prime Minister.

(6)If a chairman ceases to be a trustee he shall also cease to be chairman.

(7)A person who ceases to be a trustee, or ceases to be chairman, shall be eligible for re-appointment.

StaffE+W+S+N.I.

4(1)There shall be a Director of the Victoria and Albert Museum who shall be appointed by the Board with the approval of the Prime Minister.E+W+S+N.I.

(2)The Director shall be responsible to the Board for the general exercise of the Board’s functions.

(3)The Board may appoint such other employees as the Board think fit.

(4)The Board shall pay to their employees such remuneration and allowances as the Board may determine.

(5)The employees shall be appointed on such other terms and conditions as the Board may determine.

(6)A determination under sub-paragraph (4) or (5) is ineffective unless made with the approval of the Secretary of State given with the Treasury’s consent.

(7)Employment with the Board shall be included among the kinds of employment to which a scheme under section 1 of the M1Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) “Victoria and Albert Museum” shall be inserted after “ Tate Gallery ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

5(1)The Board shall make, not later than such date as the Secretary of State may determine, an offer of employment by the Board to each person employed immediately before that date in the civil service of the State for the purposes of the institution known as the Victoria and Albert Museum.E+W

(2)The terms of the offer shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.

(3)In determining whether the terms of the offer are more or less favourable to that person than those enjoyed by him on the date of the offer no account shall be taken of the fact that employment with the Board is not employment in the service of the Crown.

(4)An offer made in pursuance of this paragraph shall not be revocable during the period of 3 months commencing with the date on which it is made.

(5)Where a person becomes an employee of the Board in consequence of this paragraph, then, for the purposes of [F3the Employment Rights Act 1996], his period of employment in the civil service of the State shall count as a period of employment by the Board and the change of employment shall not break the continuity of the period of employment.

(6)Any dispute arising under this paragraph as to whether or not the terms of any employment offered by the Board are, taken as a whole, less favourable than those applying to a person’s employment in the civil service of the State shall be referred to and determined by an [F4employment tribunal].

(7)An [F4employment tribunal] shall not consider a complaint whereby a dispute mentioned in sub-paragraph (6) is referred to it unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer of employment or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of 3 months.

(8)An appeal shall lie to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in proceedings before, an [F4employment tribunal] under this paragraph; and no appeal shall lie except to the Employment Appeal Tribunal from any decision of an [F4employment tribunal] under this paragraph.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3Words in Sch. 1 Pt. I para. 5 substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 23(a) (with ss. 191, 192, 193, 194, 195, 202)

ProceedingsE+W

6(1)The Board may regulate their own procedure (including, subject to sub-paragraph (7), quorum).E+W

(2)In doing so, they may make arrangements for any of their functions, other than the power to acquire or dispose of land, to be discharged by committees.

(3)Any committee shall be appointed, and may be dissolved, by the Board.

(4)A committee may include as members persons who are not trustees, but at least two of the members (including the committee’s chairman) must be trustees.

(5)A committee shall act in accordance with such directions as the Board may make from time to time.

(6)Anything done by a committee under the arrangements shall, if the arrangements so provide, have effect as if done by the Board.

(7)The quorum for meetings of the Board shall not at any time be less than the greater of—

(a)four, and

(b)the number equal to one third of the number of trustees at the time concerned (treating any fraction as one).

(8)The validity of any proceedings of the Board shall not be affected by any vacancy among the trustees or by any defect in the appointment of any trustee.

AllowancesE+W

7The Board may pay to each of the trustees and the members of any committee such reasonable allowances in respect of expenses or loss of remuneration as the Secretary of State may determine with the Treasury’s approval.E+W

InstrumentsE+W

8(1)The fixing of the seal of the Board shall be authenticated by the signature of the chairman or of some other person authorised either generally or specially by the Board to act for that purpose.E+W

(2)A document purporting to be duly executed under the seal of the Board, or to be signed on the Board’s behalf, shall be received in evidence and, unless the contrary is proved, be deemed to be so executed or signed.

FinanceE+W

F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

ReportsE+W

10(1)The Board shall make to the Secretary of State a report on the exercise of their functions since the last report was made or (in the case of the first) since the Board’s establishment.E+W

(2)The first report shall be made not later than the expiry of the period of 3 years (or such shorter period as the Secretary of State may direct) commencing with the day of the Board’s establishment.

(3)Each subsequent report shall be made not later than 3 years (or such shorter period as the Secretary of State may direct) since the last was made.

(4)Each report shall include a statement of action taken by the Board to enable disabled members of the public to use any services or facilities provided by the Board.

(5)Each report shall include a statement of the total amount received by the Board by way of admission charges in the period covered by the report, and shall include information (in such detail as the Board think fit) about rates of, exemptions from and reductions in admission charges made by the Board.

(6)The Secretary of State shall lay a copy of each report before each House of Parliament.

Part IIE+W+S+N.I. Science Museum

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C2Sch. 1 Pt. II: functions of the Secretary of State transferred by S.I. 1983/879, 1984/1814, 1986/600, 1992/1311 and as from 29.4.1986 to 2.7.1992 exercisable by the Lord President of the Council by virtue of S.I. 1986/600, arts. 2(1), 7(1), Sch 1 Pt. I and as from 3.7.1992 again exercisable by the Secretary of State by virtue of S.I. 1992/1311, art. 3(1), Sch. 1 Pt.I and references to the Secretary of State from 29.4.1986 to 2.7.1992 and from 3.7.1992 to be construed accordingly by virtue of S.I. 1986/600, art. 7(1) and S.I. 1992/1311, art. 12(4)

StatusE+W

11The Board of Trustees of the Science Museum shall be a body corporate.E+W

12(1)Subject to sub-paragraph (3), the Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.E+W

(2)The trustees and their staff shall not be regarded as civil servants and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.

(3)In relation to any matter as respects which the Board act by virtue of a direction under section 10(4), the Board shall enjoy the same privileges, immunities and exemptions as those enjoyed in relation to that matter by the Minister giving the direction.

(4)Subject to [F6the provisions of any] enactment, the Board shall not be exempt from any tax, duty, rate, levy or other charge whatever (whether general or local).

F7(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

MembershipE+W

13(1)The Board shall consist of not less than 12 nor more than 20 members (referred to in this Part of this Schedule as “trustees”).E+W

(2)The trustees shall be appointed by the Prime Minister, who shall appoint one of them to be chairman.

(3)In appointing any trustee, the Prime Minister shall have regard to the desirability of the person’s having knowledge or experience of the development of science and technology, management, industrial relations, administration, or any other subject knowledge or experience of which would be of use to the Board in exercising their functions.

(4)Subject to the following provisions of this paragraph, a trustee or chairman shall hold and vacate office in accordance with the terms of his appointment, but no trustee shall be appointed for a period of more than 5 years.

(5)A chairman or trustee may resign his office by notice in writing addressed to the Prime Minister.

(6)If a chairman ceases to be a trustee he shall also cease to be chairman.

(7)A person who ceases to be a trustee, or ceases to be chairman, shall be eligible for re-appointment.

StaffE+W+S+N.I.

14(1)There shall be a Director of the Science Museum who shall be appointed by the Board with the approval of the Prime Minister.E+W+S+N.I.

(2)The Director shall be responsible to the Board for the general exercise of the Board’s functions.

(3)The Board may appoint such other employees as the Board think fit.

(4)The Board shall pay to their employees such remuneration and allowances as the Board may determine.

(5)The employees shall be appointed on such other terms and conditions as the Board may determine.

(6)A determination under sub-paragraph (4) or (5) is ineffective unless made with the approval of the Secretary of State given with the Treasury’s consent.

