Trading functions

New trading functions of the Commission
4
1
In section 33 of the National Heritage Act 1983 (Commission’s general functions), in subsection (2), after paragraph (d) insert—
e
may produce souvenirs relating to ancient monuments or historic buildings situated in England and sell souvenirs.
2
After that section insert—

Functions relating to foreign monuments and buildings
33A
1
The Commission may—
a
produce and publish, or sell, books, films or other informative material relating to foreign ancient monuments or foreign historic buildings;
b
produce or sell souvenirs relating to such monuments or buildings;
c
provide (whether on payment or otherwise) advice, assistance or other services in respect of, or information relating to, such monuments or buildings.
2
For this purpose—
a
“ancient monument” and “historic building” have the meaning given in section 33(8), and
b
an ancient monument or historic building is “foreign” if it is not situated—
i
in the United Kingdom, or
ii
in the case of a monument, in, on or under the seabed within the seaward limits of the territorial waters of the United Kingdom.

Powers to exploit intangible assets
33B
1
The Commission may exploit any intellectual property, or any other intangible asset, relating to ancient monuments or historic buildings.
2
In subsection (1) the references to “ancient monuments” and “historic buildings” are to ancient monuments and historic buildings within the meaning of section 33(8) that—
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).
3
An order under section 33(10) applies for the purposes of subsection (2) as it applies for the purposes of section 33(9).
4
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).
5
This section is without prejudice to any power of the Commission to do anything authorised by this section by virtue of section 33 or 33A.