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LEGISLACION EN EUROPA
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LEGISLACION EN EUROPA
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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
(3) For the purposes of this section-
(a) a body corporate or corporation sole is a limited owner of any land in which it has an interest ; and
(b) any other persons are limited owners of land in which they have an interest only if they hold that
interest in one or other of the capacities mentioned in subsection
(4) below.
(4) The capacities referred to in subsection (3)(b) above are the following-
(a) as tenant for life or statutory owner within the meaningof the Settled Land Act 1925 ; 1925 c. 18.
(b) as trustees for sale within the meaning of the Law of 1925 c. 20. Property Act 1925 ;
(c) as liferenter or heir of entail in possession (in Scotland) ;and
(d) as trustees for charities or as commissioners or trustees for ecclesiastical, collegiate or other pub-
lic purposes.
(5) The Trusts (Scotland) Act 1921 shall have effect as if 1921 c. 58. among the powers conferred on
trustees by section 4 of that Act (general powers of trustees) there were included a power to do any
of the following acts in relation to the trust estate or any part of it, that is to say-
(a) to execute a guardianship deed ;
(b) to grant any servitude or other right which the Secretary of State or any local authority are au-
thorised to acquire under section 16 of this Act ; and
(c) to enter into an agreement under section 17 of this Act.
Public access to monuments under public control.
(6) Subject to subsection (7) below, where a person who is a limited owner of any land by virtue of
holding an interest in the land in any of the capacities mentioned in subsection (4) above executes a
guardianship deed in relation to the land the guardianship deed shall bind every successive owner of
any estate or interest in the land.
(7) Where the land to which a guardianship deed relates is at the date of the deed subject to any
incumbrance not capable of being overreached by the limited owner in exercise of any powers of
sale or management conferred on him by law or under any settlement or other instrument, the deed
shall not bind the incumbrancer.
(8) Subject to subsection (9) below, where an agreement under section 17 of this Act to which a lim-
ited owner is a party expressly provides that the agreement as a whole or any restriction, prohibition
or obligation arising thereunder is to be binding on his successors (but not otherwise), subsections
(6) and (7) above shall apply to the agreement or (as the case may be) to the restriction, prohibition
or obligation in question as they apply to a guardianship deed.
(9) Subsection (8) above does not apply to an agreement relating to any land in Scotland unless it is
recorded in the Registerof Sasines.
Public access to monuments under public control
19.
(1) Subject to the following provisions of this section, the public shall have access to any monument
under the ownership or guardianship of the Secretary of State or any local authority by virtue of this Act.
(2) The Secretary of State and any local authority may nevertheless control the times of normal
public access to any monument under their ownership or guardianship by virtue of this Act and may
also, if they consider it necessary or expedient to do so in the interests of safety or for the mainte-
nance or preservation of the monument, entirely exclude the public from access to any such monu-
ment or to any part of it, for such period as they think fit :
Provided that-
(a) the power of a local authority under this subsection to control the times of normal public access
to any monument shall only be exercisable by regulations under this section ; and
(b) the power of a local authority under this subsection entirely to exclude the public fromaccess to any
monument with a view to its preservation shall only be exercisablewith the consent of the Secretary of State.
(3) The Secretary of State and any local authority may by PART I regulations under this section regu-
late public access to any monument, or to all or any of the monuments, under their ownership or
guardianship by virtue of this Act and any such regulations made by the Secretary of State may also
apply to any monument, or to all or any of the monuments, under his control or management for
any other reason.
(4) Without prejudice to the generality of subsection (3) above, regulations made by the Secretary of
State or a local authority under this section may prescribe the times when the public are to have ac-
cess to monuments to which the regulations apply and may make such provision as appears to the
Secretary of State or to the local authority in question to be necessary for-
(a) the preservation of any such monument and its amenities or of any property of the Secretary of
State or local authority ; and
(b) prohibiting or regulating any act or thing which would tend to injure or disfigure any such monu-
ment or its amenities or to disturb the public in their enjoyment of it; and may prescribe charges for
the admission of the public to any such monument or to any class or description of monuments to
which the regulations apply.
(5) Without prejudice to subsections (3) and (4) above, the Secretary of State and any local authority
shall have power to make such charges as they may from time to time determine for the admission
of the public to any monument under their ownership or guardianship by virtue of this Act or (in the
case of the Secretary of State) to any monument otherwise under his control or management.
(6) Notwithstanding subsection (1) above, any person authorised in that behalf by the Secretary of
State or by a local authority may refuse admission-
(a) to any monument under the ownership or guardianship of the Secretary of State or (as the case
may be) of that local authority by virtue of this Act ; or
(b) (in the case of the Secretary of State) to any monument otherwise under his control or manage-
ment ; to any person he has reasonable cause to believe is likely to do anything which would tend to
injure or disfigure the monument or its amenities or to disturb the public in their enjoyment of it.
(7) If any person contravenes or fails to comply with any provision of any regulations under this
section, he shall be liable on summary conviction or, in Scotland, on conviction before a court of sum-
mary jurisdiction, to a fine not exceeding £50.
(8) Regulations made by a local authority under this section shall not take effect unless they are sub-
mitted to and confirmed by the Secretary of State, and the Secretary of State may confirm any such
regulations either with or without modifications.
(9) In relation to any monument under guardianship, subsection (1) above is subject to any provision
to the contrary in the guardianship deed.
20.
(1) The Secretary of State and any local authority may provide such facilities and information or other
services for the public for or in connection with affording public access-
(a) to any monument under their ownership or guardianship by virtue of this Act ; or
(b) (in the case of the Secretary of State) to any monument otherwise under his control or manage-
ment ; as appear to them to be necessary or desirable.
(2) Facilities and information or other services for the public may be provided under this section in or
on the monument itself or on any land associated with the monument.
(3) The Secretary of State and any local authority shall have power to make such charges as they may
from time to time determine for the use of any facility or service provided by them for the public
under this section.
Transfer of ownership and guardianship of ancient monuments
21.
(1) Subject to subsection (2) below, the Secretary of State and any local authority may, in respect of
any monument of which they are the owners or guardians by virtue of this Act or any land associ-
ated with any such monument, enter into and carry into effect any agreements for the transfer-
(a) from the Secretary of State to the local authority ;
(b) from the local authority to the Secretary of State ; or
(c) from the local authority to another local authority ; of that monument or land or (as the case may
be) of the guardianship of that monument or land.
(2) Where the Secretary of State or the local authority in question are guardians of a monument
or associated land, they may not enter into an agreement under this section with respect to that
monument or land without the consent of the persons who are for the time being immediately af-
fected by the operation of the guardianship deed.
Ancient Monuments Boards
22.
(1) The advisory boards constituted under section 15 of Ancient the Ancient Monuments Consolida-
tion and Amendment Act Monuments 1913 shall continue to exist under the names by which they
were Boards. respectively known immediately before the commencement of this Act, that is to say-
(a) the Ancient Monuments Board for England ;
(b) the Ancient Monuments Board for Scotland ; and
(c) the Ancient Monuments Board for Wales.
(2) The Ancient Monuments Board for England shall consist of members representing the following