(7)Employment with the Board shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) “Science Museum” shall be inserted after “ National Portrait Gallery ”.

15(1)The Board shall make, not later than such date as the Secretary of State may determine, an offer of employment by the Board to each person employed immediately before that date in the civil service of the State for the purposes of the institution known as the Science Museum or that known as the Patent Museum.E+W

(2)The terms of the offer shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.

(3)In determining whether the terms of the offer are more or less favourable to that person than those enjoyed by him on the date of the offer no account shall be taken of the fact that employment with the Board is not employment in the service of the Crown.

(4)An offer made in pursuance of this paragraph shall not be revocable during the period of 3 months commencing with the date on which it is made.

(5)Where a person becomes an employee of the Board in consequence of this paragraph, then, for the purposes of [F8the Employment Rights Act 1996], his period of employment in the civil service of the State shall count as a period of employment by the Board and the change of employment shall not break the continuity of the period of employment.

(6)Any dispute arising under this paragraph as to whether or not the terms of any employment offered by the Board are, taken as a whole, less favourable than those applying to a person’s employment in the civil service of the State shall be referred to and determined by an [F9employment tribunal].

(7)An [F9employment tribunal] shall not consider a complaint whereby a dispute mentioned in sub-paragraph (6) is referred to it unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer of employment or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of 3 months.

(8)An appeal shall lie to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in proceedings before, an [F9employment tribunal] under this paragraph; and no appeal shall lie except to the Employment Appeal Tribunal from any decision of an [F9employment tribunal] under this paragraph.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F8Words in Sch. 1 Pt. II para. 15(5) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 23(b) (with ss. 191, 192, 193, 194, 195, 202)

F9Words in Sch. 1 para. 15(6)(7)(8) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2); S.I. 1998/1658, art. 2(1), Sch. 1

ProceedingsE+W

16(1)The Board may regulate their own procedure (including, subject to sub-paragraph (7), quorum).E+W

(2)In doing so, they may make arrangements for any of their functions, other than the power to acquire or dispose of land, to be discharged by committees.

(3)Any committee shall be appointed, and may be dissolved, by the Board.

(4)A committee may include as members persons who are not trustees, but at least two of the members (including the committee’s chairman) must be trustees.

(5)A committee shall act in accordance with such directions as the Board may make from time to time.

(6)Anything done by a committee under the arrangements shall, if the arrangements so provide, have effect as if done by the Board.

(7)The quorum for meetings of the Board shall not at any time be less than the greater of—

(a)four, and

(b)the number equal to one third of the number of trustees at the time concerned (treating any fraction as one).

(8)The validity of any proceedings of the Board shall not be affected by any vacancy among the trustees or by any defect in the appointment of any trustee.

AllowancesE+W

17The Board may pay to each of the trustees and the members of any committee such reasonable allowances in respect of expenses or loss of remuneration as the Secretary of State may determine with the Treasury’s approval.E+W

InstrumentsE+W

18(1)The fixing of the seal of the Board shall be authenticated by the signature of the chairman or of some other person authorised either generally or specially by the Board to act for that purpose.E+W

(2)A document purporting to be duly executed under the seal of the Board, or to be signed on the Board’s behalf, shall be received in evidence and, unless the contrary is proved, be deemed to be so executed or signed.

FinanceE+W

F1019. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

ReportsE+W

20(1)The Board shall make to the Secretary of State a report on the exercise of their functions since the last report was made or (in the case of the first) since the Board’s establishment.E+W

(2)The first report shall be made not later than the expiry of the period of 3 years (or such shorter period as the Secretary of State may direct) commencing with the day of the Board’s establishment.

(3)Each subsequent report shall be made not later than 3 years (or such shorter period as the Secretary of State may direct) since the last was made.

(4)Each report shall include a statement of action taken by the Board to enable disabled members of the public to use any services or facilities provided by the Board.

(5)Each report shall include a statement of the total amount received by the Board by way of admission charges in the period covered by the report, and shall include information (in such detail as the Board think fit) about rates of, exemptions from and reductions in admission charges made by the Board.

(6)The Secretary of State shall lay a copy of each report before each House of Parliament.

Part IIIE+W+S+N.I. Armouries

StatusE+W

21The Board of Trustees of the Armouries shall be a body corporate.E+W

22(1)The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown, the trustees and their staff shall not be regarded as civil servants, and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.E+W

(2)Subject to [F11the provisions of any] enactment, the Board shall not be exempt from any tax, duty, rate, levy or other charge whatever (whether general or local).

F12(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

MembershipE+W

23(1)The Board shall consist of not less than 6 nor more than 11 members (referred to in this Part of this Schedule as “trustees”).E+W

(2)Subject to sub-paragraphs (3) and (4), the trustees shall be appointed by the Secretary of State.

(3)One of the trustees shall be appointed by Her Majesty.

(4)The Constable of the Tower of London for the time being shall, by virtue of his office, be a trustee.

(5)In appointing any trustee, the Secretary of State shall have regard to the desirability of the person’s having knowledge or experience of arms, armour, the Tower, management, industrial relations, administration, or any other subject knowledge or experience of which would be of use to the Board in exercising their functions.

(6)The Secretary of State shall appoint one of the trustees to be chairman.

(7)Subject to the following provisions of this paragraph, a trustee or chairman shall hold and vacate office in accordance with the terms of his appointment, but no trustee shall be appointed for a period of more than 5 years.

(8)A trustee may resign his office by notice in writing addressed to the Secretary of State or, in the case of a person appointed by Her Majesty, to Her Majesty; but this sub-paragraph does not apply to a person who is a trustee by virtue of sub-paragraph (4).

(9)A chairman may resign his office as chairman by notice in writing addressed to the Secretary of State.

(10)If a chairman ceases to be a trustee he shall also cease to be chairman.

(11)A person who ceases to be a trustee, or ceases to be chairman, shall be eligible for re-appointment.

StaffE+W+S+N.I.

24(1)There shall be a Master of the Armouries who shall be appointed by the Board with the approval of the Secretary of State.E+W+S+N.I.

(2)The Master shall be responsible to the Board for the general exercise of the Board’s functions.

(3)The Board may appoint such other employees as the Board think fit.

(4)The Board shall pay to their employees such remuneration and allowances as the Board may determine.

(5)The employees shall be appointed on such other terms and conditions as the Board may determine.

(6)A determination under sub-paragraph (4) or (5) is ineffective unless made with the approval of the Secretary of State given with the Treasury’s consent.

(7)Employment with the Board shall be included among the kinds of employment to which a scheme under section 1 of the M2Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) “Armouries” shall be inserted before “ British Museum ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

25(1)The Board shall make, not later than such date as the Secretary of State may determine, an offer of employment by the Board to each person employed immediately before that date in the civil service of the State for the purposes of the institution known as the Armouries.E+W

(2)The terms of the offer shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.

(3)In determining whether the terms of the offer are more or less favourable to that person than those enjoyed by him on the date of the offer no account shall be taken of the fact that employment with the Board is not employment in the service of the Crown.

(4)An offer made in pursuance of this paragraph shall not be revocable during the period of 3 months commencing with the date on which it is made.

(5)Where a person becomes an employee of the Board in consequence of this paragraph, then, for the purposes of [F13the Employment Rights Act 1996], his period of employment in the civil service of the State shall count as a period of employment by the Board and the change of employment shall not break the continuity of the period of employment.

(6)Any dispute arising under this paragraph as to whether or not the terms of any employment offered by the Board are, taken as a whole, less favourable than those applying to a person’s employment in the civil service of the State shall be referred to and determined by an [F14employment tribunal].

(7)An [F14employment tribunal] shall not consider a complaint whereby a dispute mentioned in sub-paragraph (6) is referred to it unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer of employment or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of 3 months.

