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LEGISLACION EN EUROPA
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LEGISLACION EN EUROPA
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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
16.
(1) The Secretary of State may acquire, by agreement or Acquisitionil compulsorily, over land adjoin-
ing or in the vicinity of any of easements monument which is under his ownership by virtue of this
Act, and other any easement which appears to him to be necessary- similar rights over land in the
(a) for any of the purposes relating to that monument vicinity of mentioned in section 15(1) of this
Act ; or an ancient
(b) for the use of any land associated with that monument monument.
for any of those purposes.
(2) A local authority may by agreement acquire over land adjoining or in the vicinity of any monu-
ment which is under their ownership by virtue of this Act any such easement as the Secretary of
State may acquire by virtue of subsection (1) above.
(3) The power of acquiring an easement under subsection (1) or (2) above shall include power to
acquire any such easement by the grant of a new right.
(4) The Secretary of State or any local authority may acquire, for the benefit of any monument or
land under his or their guardianship by virtue of this Act, a right of any description which he or they
would be authorised to acquire under any of the preceding provisions of this section if the monu-
ment or land was under his or their ownership by virtue of this Act, and
those provisions shall apply accordingly in any such case.
(5) Any right to which subsection (4) above applies-
(a) shall be treated for the purposes of its acquisition under this section and in all other respects as if
it were a legal easement ; and
(b) may be enforced by the guardians for the time being of the monument or land for whose benefit
it was acquired as if they were the absolute owner in possession of that monument or land.
(6) Any right to which subsection (4) above applies which is acquired by agreement under this sec-
tion for a purpose relating to any monument under guardianship, or for the use of any land associ-
ated with any such monument for any purpose relating to that monument
(a) subject to any provision to the contrary in the agreement under which it was acquired, may be
revoked by the grantor ; and
(b) may be revoked by any successor in title of the grantor as respects any of the land over which it is
exercisable in which he has an interest ; if the monument ceases to be under guardianship other-
wise than by virtue of being acquired by its guardians or ceases to exist.
(7) References above in this section to an easement or (as the case may be) to a legal easement shall
be construed in relation to land in Scotland as references to a servitude.
(8) Any right to which subsection (4) above applies-
(a) shall be a local land charge, if it relates to land in England andWales ; and
(b) may be recorded in the Register of Sasines, if it relates to land in Scotland.
(9) The Acquisition of Land (Authorisation Procedure) Act1946 shall apply to any compulsory acquisi-
tion by the Secretary of State under this section of any easement over land in England andWales as it
applies to a compulsory acquisition by another Minister in a case falling within section 1(1) of that Act.
(10) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to any compul-
sory acquisition by the Secretary of State under this section of any servitude over land in Scotland as
it applies to a compulsory acquisition by another Minister or by the Secretary of State under section
58 of the 1972 c. 58. National Health Service (Scotland) Act 1972 in a case falling
within section 1(1) of the said Act of 1947.
1965 c. 56. (11) The provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable) other
than sections 4 to 8, section 10 Ancient Monuments and Archaeological Areas c.
Act 1979 and section 31, shall apply in relation to any acquisition by agreement under this section of
any easement over land in England andWales.
(12) For the purposes of any acquisition by agreement under this section of any servitude over land
in Scotland-
(a) the Lands Clauses Acts (with the exception of the provisions excluded by subsection (13) below)
and sections 6 and 70 to 78 of the Railways Clauses Consolidation 1845 c. 33. (Scotland) Act 1845 (as
originally enacted and not as amended by section 15 of the Mines (Working Facili- 1923 c. 20.
ties and Support) Act 1923) shall be incorporated with this section ; and
(b) in construing those Acts for the purposes of this section, this section shall be deemed to be the
special Act and the Secretary of State or the local authority acquiring the servitude shall be deemed
to be the promoter of the undertaking or company (as the case may require).
(13) The provisions of the Lands Clauses Acts excluded from being incorporated with this section are-
(a) those which relate to the acquisition of land otherwise than by agreement ;
(b) those which relate to access to the special Act ; and
(c) sections 120 to 125 of the Lands Clauses Consolidation 1845 c. 19. (Scotland) Act 1845.
Agreements concerning ancient monuments, etc.
17.
(1) The Secretary of State may enter into an agreement Agreements under this section with the occupier
of an ancient monument or concerning of any adjoining or in the vicinity of an ancient monument.
(2) A local authority may enter into an agreement under this and land inty their vicinity. section with
the occupier of any ancient monument situated in or in the vicinity of their area or with the occupier
of any land adjoining or in the vicinity of any such ancient monument.
(3) Any person who has an interest in an ancient monument or in any land adjoining or in the vicinity of
an ancient monument may be a party to an agreement under this section in addition to the occupier.
(4) An agreement under this section may make provision for all or any of the following matters with
respect to the monument or land in question, that is to say-
(a) the maintenance and preservation of the monument and its amenities ;
(b) the carrying out of any such work, or the doing of any such other thing, in relation to the monu-
ment or land as may be specified in the agreement ;
(c) public access to the monument or land and the provision of facilities and information or other
services for the use of the public in that connection ;
(d) restricting the use of the monument or land ;
(e) prohibiting in relation to the monument or land the doing of any such thing as may be specified
in the agreement ; and (fl the making by the Secretary of State or (as the case may be) by the local
authority of payments in such manner, of such amounts and on such terms as may be so specified
(and whether for or towards the cost of any work provided for under the agreement or in consid-
eration of any restriction, prohibition or obligation accepted by any other party thereto) ; and may
contain such incidental and consequential provisions as appear to the Secretary of State or (as the
case may be) to the local authority to be necessary or expedient.
(5) Where an agreement under this section expressly provides that the agreement as a whole or any
restriction, prohibition or obligation arising thereunder is to be binding on the successors of any
party to the agreement (but not otherwise), then, as respects any monument or land in England and
Wales, every person deriving title to the monument or land in question from, through or under that
party shall be bound by the agreement, or (as the case may be) by that restriction, prohibition or
obligation, unless he derives title by virtue of any disposition made by that party before the date of
the agreement.
(6) An agreement under this section relating to any monument or land in Scotland and containing
any such provision as is mentioned in subsection (5) above may be recorded in the Register of Sas-
ines, and that subsection shall apply to any such agreement which is so recorded or (as the case may
be) to any restriction, prohibition or obligation to which that provision relates.
(7) Neither
1925 c. 20. (a) section 84 of the Law of Property Act 1925 (power of Lands Tribunal to discharge or
modify restrictive covenants) ; nor
1970 c. 35. (b) sections 1 and 2 of the Conveyancing and Feudal Reform (Scotland) Act 1970 (power of
Lands Tribunal for Scotland to vary or discharge land obligations) ; shall apply to an agreement under
this section.
(8) Nothing in any agreement under this section to which the Secretary of State is a party shall be
construed as operating as a scheduled monument consent.
Powers of limited owners
18.
(1) Subject to section 12 of this Act, a person may Powers of establish guardianship of any land under
subsection (1) or (2) of limited that section or join in executing a guardianship deed for the owners
for purposes of purposes of that section notwithstanding that he is a limited sections 12, owner of
the land. 16 and 17.
(2) A person may-
(a) grant any easement, servitude or other right over land which the Secretary of State or any local
authority are authorised to acquire under section 16 of this Act ; or
(b) enter into an agreement under section 17 of this Act with respect to any land ; notwithstanding
that he is a limited owner of the land.
