National Heritage Act 2002

5 Objects of companies formed by the CommissionE+W+S+N.I.

(1)Amend section 35 of the National Heritage Act 1983 (c. 47) (power of Commission to form companies) as follows.

(2)In subsection (2)—

(a)in paragraph (a) for “in England” substitute “ , or sale, ”;

(b)after paragraph (a) insert—

(ab)the provision (whether on payment or otherwise) of advice, assistance or other services in respect of, or information relating to, ancient monuments or historic buildings,;

(c)in paragraph (b)—

(i)the words “in England” are repealed, and

(ii)after “buildings” insert “ , or sale of souvenirs ”; and

(d)for paragraph (c) substitute—

(ca)the exploitation of any intellectual property, or any other intangible asset, relating to ancient monuments or historic buildings, and.

(3)After subsection (3) insert—

(3A)In subsection (2), the references to “ancient monuments” and “historic buildings” are to those which—

(a)are situated—

(i)in England, or

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

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

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

(3C)In this section “intellectual property” means—

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

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