(8)An appeal shall lie to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in proceedings before, an [F14employment tribunal] under this paragraph; and no appeal shall lie except to the Employment Appeal Tribunal from any decision of an [F14employment tribunal] under this paragraph.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F13Words in Sch. 1 Pt. III para. 25(5) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 23(c) (with ss. 191, 192, 193, 194, 195, 202)

ProceedingsE+W

26(1)The Board may regulate their own procedure (including, subject to sub-paragraph (7), quorum).E+W

(2)In doing so, they may make arrangements for any of their functions, other than the power to acquire or dispose of land, to be discharged by committees.

(3)Any committee shall be appointed, and may be dissolved, by the Board.

(4)A committee may include as members persons who are not trustees, but at least two of the members (including the committee’s chairman) must be trustees.

(5)A committee shall act in accordance with such directions as the Board may make from time to time.

(6)Anything done by a committee under the arrangements shall, if the arrangements so provide, have effect as if done by the Board.

(7)The quorum for meetings of the Board shall not at any time be less than the greater of—

(a)three, and

(b)the number equal to one third of the number of trustees at the time concerned (treating any fraction as one).

(8)The validity of any proceedings of the Board shall not be affected by any vacancy among the trustees or by any defect in the appointment of any trustee.

AllowancesE+W

27The Board may pay to each of the trustees and the members of any committee such reasonable allowances in respect of expenses or loss of remuneration as the Secretary of State may determine with the Treasury’s approval.E+W

InstrumentsE+W

28(1)The fixing of the seal of the Board shall be authenticated by the signature of the chairman or of some other person authorised either generally or specially by the Board to act for that purpose.E+W

(2)A document purporting to be duly executed under the seal of the Board, or to be signed on the Board’s behalf, shall be received in evidence and, unless the contrary is proved, be deemed to be so executed or signed.

AccountsE+W

29(1)The Board shall keep proper accounts and proper records in relation to them.E+W

(2)The Board shall prepare a statement of accounts in respect of each financial year.

(3)The statement shall give a true and fair view of the state of the Board’s affairs at the end of the financial year and of the Board’s income and expenditure in the financial year.

(4)The statement shall comply with any directions given by the Secretary of State with the Treasury’s consent as to the information to be contained in the statement, the manner in which the information is to be presented or the methods and principles according to which the statement is to be prepared.

(5)The Board shall send the statement to the Secretary of State at such time as he may direct.

(6)The Secretary of State shall, on or before 31 August in any year, send to the Comptroller and Auditor General the statement prepared by the Board under sub-paragraph (2) for the financial year last ended.

(7)The Comptroller and Auditor General shall examine, certify and report on the statement sent to him under sub-paragraph (6) and shall lay copies of it and of his report before each House of Parliament.

(8)In this paragraph “financial year” means the period commencing with the day of the Board’s establishment and ending with the second 31 March following that day, and each successive period of 12 months.

InformationE+W

30(1)The Board shall make to the Secretary of State a report on the exercise of their functions since the last report was made or (in the case of the first) since the Board’s establishment.E+W

(2)The first report shall be made not later than the expiry of the period of 3 years (or such shorter period as the Secretary of State may direct) commencing with the day of the Board’s establishment.

(3)Each subsequent report shall be made not later than 3 years (or such shorter period as the Secretary of State may direct) since the last was made.

(4)The Secretary of State shall lay a copy of each report before each House of Parliament.

(5)Each report shall include a statement of action taken by the Board to enable disabled members of the public to use any services or facilities provided by the Board.

(6)Each report shall include a statement of the total amount received by the Board by way of admission charges in the period covered by the report, and shall include information (in such detail as the Board think fit) about rates of, exemptions from and reductions in admission charges made by the Board.

(7)The Board shall furnish the Secretary of State with such information relating to their property and the discharge and proposed discharge of their functions as he may require, and for that purpose they shall permit any person authorised by him to inspect and make copies of any accounts or other documents of the Board and shall give such explanation of them as that person or the Secretary of State may require.

Part IVE+W+S+N.I. Royal Botanic Gardens, Kew

StatusE+W

31The Board of Trustees of the Royal Botanic Gardens, Kew shall be a body corporate.E+W

32(1)Subject to sub-paragraph (3), the Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.E+W

(2)The trustees and their staff shall not be regarded as civil servants and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.

(3)In relation to any matter as respects which the Board act by virtue of a direction under section 24(5), the Board shall enjoy the same privileges, immunities and exemptions as those enjoyed in relation to that matter by the Minister giving the direction.

(4)Subject to [F15the provisions of any] enactment, the Board shall not be exempt from any tax, duty, rate, levy or other charge whatever (whether general or local).

F16(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F16 Sch. 1 para. 32(5) repealed (1.4.2000) by 1997 c. 29, s. 33(1)(2), Sch. 3 para. 18(5)(b), Sch. 4; S.I. 1998/2329, art. 3

MembershipE+W

33(1)The Board shall consist of 12 members (referred to in this Part of this Schedule as “trustees”).E+W

(2)One of the trustees shall be appointed by Her Majesty and the others shall be appointed by the [F17Secretary of State].

(3)In appointing any trustee, the [F18Secretary of State] shall have regard to the desirability of the person’s having knowledge or experience of the science of plants or any related subject, management, industrial relations, administration, or any other subject knowledge or experience of which would be of use to the Board in exercising their functions.

(4)The [F18Secretary of State] shall appoint one of the trustees to be chairman.

(5)Subject to the following provisions of this paragraph, a trustee or chairman shall hold and vacate office in accordance with the terms of his appointment, but no trustee shall be appointed for a period of more than 5 years.

(6)A chairman or a trustee appointed by the [F18Secretary of State] may resign his office by notice in writing addressed to the [F18Secretary of State], and a trustee appointed by Her Majesty may resign his office by notice in writing addressed to Her Majesty.

(7)If a chairman ceases to be a trustee he shall also cease to be chairman.

(8)A person who ceases to be a trustee, or ceases to be chairman, shall be eligible for re-appointment.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F17Words in Sch. 1 para. 33(2) substituted (27.3.2002) by S.I. 2002/794, art. 5(1), Sch. 1 para. 25(1)(2) (with arts. 5(3) and 6)

F18Words in Sch. 1 para. 33(3)(4)(6) substituted (27.3.2002) by S.I 2002/794, art. 5(1), Sch. 1 para. 25(1)(3)(a) (with arts. 5(3), 6)

StaffE+W+S+N.I.

34(1)There shall be a Director of the Royal Botanic Gardens, Kew who shall be appointed by the Board with the approval of the [F19Secretary of State].E+W+S+N.I.

(2)The Director shall be responsible to the Board for the general exercise of the Board’s functions.

(3)The Board may appoint such other employees as the Board think fit.

(4)The Board shall pay to their employees such remuneration and allowances as the Board may determine.

(5)The employees shall be appointed on such other terms and conditions as the Board may determine.

(6)A determination under sub-paragraph (4) or (5) is ineffective unless made with the approval of the [F19Secretary of State] given with the Treasury’s consent.

(7)Employment with the Board shall be included among the kinds of employment to which a scheme under section 1 of the M3Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) “Royal Botanic Gardens, Kew” shall be inserted after “ National Portrait Gallery ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Marginal Citations

35(1)The Board shall make, not later than such date as the Minister may determine, an offer of employment by the Board to each person employed immediately before that date in the civil service of the State for the purposes of the institution known as the Royal Botanic Gardens.E+W

(2)The terms of the offer shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.

(3)In determining whether the terms of the offer are more or less favourable to that person than those enjoyed by him on the date of the offer no account shall be taken of the fact that employment with the Board is not employment in the service of the Crown.

