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LEGISLACION EN EUROPA
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LEGISLACION EN EUROPA
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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
(4) A person who is not the occupier of an ancient monument may not establish guardianship of
the monument under this section unless the occupier is also a party to the deed executed for the
purposes of subsection (1) or (2) above.
(5) Any person who has an interest in an ancient monument may be a party to any such deed in ad-
dition to the person establishing the guardianship of the monument and (where the latter is not the
occupier) the occupier.
(6) In relation to any monument of which the Secretary of State or any local authority have been
constituted the guardians under this Act, references below in this Act to the guardianship deed are
references to the deed executed for the purposes of subsection (1) or (as the case may be) subsection
(2) above.
(7) A guardianship deed relating to any ancient monument situated in England andWales shall be a
local land charge.
(8) A guardianship deed relating to any ancient monument situated in Scotland may be recorded in
the Register of Sasines.
(9) Every person deriving title to any ancient monument from, through or under any person who has
executed a guardianship deed shall be bound by the guardianship deed unless-
(a) in the case of a monument in England andWales, he derives title by virtue of any disposition
made by the person who executed the deed before the date of the deed ; or
(b) in the case of a monument in Scotland, he is a person who in good faith and for value acquired right
(whether completed by infeftment or not) to his interest in the monument before the date of the deed.
(10) The Secretary of State or a local authority shall not consent to become guardians of any struc-
ture which is occupied as a dwelling house by any person other than a person employed as the
caretaker thereof or his family.
(11) Except as provided by this Act, any person who has any estate or interest in a monument under
guardianship shall have the same right and title to, and estate or interest in, the monument in all
respects as if the Secretary of State or (as the case may be) the local authority in question had not
become guardians of the monument.
13.
(1) The Secretary of State and any local authority shall guardianship. be under a duty to maintain any
monument which is under their guardianship by virtue of this Act.
(2) The Secretary of State and any local authority shall have full control and management of any
monument which is under their guardianship by virtue of this Act.
(3) With a view to fulfilling their duty under subsection (1) above to maintain a monument of which
they are the guardians, the Secretary of State or any local authority shall have power to do all such
things as may be necessary for the maintenance of the monument and for the exercise by them of
proper control and management with respect to the monument.
(4) Without prejudice to the generality of the preceding provisions of this section, the Secretary of
State or any local authority shall have power-
(a) to make any examination of a monument which is under their guardianship by virtue of this Act ;
(b) to open up any such monument or make excavations therein for the purpose of examination or
otherwise ; and
(c) to remove the whole or any part of any such monument to another place for the purpose of pre-
serving it.
(5) The Secretary of State or any local authority may at any reasonable time enter the site of a monu-
ment which is under their guardianship by virtue of this Act for the purpose of exercising any of
their powers under this section in relation to the monument (and may authorise any other person to
exercise any of those powers on their behalf).
(6) Subsections (2) to (4) above are subject to any provision to the contrary in the guardianship deed.
(7) In this Part of this Act « maintenance « includes fencing, repairing, and covering in, of a monu-
ment and the doing of any other act or thing which may be required for the purpose of repairing the
monument or protecting it from decay or injury, and « maintain « shall be construed accordingly.
14.
(1) Subject to the following provisions of this section, Termination where the Secretary of State or a
local authority have become of guardianguardians of any monument under this Act, they may by
agree- shipment made with the persons who are for the time being immediately affected by the
operation of the guardianship deed-
(a) exclude any part of the monument from guardianship ; or
(b) renounce guardianship of the monument ; but except as provided above the monument shall re-
main under guardianship (unless it is acquired by its guardians) until an occupier of the monument
who is entitled to terminate the guardianship gives notice in writing to that effect to the guardians
of the monument.
An occupier of a monument is entitled to terminate the guardianship of the monument if
(a) he has any interest in the monument which would qualify him to establish guardianship of the
monument under section 12 of this Act ; and
(b) he is not bound by the guardianship deed.
(2) A local authority shall consult with the secretary of state before entering into any agreement
under this section.
(3) Neither the Secretary of State nor a local authority may enter into any such agreement unless he
or they are satisfied with respect to the part of the monument or (as the case may be) with respect
to the whole of the monument in question-
(a) that satisfactory arrangements have been made for ensuring its preservation after termination of
the guardianship ; or
(b) that it is no longer practicable to preserve it (whether because of the cost of preserving it or otherwise).
(4) An agreement under this section must be made under seal in the case of a monument situated in
England andWales.
(5) Where in the case of a monument situated in Scotland the guardianship deed has been recorded
in the Register of Sasines in accordance with section 12 of this Act an agreement under this section
relating to that monument may also be so recorded.
Acquisition and guardianship of land in the vicinityof an ancient monument, etc.
15
. (1) References in sections 10 to 12 of this Act to an ancient monument shall include references to any
land adjoining or in the vicinity of an ancient monument which appears to the Secretary of State or a
local authority to be reasonably required for any of the following purposes, that is to say-
(a) the maintenance of the monument or its amenities ;
(b) providing or facilitating access to the monument ;
(c) the exercise of proper control or management with respect to the monument ;
(d) the storage of equipment or materials for the purpose mentioned in paragraph (a) above ; and
(e) the provision of facilities and services for the public for or in connection with affording public ac-
cess to the monument ;
(and one of those purposes shall accordingly be sufficient to support the compulsory acquisition of
any such land under section 10(1) of this Act, instead of the purpose there mentioned).
(2) Land may be acquired or taken into guardianship by virtue of this section for any of the purposes
relating to an ancient monument mentioned in subsection (1) above either at the same time as the
monument or subsequently.
(3) The Secretary of State and any local authority shall have full control and management of any land
which is under their guardianship by virtue of this Act after being taken into guardianship by virtue
of this section for a purpose relating to any ancient monument, and shall have power to do all such
things as may be necessary-
(a) for the exercise by them of proper control and management with respect to the land ; and
(b) for the use of the land for any of the purposes relating to the monument mentioned in subsec-
tion (1) above.
(4) The Secretary of State and any local authority may at PART I any reasonable time enter any land
which is under their guardianship by virtue of this Act for the purpose of exercising their power
under subsection (3) above (and may authorise any other person to do so, and to exercise that power,
on their behalf).
(5) Section 14(1) and (2) of this Act shall apply in relation to any land taken into guardianship by virtue
of this section for any purpose relating to an ancient monument as they apply in relation to a monu-
ment, but, apart from any termination of guardianship by virtue of that section, any such land shall
also cease to be under guardianship if the monument in question ceases to be under guardianship
otherwise than by virtue of being acquired by its guardians or ceases to exist.
(6) References below in this Act, in relation to any monument of which the Secretary of State or a
local authority are the owners or guardians by virtue of this Act, to, land associated with that monu-
ment (or to associated land) are references to any land acquired or taken into guardianship by virtue,
of this section for a purpose relating to that monument, or appropriated for any such purpose under
a power conferred by any other enactment.
