Part VIII

Buildings, etc.

Statues and monuments.
96
1
A local authoritymay—
a
erect, maintain, or permit the erection or maintenance of, any statue or monument in any public place;
b
demolish or remove to another site any statue or monument maintained by them;
c
by notice in writing require the owner of any statue or monument not maintained by them which is in a public place owned by them, within such reasonable time as may be specified in the notice, to put it in good order and repair, or demolish it or remove it to another site:
Provided that the powers conferred by paragraphs (a) and (b) above shall not be exercised without the prior consent of—
1. the owner of the land on which the statue or monument is, or is proposed to be, situated; and
2. where such land is a road, the roads authority.
and the powers conferred by paragraphs (b) and (c) above shall be exercised only where the authority consider it expedient to exercise them for reasons of public safety or the better use of the site on which the statue or monument has been erected.
2
Sections 99 to 109 of this Act shall apply in relation to a statue or monument in respect of which a notice is served under paragraph (c) of subsection (1) above with the following modifications—
a
any reference in these sections to the land or premises shall be construed as a reference to the statue or monument; and
b
any reference to a tenant or other occupier of land or premises shall be construed as a reference to the tenant or other occupier of the land or premises in or on which the statue or monument is situated.
3
This section is without prejudice to section 53 of the Town and Country Planning (Scotland) Act 1972 (control of works for demolition, alteration or extension of listed building) or section 2 of the Ancient Monuments and Archaeological Areas Act 1979 (control of works affecting scheduled monuments).
Words in s. 96(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 129(14); S.I. 1996/323, art. 4(1)(c)
S. 96(1)(ii) substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 87(5)
1972 c. 52.
1979 c. 46.
Act partly in force at Royal Assent see s. 137(2); Act wholly in force at 1. 1. 1985 see S.I. 1983/201 as amended by S.I. 1984/573 and 744.
Act (except s. 16 which applies to England and Wales) applies to Scotland only see s. 137(9).
Act excluded (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act (c. xix), ss. 1, 12(2), Sch. Pt. V