(4)An offer made in pursuance of this paragraph shall not be revocable during the period of 3 months commencing with the date on which it is made.

(5)Where a person becomes an employee of the Board in consequence of this paragraph, then, for the purposes of [F20the Employment Rights Act 1996], his period of employment in the civil service of the State shall count as a period of employment by the Board and the change of employment shall not break the continuity of the period of employment.

(6)Any dispute arising under this paragraph as to whether or not the terms of any employment offered by the Board are, taken as a whole, less favourable than those applying to a person’s employment in the civil service of the State shall be referred to and determined by an [F21employment tribunal].

(7)An [F21employment tribunal] shall not consider a complaint whereby a dispute mentioned in sub-paragraph (6) is referred to it unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer of employment or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of 3 months.

(8)An appeal shall lie to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in proceedings before, an [F21employment tribunal] under this paragraph; and no appeal shall lie except to the Employment Appeal Tribunal from any decision of an [F21employment tribunal] under this paragraph.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F20Words in Sch. 1 Pt. IV para. 35(5) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 23(d) (with ss. 191, 192, 193, 194, 195, 202)

ProceedingsE+W

36(1)The Board may regulate their own procedure (including, subject to sub-paragraph (7), quorum).E+W

(2)In doing so, they may make arrangements for any of their functions, other than the power to acquire or dispose of land, to be discharged by committees.

(3)Any committee shall be appointed, and may be dissolved, by the Board.

(4)A committee may include as members persons who are not trustees, but at least two of the members (including the committee’s chairman) must be trustees.

(5)A committee shall act in accordance with such directions as the Board may make from time to time.

(6)Anything done by a committee under the arrangements shall, if the arrangements so provide, have effect as if done by the Board.

(7)The quorum for meetings of the Board shall not at any time be less than four.

(8)The validity of any proceedings of the Board shall not be affected by any vacancy among the trustees or by any defect in the appointment of any trustee.

AllowancesE+W

37The Board may pay to each of the trustees and the members of any committee such reasonable allowances in respect of expenses or loss of remuneration as the [F22Secretary of State] may determine with the Treasury’s approval.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F22Word in Sch. 1 para. 37 substituted (27.3.2002) by S.I. 2002/794, art. 5(1), Sch. 1 para. 25(1)(3)(c) (with arts. 5(3), 6)

InstrumentsE+W

38(1)The fixing of the seal of the Board shall be authenticated by the signature of the chairman or of some other person authorised either generally or specially by the Board to act for that purpose.E+W

(2)A document purporting to be duly executed under the seal of the Board, or to be signed on the Board’s behalf, shall be received in evidence and, unless the contrary is proved, be deemed to be so executed or signed.

AccountsE+W

39(1)The Board shall keep proper accounts and proper records in relation to them.E+W

(2)The Board shall prepare a statement of accounts in respect of each financial year.

(3)The statement shall give a true and fair view of the state of the Board’s affairs at the end of the financial year and of the Board’s income and expenditure in the financial year.

(4)The statement shall comply with any directions given by the [F23Secretary of State] with the Treasury’s consent as to the information to be contained in the statement, the manner in which the information is to be presented or the methods and principles according to which the statement is to be prepared.

(5)The Board shall send the statement to the [F23Secretary of State] at such time as he may direct.

(6)The [F23Secretary of State] shall, on or before 31 August in any year, send to the Comptroller and Auditor General the statement prepared by the Board under sub-paragraph (2) for the financial year last ended.

(7)The Comptroller and Auditor General shall examine, certify and report on the statement sent to him under sub-paragraph (6) and shall lay copies of it and of his report before each House of Parliament.

(8)In this paragraph “financial year” means the period commencing with the day of the Board’s establishment and ending with the second 31 March following that day, and each successive period of 12 months.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

InformationE+W

40(1)The Board shall make to the [F24Secretary of State] a report on the exercise of their functions since the last report was made or (in the case of the first) since the Board’s establishment.E+W

(2)The first report shall be made not later than the expiry of the period of 3 years (or such shorter period as the Minister may direct) commencing with the day of the Board’s establishment.

(3)Each subsequent report shall be made not later than 3 years (or such shorter period as the [F24Secretary of State] may direct) since the last was made.

(4)The [F24Secretary of State] shall lay a copy of each report before each House of Parliament.

(5)Each report shall include a statement of action taken by the Board to enable disabled members of the public to use any services or facilities provided by the Board.

(6)The Board shall furnish the [F24Secretary of State] with such information relating to their property and the discharge and proposed discharge of their functions as he may require, and for that purpose they shall permit any person authorised by him to inspect and make copies of any accounts or other documents of the Board and shall give such explanation of them as that person or the [F24Secretary of State] may require.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Section 31.

SCHEDULE 2E+W+S+N.I. Armed Forces Museums

IntroductionE+W

1In this Schedule references to a designated institution are to an institution designated by an order under section 31(1), and references to the governing body of such an institution are to the trustees, Council or other governing body of the institution concerned.E+W

Offer of employmentE+W

2(1)The governing body of a designated institution shall make, not later than such date as the Secretary of State may determine, an offer of employment by the body concerned to each person employed immediately before that date in the civil service of the State for the purposes of the institution concerned.E+W

(2)The terms of the offer shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.

(3)In determining whether the terms of the offer are more or less favourable to that person than those enjoyed by him on the date of the offer no account shall be taken of the fact that employment with the body is not employment in the service of the Crown.

(4)An offer made in pursuance of this paragraph shall not be revocable during the period of 3 months commencing with the date on which it is made.

(5)Where a person becomes an employee of the governing body of a designated institution in consequence of this paragraph, then, for the purposes of [F25the Employment Rights Act 1996], his period of employment in the civil service of the State shall count as a period of employment by the body and the change of employment shall not break the continuity of the period of employment.

(6)Any dispute arising under this paragraph as to whether or not the terms of any employment offered by a body are, taken as a whole, less favourable than those applying to a person’s employment in the civil service of the State shall be referred to and determined by an [F26employment tribunal].

(7)An [F26employment tribunal] shall not consider a complaint whereby a dispute mentioned in sub-paragraph (6) is referred to it unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer of employment or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of 3 months.

(8)An appeal shall lie to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in proceedings before, an [F26employment tribunal] under this paragraph; and no appeal shall lie except to the Employment Appeal Tribunal from any decision of an [F26employment tribunal] under this paragraph.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F25Words in Sch. 2 para. 2(5) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 23(e) (with ss. 191, 192, 193, 194, 195, 202)

SuperannuationE+W+S+N.I.

3Employment with the governing body of a designated institution shall be included among the kinds of employment to which a scheme under section 1 of the M4Superannuation Act 1972 can apply, and accordingly Schedule 1 to that Act (in which those kinds of employment are listed) shall be construed as if it included a reference to any designated institution.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

Section 32.

SCHEDULE 3E+W+S+N.I. The Commission

StatusE+W

1The Historic Buildings and Monuments Commission for England shall be a body corporate.E+W

2(1)Subject to sub-paragraph (3), the Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.E+W

(2)The members of the Commission and of their staff shall not be regarded as civil servants and the Commission’s property shall not be regarded as property of, or held on behalf of, the Crown.

(3)In relation to any matter as respects which the Commission act by virtue of a direction under section 34(2), the Commission shall enjoy the same privileges, immunities and exemptions as those enjoyed in relation to that matter by the Secretary of State for the Environment.

(4)Subject to [F27the provisions of any] enactment, the Commission shall not be exempt from any tax, duty, rate, levy or other charge whatever (whether general or local).

F28(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C3Sch. 3 para. 2(1) restricted (1.7.2002) by 2002 c. 14, ss. 3(6), 8(2)

MembershipE+W

3(1)The Commission shall consist of not less than 8 nor more than 17 members.E+W

(2)The members shall be appointed by the Secretary of State, who shall appoint one of them to be chairman and may appoint another of them to be deputy chairman.

(3)In appointing any member, the Secretary of State shall have regard to the desirability of the person’s having knowledge or experience of one or more of the following, namely, history, archaeology, architecture, the preservation or conservation of monuments or buildings, town and country planning, tourism, commerce and finance.

(4)In appointing members, the Secretary of State shall have regard to the desirability of at least one of them having knowledge of local government (as well as knowledge or experience of one or more of the subjects mentioned in sub-paragraph (3)).

(5)Subject to the following provisions of this paragraph, a chairman, deputy chairman or other member shall hold and vacate office in accordance with the terms of his appointment, but no member shall be appointed for a period of more than 5 years.

(6)A chairman, deputy chairman or member may resign his office by notice in writing addressed to the Secretary of State.

(7)If the Secretary of State is satisfied that a member—

(a)has been absent from meetings of the Commission for a period longer than 3 consecutive months without the consent of the Commission, or

(b)has become bankrupt or made an arrangement with his creditors, or

(c)is incapacitated by physical or mental illness, or

(d)is otherwise unable or unfit to discharge the functions of a member, the Secretary of State may remove him from his office.

(8)If a chairman or deputy chairman ceases to be a member he shall also cease to be chairman or deputy chairman; and if a chairman or deputy chairman ceases to be chairman or deputy chairman he shall also cease to be a member.

(9)A person who ceases to be a member, otherwise than by virtue of sub-paragraph (7), or ceases to be chairman or deputy chairman, shall be eligible for re-appointment.

StaffE+W

4(1)There shall be a chief officer of the Commission who shall be appointed by the Commission with the approval of the Secretary of State.E+W

(2)The chief officer shall be responsible to the Commission for the general exercise of the Commission’s functions.

(3)The Commission may appoint such other employees as the Commission think fit.

(4)The Commission shall pay to their employees such remuneration and allowances as the Commission may determine.

(5)The employees shall be appointed on such other terms and conditions as the Commission may determine.

(6)The Commission may pay such pensions, allowances or gratuities as they may determine to or in respect of any of their employees, make such payments as they may determine towards the provision of pensions, allowances or gratuities to or in respect of any of their employees or provide and maintain such schemes as they may determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any of their employees.

(7)The references in sub-paragraph (6) to pensions, allowances or gratuities to or in respect of any employees include references to pensions, allowances or gratuities by way of compensation to or in respect of employees who suffer loss of office or employment.

(8)A determination under sub-paragraph (4), (5) or (6) is ineffective unless made with the approval of the Secretary of State given with the Treasury’s consent.

5(1)The Commission shall make, not later than such date as the Secretary of State may determine, an offer of employment by the Commission to each person employed in the civil service of the State whose name is notified to the Commission by the Secretary of State for the purposes of this paragraph.E+W

(2)The terms of the offer shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.

(3)In determining whether the terms of the offer are more or less favourable to that person than those enjoyed by him on the date of the offer no account shall be taken of the fact that employment with the Commission is not employment in the service of the Crown.

(4)An offer made in pursuance of this paragraph shall not be revocable during the period of 3 months beginning with the date on which it is made.

(5)Where a person becomes an employee of the Commission in consequence of this paragraph, then, for the purposes of [F29the Employment Rights Act 1996], his period of employment in the civil service of the State shall count as a period of employment by the Commission and the change of employment shall not break the continuity of the period of employment.

(6)Any dispute arising under this paragraph as to whether or not the terms of any employment offered by the Commission are, taken as a whole, less favourable than those applying to a person’s employment in the civil service of the State shall be referred to and determined by an [F30employment tribunal].

(7)An [F30employment tribunal] shall not consider a complaint whereby a dispute mentioned in sub-paragraph (6) is referred to it unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer of employment or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of 3 months.

(8)An appeal shall lie to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in proceedings before, an [F30employment tribunal] under this paragraph; and no appeal shall lie except to the Employment Appeal Tribunal from any decision of an [F30employment tribunal] under this paragraph.

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Amendments (Textual)

F29Words in Sch. 3 para. 5(5) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 23(f) (with ss. 191, 192, 193, 194, 195, 202)

F30Words in Sch. 3 para. 5 (6)(7)(8) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

ProceedingsE+W

6Subject to the following provisions of this Schedule, the Commission may regulate their own procedure (including quorum).E+W

7(1)A member of the Commission who is in any way directly or indirectly interested in a contract made or proposed to be made by the Commission, or in any other matter which falls to be considered by the Commission, shall disclose the nature of his interest at a meeting of the Commission.E+W

(2)The disclosure shall be recorded in the minutes of the meeting.

(3)A member shall not—

(a)where a contract in which the member is interested is under consideration, take part in the deliberations on or decision about the contract; and

(b)where any other matter in which the member is interested is under consideration, take part in the deliberations on or decision about the matter if the Commission decide that the member’s interest might prejudicially affect his consideration of the matter.

(4)For the purposes of this paragraph, a notice given by a member at a meeting of the Commission to the effect that he is a member of a specified body corporate or firm and is to be regarded as interested in any contract which is made with the body corporate or firm after the date of the notice, and in any other matter concerning the body corporate or firm which falls to be considered after that date, shall be a sufficient disclosure of his interest.

(5)A member need not attend in person at a meeting of the Commission in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at such a meeting.

8The validity of any proceedings of the Commission shall not be affected by any vacancy among the members, or by any defect in the appointment of any person as a member or chairman or deputy chairman, or by a failure to comply with paragraph 7.E+W

CommitteesE+W

9(1)The Commission shall constitute at least one committee to advise them on ancient monuments and at least one to advise them on historic buildings, and may constitute other committees to advise them on those or other aspects of their functions.E+W

(2)The Commission may include as members of committees persons who are not members of the Commission.

(3)The Commission may regulate the proceedings (including quorum) of committees.

(4)The Commission may pay to the members of any committee such reasonable allowances in respect of expenses or loss of remuneration as the Secretary of State may determine with the Treasury’s approval.

InstrumentsE+W

10(1)The fixing of the seal of the Commission shall be authenticated by the signature of the chairman of or some other person authorised either generally or specially by the Commission to act for that purpose.E+W

(2)A document purporting to be duly executed under the seal of the Commission, or to be signed on the Commission’s behalf, shall be received in evidence and, unless the contrary is proved, be deemed to be so executed or signed.

Members’ remunerationE+W

11(1)The Commission shall pay to members of the Commission such remuneration and such allowances in respect of expenses as the Secretary of State may determine with the Treasury’s approval.E+W

(2)In the case of any such member or past member of the Commission as the Secretary of State may with the Treasury’s approval determine, the Commission shall pay such pension, allowance or gratuity to or in respect of him, or make such payment towards the provision of such a pension, allowance or gratuity, as the Secretary of State may so determine.

(3)Where a person ceases to be a member of the Commission, and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may, with the Treasury’s approval, direct the Commission to make to that person a payment of such amount as the Secretary of State may determine with the Treasury’s approval.

AccountsE+W

12(1)The Commission shall keep proper accounts and proper records in relation to them.E+W

(2)The Commission shall prepare a statement of accounts in respect of each financial year.

(3)The statement shall give a true and fair view of the state of the Commission’s affairs at the end of the financial year and of the Commission’s income and expenditure in the financial year.

(4)The statement shall—

(a)be prepared within such period as the Secretary of State may direct; and

(b)comply with any directions given by the Secretary of State with the Treasury’s consent as to the information to be contained in the statement, the manner in which the information is to be presented or the methods and principles according to which the statement is to be prepared.

(5)The accounts (including any statement prepared under this paragraph) shall be audited by persons appointed in respect of each financial year by the Secretary of State.

(6)No person [F31shall be appointed auditor under this paragraph unless he is–

(a)eligible for appointment as a company auditor under section 25 of the Companies Act 1989; or]

(b)a member of the Chartered Institute of Public Finance and Accountancy; but a firm may be so appointed if each of its members is qualified to be so appointed.

(7)In this paragraph “financial year” means the period commencing with the day of the Commission’s establishment and ending with the second 31 March following that day, and each successive period of 12 months.

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Amendments (Textual)

F31Sch. 3 para. 12(6)(a) and the words preceding substituted by S.I. 1991/1997, reg. 2, Sch. para.49 (with reg. 4)

InformationE+W

13(1)The Commission shall make to the Secretary of State, as soon as may be after the end of each financial year, a report on the exercise of their functions since the last report was made or (in the case of the first) since the Commission’s establishment.E+W

(2)Each report shall include a copy of the statement of accounts prepared and audited under paragraph 12 in respect of the financial year.

(3)Each report shall include a statement of action taken by the Commission to promote the enjoyment of ancient monuments and historic buildings by disabled members of the public.

(4)The Secretary of State shall lay a copy of each report before each House of Parliament.

(5)As soon as may be after receiving any report made by the auditors on any accounts audited under paragraph 12, the Commission shall send a copy of the report to the Secretary of State.

(6)The Commission shall furnish the Secretary of State with such information relating to their property and the discharge and proposed discharge of their functions as he may require, and for that purpose they shall permit any person authorised by him to inspect and make copies of any accounts or other documents of the Commission and shall give such explanation of them as that person or the Secretary of State may require.

(7)In this paragraph “financial year” has the same meaning as in paragraph 12.

House of Commons disqualificationE+W+S+N.I.

14In Part III of Schedule 1 to the M5House of Commons Disqualification Act 1975 (disqualifying offices), there shall be inserted at the appropriate place in alphabetical order—E+W+S+N.I.

Any member, in receipt of remuneration, of the Historic Buildings and Monuments Commission for England.

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Marginal Citations

Section 33.

SCHEDULE 4E+W+S The Commission: Amendments

Historic Buildings and Ancient Monuments Act 1953 (c. 49)E+W+S

1In the Historic Buildings and Ancient Monuments Act 1953 (“the 1953 Act") at the end of section 2 (Historic Buildings Council for Scotland) there shall be inserted—E+W+S

(4)The said Council shall consist of a chairman appointed by the Secretary of State and such number of other members so appointed as the Secretary of State may from time to time determine, and the chairman and other members of the Council shall hold and vacate office in accordance with the terms of their appointments.

(5)The Secretary of State may out of moneys provided by Parliament pay to the chairman of the said Council such remuneration and allowances as the Secretary of State may with the approval of the Treasury determine.

No person shall be disqualified from being elected to, or sitting and voting as, a member of the House of Commons by reason of his being the chairman of the said Council; but, in relation to a chairman of the Council who is a Member of the House of Commons, this subsection shall have effect with the substitution, for the words “ remuneration and allowances ”, of the words “allowances in respect of travelling and subsistence expenses, and in respect of other expenses (if any) necessarily incurred by him for the purpose of enabling him to perform his duties as chairman,".

(6)The Secretary of State may out of moneys provided by Parliament pay to the other members of the said Council such allowances as he may with the approval of the Treasury determine in respect of travelling and subsistence expenses and in respect of other expenses (if any) necessarily incurred by them for the purpose of enabling them to perform their duties as members of the Council.

(7)Subject to any directions of the Secretary of State as to quorum or other matters, the procedure of the said Council shall be such as the Council may determine.

(8)The said Council shall, before such date in every year as the Secretary of State may fix, send to the Secretary of State a report in respect of the matters on which they have advised the Secretary of State during the previous year, and the Secretary of State shall lay a copy of the report before each House of Parliament.

(9)Without prejudice to the last preceding subsection, if at any time it appears to the said Council that there is need for action to be taken by the Secretary of State under this Part of this Act, they shall forthwith make to the Secretary of State such representations as they may think appropriate in the circumstances.

2At the end of section 3 of the 1953 Act (Historic Buildings Council for Wales) there shall be inserted—E+W+S

(3)Subsections (4) to (9) of section 2 of this Act shall apply to the said Council as they apply to the Historic Buildings Council for Scotland.

3After section 3 of the 1953 Act there shall be inserted—E+W+S

3A Grants and loans for preservation of historic buildings etc.

The Commission may make grants for the purpose of defraying in whole or in part any expenditure incurred or to be incurred in the repair or maintenance of a building which is situated in England and which appears to the Commission to be of outstanding historic or architectural interest, or in the upkeep of any land which is situated in England and which comprises, or is contiguous or adjacent to, any such building, or in the repair or maintenance of any objects ordinarily kept in any such building or in the upkeep of a garden or other land which is situated in England and which appears to the Commission to be of outstanding historic interest but which is not contiguous or adjacent to a building which appears to the Commission to be of outstanding historic or architectural interest.

(2)The power conferred by subsection (1) of this section to make grants for the purposes there mentioned shall include power to make loans for those purposes.

(3)Where a grant under this section is made to the National Trust for Places of Historic Interest or Natural Beauty, the grant may, if the Commission think fit, be made by way of endowment, subject to such provisions, by way of trust, contract or otherwise, as may appear to the Commission to be requisite for securing that, so long as it is reasonably practicable to give effect to the purposes of the endowment, the sum granted will be retained and invested by the Trust and used as a source of income for defraying the expenditure in respect of which the grant is made.

(4)A grant or loan under this section may be made subject to conditions imposed by the Commission for the purpose of securing public access to the whole or part of the property to which the grant or loan relates, or for other purposes, as the Commission may think fit.

(5)A loan made under this section shall be made on such terms as to repayment, payment of interest and otherwise as the Commission may determine.

4In section 4(1) of the 1953 Act (grants and loans for preservation of historic buildings etc.) for “appearing" there shall be substituted “ which is not situated in England and which appears ” and after “land which" there shall be inserted “ is not situated in England and which ”.E+W+S

5(1)Section 4A of the 1953 Act (recovery of grants) shall be amended as follows.E+W+S

(2)In subsection (1) for “section 4" there shall be substituted “ section 3A or 4 ”.

(3)In subsections (1), (3), (4) and (8) for “the Secretary of State" there shall be substituted “ the Commission or (as the case may be) the Secretary of State ”.

(4)In subsections (3) and (4) for “he thinks" there shall be substituted “ they think or (as the case may be) he thinks ”.

6(1)Section 5 of the 1953 Act (acquisition by Secretary of State of historic buildings etc.) shall be amended as follows.E+W+S

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

(3A)The Commission may be a party to such arrangements as are mentioned in subsection (3) of this section if the arrangements relate to property situated in England.

(3)In subsection (4) after “the appropriate" and after “the said" there shall be inserted “ Commission or ”.

7After section 5 of the 1953 Act there shall be inserted—E+W+S

5A Acquisition by the Commission of historic buildings, etc.

(1)Subject to subsection (4) of this section, the Commission shall have power to acquire by agreement, whether by purchase, lease or otherwise, or to accept a gift of—

(a)any building which is situated in England and which appears to them to be one of outstanding historic or architectural interest;

(b)any building which is situated in England and in an area designated as a conservation area under section 277 of the Town and Country Planning Act 1971 and which appears to the Commission to be of special historic or architectural interest;

(c)any land which is situated in England and which comprises, or is contiguous or adjacent to, any building mentioned in paragraph (a) or (b) of this subsection;

(d)any garden or other land which is situated in England and which appears to the Commission to be of outstanding historic interest but which is not contiguous or adjacent to a building which appears to the Commission to be of outstanding historic or architectural interest.

(2)The Commission shall have power to purchase by agreement, or to accept a gift of, any objects which it would (within the meaning of subsection (5) of this section) be historically appropriate to keep in—

(a)a building which, or any interest in which, is vested in the Commission, or a building which is under their management or in their custody, being in either case a building appearing to the Commission to be of outstanding historic or architectural interest; or

(b)a building of which the Commission are guardian under the Ancient Monuments and Archaeological Areas Act 1979; or

(c)a building situated in England which, or any interest in which, is vested in the National Trust for Places of Historic Interest or Natural Beauty.

(3)The Commission may make such arrangements as they may think fit as to the management or custody of any property acquired or accepted by them under this section, and as to the use of any such property, and may dispose of or otherwise deal with any such property as they may from time to time determine.

(4)The Commission shall not acquire or accept any property under subsection (1) of this section without the consent of the Secretary of State, which may be given subject to such conditions as he thinks fit.

(5)For the purposes of subsection (2) of this section, an object is one which it would be historically appropriate to keep in a building if—

(a)it is or has been ordinarily kept in the building; or

(b)it is historically associated with the building or connected with a person or event historically associated with the building; or

(c)objects of its kind were produced or used in a period falling within the lifetime of the building; or

(d)the Commission are of opinion that it would for some other reason be historically appropriate to keep it in the building.

5B Grants to local authorities and National Trust for acquisition of historic buildings.

(1)The Commission may make grants for the purpose of defraying in whole or in part any expenses incurred by a local authority in England in the acquisition of property situated in England under section 114 or 119(1)(b) or (c) of the Town and Country Planning Act 1971 (under which buildings of special architectural or historic interest may in certain cases be acquired by a local authority).

(2)The Commission may also make grants to the National Trust for Places of Historic Interest or Natural Beauty for the purpose of defraying in whole or in part any expenses incurred by them in the acquisition of—

(a)any building which is situated in England and which appears to the Commission to be of outstanding historic or architectural interest;

(b)any land which is situated in England and which comprises, or is contiguous or adjacent to, any such building; or

(c)any garden or other land which is situated in England and which appears to the Commission to be of outstanding historic interest but which is not contiguous or adjacent to a building which appears to the Commission to be of outstanding historic or architectural interest.

8At the end of section 6 of the 1953 Act (grants for acquisition of historic buildings) there shall be inserted—E+W+S

(4)This section applies only where the property or buildings are not situated in England.

9At the end of section 8 of the 1953 Act (endowments of historic buildings) there shall be inserted—E+W+S

(7)Where the Commission are requested in pursuance of subsection (3) of this section to manage any property the income from which is applicable for or towards the upkeep of property situated in England, they may undertake the management.

10After section 8 of the 1953 Act there shall be inserted—E+W+S

8A Power of Commission to accept endowments.

(1)Where any instrument coming into operation after the establishment of the Commission contains a provision purporting to be a gift of property to the Commission upon trust to use the income thereof (either for a limited time or in perpetuity) for or towards the upkeep of—

(a)a building acquired or accepted by the Commission under section 5A of this Act, or a building which the Commission propose so to acquire or accept, or

(b)a building which at the coming into operation of the trust instrument is or will shortly be vested in or under the management or in the custody of the Commission, being a building which is situated in England and which appears to them to be one of outstanding historic or architectural interest, or

(c)a building of which at that time the Commission are or will shortly be guardian under the Ancient Monuments and Archaeological Areas Act 1979.

or for or towards the upkeep of any such building together with other property situated in England, the Commission may accept the gift, and if they do so, and the provision does not constitute a charitable trust, the following provisions of this section shall have effect.

(2)The validity of the gift and of the trust to use the income as aforesaid (hereinafter referred to as “the endowment trust”) shall be deemed not to be, or ever to have been, affected by any rule of law or equity which would not have affected their validity if the trust had been charitable.

(3)In relation to the property (of whatsoever nature) comprised in the gift and any property for the time being representing that property (hereinafter collectively referred to as “the trust fund”) the Commission shall during the continuance of the endowment trust have the like powers of management, disposition and investment as, in the case of land held on trust for sale, are conferred by law on the trustees for sale in relation to the land and to the proceeds of sale thereof; but this subsection shall have effect without prejudice to any additional or larger powers conferred on the Commission by the trust instrument.

(4)If while the endowment trust continues an event happens such that immediately thereafter the Commission are neither entitled to any interest in the building to which the trust relates, nor have the building under their management or in their custody, nor are guardian of the building under the said Act of 1979, and apart from this subsection the endowment trust would not then be determined or be deemed to have failed, then on the happening of that event the endowment trust shall cease by virtue of this subsection and the trust fund shall devolve accordingly as on a failure of the trust.

(5)If the trust instrument contains a provision whereby on the failure or determination of the endowment trust the trust fund purports to be given, or to be directed to be held, on charitable trusts, the validity of that gift or direction shall be deemed not to be, or ever to have been, affected by any rule of law or equity relating to perpetuities.

8B Endowment of gardens.

(1)Where any instrument coming into operation after the establishment of the Commission contains a provision purporting to be a gift of property to the Commission upon trust to use the income thereof (either for a limited time or in perpetuity) for or towards the upkeep of a garden or other land acquired or accepted by the Commission under section 5A(1)(d) of this Act, or a garden or other land which the Commission propose so to acquire or accept, or for or towards the upkeep of any such garden or other land together with other property situated in England, the Commission may accept the gift, and if they do so, and the provision does not constitute a charitable trust, the following provisions of this section shall have effect.

(2)The validity of the gift and of the trust to use the income as aforesaid (hereinafter referred to as “the endowment trust”) shall be deemed not to be, or ever to have been, affected by any rule of law or equity which would not have affected their validity if the trust had been charitable.

(3)In relation to the property (of whatsoever nature) comprised in the gift and any property for the time being representing that property (hereinafter collectively referred to as “the trust fund”) the Commission shall during the continuance of the endowment trust have the like powers of management, disposition and investment as, in the case of land held on trust for sale, are conferred by law on the trustees for sale in relation to the land and to the proceeds of sale thereof; but this subsection shall have effect without prejudice to any additional or larger powers conferred on the Commission by the trust instrument.

(4)If while the endowment trust continues an event happens such that immediately thereafter the Commission are not entitled to any interest in the garden or other land to which the trust relates, and apart from this subsection the endowment trust would not then be determined or be deemed to have failed, then on the happening of that event the endowment trust shall cease by virtue of this subsection and the trust fund shall devolve accordingly as on a failure of the trust.

(5)If the trust instrument contains a provision whereby on the failure or determination of the endowment trust the trust fund purports to be given, or to be directed to be held, on charitable trusts, the validity of that gift or direction shall be deemed not to be, or ever to have been, affected by any rule of law or equity relating to perpetuities.

8C Register of Gardens.

(1)This section applies where the Commission compile a register of gardens and other land situated in England and appearing to them to be of special historic interest.

(2)The Commission shall, as soon as practicable after including in the register an entry relating to any garden or land, notify the persons mentioned in subsection (3) of this section of the inclusion and send to them a copy of the entry.

(3)The persons are—

(a)the owner and (if the owner is not the occupier) the occupier of the garden or land,

(b)any county planning authority, and any district planning authority, in whose area the garden or land (or any part of the garden or land) is situated, and

(c)the Secretary of State.

11(1)In section 9(1) of the 1953 Act (meaning of “appropriate Council") after “appropriate" there shall be inserted “ Commission or ”, in paragraph (a) for “Historic Buildings Council for England" there shall be substituted “ Commission ” and after paragraph (c) there shall be inserted “ and the expression "the appropriate Council under this Act’ shall be construed in accordance with paragraphs (b) and (c) of this subsection ” .E+W+S

(2)After section 9(1) of the 1953 Act there shall be inserted—

(1A)In this Part of this Act "the Commission’ means the Historic Buildings and Monuments Commission for England.

Pastoral Measure 1968 (No. 1)E+W+S

12(1)Section 66 of the Pastoral Measure 1968 (transfer of redundant churches) shall be amended as follows.E+W+S

(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 of this Measure 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) of this section ”.

(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) of this section without the consent of the Secretary of State.

(4)In subsection (2)(a) after “the Minister" 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 Minister" there shall be inserted “ or (as the case may be) the Historic Buildings and Monuments Commission for England ”.

(5)In subsection (3) after “the said Minister" there shall be inserted “ or (as the case may be) the Historic Buildings and Monuments Commission for England ” and after “the Minister" (in both places) there shall be inserted “ or the Commission ”.

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

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

(7)In subsection (4) after “the Minister" (in the first place) there shall be inserted “ or the Historic Buildings and Monuments Commission for England ” and after “the Minister" (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) of this section unless—

(a)the land is situated in England, and

(b)the Secretary of State has consented.

(9)In subsection (5) after “the said Minister" 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 Minister under subsection (1) of this section either with or without any other land so situated, the Historic Buildings and Monuments Commission for England may by agreement with the Minister undertake on his behalf the management and preservation of the building (or part) together with the other land (if any).

(7)Where the Minister has under subsection (4) of this section acquired land situated in England for its maintenance with a building (or part), the Commission may undertake, in any agreement made under subsection (6) of this section in relation to the building (or part), the maintenance of the land on behalf of the Minister.

(8)Where the Minister has under subsection (5) of this section acquired for their preservation the contents of a redundant building (or part), the Commission may undertake, in any agreement made under subsection (6) of this section in relation to the building (or part), the preservation of the contents on behalf of the Minister.

Redundant Churches and Other Religious Buildings Act 1969 (c. 22)E+W

F3213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F3314. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Town and Country Planning Act 1971 (c. 78)E+W

15—17.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34E+W

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Amendments (Textual)

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35E+W

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Amendments (Textual)

19—21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36E+W

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Amendments (Textual)

Town and Country Planning (Amendment) Act 1972 (c. 42)E+W

22(1)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37E+W

F38(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

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Amendments (Textual)

23, 24.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)E+W+S

25(1)In the Ancient Monuments and Archaeological Areas Act 1979 (“the 1979 Act") section 1 (Schedule of monuments) shall be amended as follows.E+W+S

(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.

26After section 1 of the 1979 Act there shall be inserted—E+W+S

1A Commission’s functions as to informing and publishing.

(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—E+W+S

(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.E+W+S

(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.

29At the end of section 4(3) of the 1979 Act (modification and revocation of scheduled monument consent) there shall be inserted—E+W+S

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.

30At the end of section 5 of the 1979 Act (works to preserve scheduled monument) there shall be inserted—E+W+S

(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(1)At the end of section 6(5) of the 1979 Act (power of entry to preserve monument from damage) there shall be inserted—E+W+S

This subsection does not apply to land in England.

(2)Nothing in this paragraph affects an authorisation given before the appointed day.

32After section 6 of the 1979 Act there shall be inserted—E+W+S

6A Commission’s powers of entry in relation to scheduled monuments.

(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.

33In 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 ”.E+W+S

34(1)Section 8 of the 1979 Act (recovery of compensation) shall be amended as follows.E+W+S

(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.

35In 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 ”.E+W+S

36At 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. ”E+W+S

37(1)Section 11 of the 1979 Act (acquisition by agreement or gift) shall be amended as follows.E+W+S

(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.E+W+S

(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.E+W+S

(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.E+W+S

(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.E+W+S

(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.E+W+S

(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.E+W+S

(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.E+W+S

(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.E+W+S

(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.E+W+S

(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.E+W+S

(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.E+W+S

(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.E+W+S

(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.

50In section 28(3) of the 1979 Act (offences: meaning of “protected monument") after “Secretary of State" there shall be inserted “ or the Commission ”.E+W+S

51In 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) ”.E+W+S

52(1)Section 30 of the 1979 Act (disposal of land acquired under Part I) shall be amended as follows.E+W+S

(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) ”.

53In 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) ”.E+W+S

54(1)Section 33 of the 1979 Act (designation of areas of archaeological importance) shall be amended as follows.E+W+S

(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.E+W+S

(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) ”.

56In section 37 of the 1979 Act (exemptions from certain offences) at the end of subsection (3) there shall be inserted—E+W+S

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.E+W+S

(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.

58In 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 E+W+S

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

59In 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) ”.E+W+S

60(1)Section 42 of the 1979 Act (restrictions on use of metal detectors) shall be amended as follows.E+W+S

(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.E+W+S

(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.E+W+S

(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.E+W+S

(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.

64In 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 ”.E+W+S

65In section 54(1)(b) of the 1979 Act (treatment and preservation of finds) after “(4)(b)" there shall be inserted “ or 6A(2)(a) ”.E+W+S

66In 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 ”.E+W+S

67(1)Section 61 of the 1979 Act (interpretation) shall be amended as follows.E+W+S

(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.E+W+S

(2)After paragraph 2 there shall be inserted—

2AAs 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.E+W+S

(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—

9ABefore 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)E+W+S

70(1)Section 66 of the Pastoral Measure 1983 (transfer of redundant churches) shall be amended as follows.E+W+S

(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.

InterpretationE+W

71A 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.E+W

Section 40.

SCHEDULE 5E+W+S+N.I. Minor and Consequential Amendments

National Gallery and Tate Gallery Act 1954 (c. 65)E+W+S+N.I.

F401. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F412. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Public Records Act 1958 (c. 51)E+W+S+N.I.

3In 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—E+W+S+N.I.

  • Armouries

  • Historic Buildings and Monuments Commission for England

  • Royal Botanic Gardens, Kew

  • Science Museum

  • Victoria and Albert Museum.

Charities Act 1960 (c. 58)E+W+S+N.I.

F424. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
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Amendments (Textual)

British Museum Act 1963 (c. 24)E+W+S+N.I.

F435. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

British Library Act 1972 (c. 54)E+W+S+N.I.

F457. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Section 40.

SCHEDULE 6E+W+S+N.I. Repeals

ChapterShort titleExtent of repeal
7 Edw. 7. c. 29.Patents and Designs Act 1907.Section 47(1).
1 & 2 Eliz. 2. c. 49.Historic Buildings and Ancient Monuments Act 1953.Section 1.
Section 2(2).
Section 3(2).
2 & 3 Eliz. 2. c. 65.National Gallery and Tate Gallery Act 1954.Section 4(2).
6 & 7 Eliz. 2. c. 51.Public Records Act 1958.In Part I of the Table in paragraph 3 of Schedule 1, the entries relating to the Victoria and Albert Museum and the Science Museum.
1972 c. 42.Town and Country Planning (Amendment) Act 1972.In section 10(4) the words “England" and “the Historic Buildings Council for England".
In section 10B(11), the definition of “the appropriate advisory Council".
1979 c. 46.Ancient Monuments and Archaeological Areas Act 1979.In section 22, subsections (1)(a), (2) and (5)(a).
In section 23, the words “The Ancient Monuments Board for England".

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