National Heritage Act 1983 is up to date with all changes known to be in force on or before 18 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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An Act to establish Boards of Trustees of the Victoria and Albert Museum, the Science Museum, the Armouries and the Royal Botanic Gardens, Kew, to transfer property to them and confer functions on them, to make provision in relation to government grants to, and employment by, armed forces museums, to establish a Historic Buildings and Monuments Commission for England, to confer functions on the Commission, to dissolve the Historic Buildings Council for England and the Ancient Monuments Board for England, to amend certain enactments relating to the heritage and for connected purposes.
X1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
X1 The text of ss. 32–43 and Schs. 3–6 can also be found in S.I.F. Group 3 (Ancient Monuments and Memorials).
I1 Act not in force at Royal Assent see s. 41: Act partly in force at 13.7.1983 see s. 41(3): Act wholly in force at 1.4.1984.
(1) There shall be a body known as the Board of Trustees of the Victoria and Albert Museum.
(2) Part I of Schedule 1 shall have effect with respect to the Board.
Modifications etc. (not altering text)
C1 Ss. 1-16: functions of the Secretary of State transferred by S.I. 1983/879, 1984/1814, 1986/600, 1992/1311 and as from 29.4.1986 to 2.7.1992 exercisable by the Lord President of the Council by virtue of S.I. 1986/600, arts. 2(1), 7(1), Sch 1 Pt. I and as from 3.7.1992 again exercisable by the Secretary of State by virtue of S.I. 1992/1311, art. 3(1), Sch. 1 Pt.I and references to the Secretary of State from 29.4.1986 to 2.7.1992 and from 3.7.1992 to be construed accordingly by virtue of S.I. 1986/600, art. 7(1) and S.I. 1992/1311, art. 12(4)
(1) So far as practicable and subject to the provisions of this Act, the Board shall—
(a) care for, preserve and add to the objects in their collections,
(b) secure that the objects are exhibited to the public,
(c) secure that the objects are available to persons seeking to inspect them in connection with study or research, and
(d) generally promote the public’s enjoyment and understanding of art, craft and design, both by means of the Board’s collections and by such other means as they consider appropriate.
(2) For those purposes the Board may, subject to the provisions of this Act—
(a) provide education, instruction and advice and carry out research,
(b) enter into contracts and other agreements (including agreements for the Board’s occupation or management of the building known as the Victoria and Albert Museum or other premises), and
(c) acquire and dispose of land and other property.
(3) Subject to the provisions of this Act, the Board may do such things (including requiring payment for admission or for other services or for goods provided by them) as they think necessary or expedient—
(a) for preserving, and increasing the utility of, their collections,
(b) for securing the due administration of anything vested in or acquired by them, and any premises occupied or managed by them, under or by virtue of this Act, and
(c) otherwise for the purposes of their functions.
(4) If a Minister of the Crown directs the Board to exercise functions which are exercisable by him (whether by virtue of an enactment or otherwise), which in his opinion can appropriately be exercised by the Board having regard to their functions and resources, and which are specified in the direction, the Board shall exercise them on his behalf in such manner as he may from time to time direct; but nothing in this subsection authorises the Board to exercise a function of making regulations or other instruments of a legislative character.
(5) The Board shall not acquire or dispose of land without the Secretary of State’s consent.
(6) The Board may allow premises occupied or managed by them to be used by other persons (for payment or otherwise) for purposes not connected with the functions mentioned in subsection (1) if the Board are satisfied that to do so would not conflict unduly with those functions.
Modifications etc. (not altering text)
C2 Ss. 1-16: functions of the Secretary of State transferred by S.I. 1983/879, 1984/1814, 1986/600, 1992/1311 and as from 29.4.1986 to 2.7.1992 exercisable by the Lord President of the Council by virtue of S.I. 1986/600, arts. 2(1), 7(1), Sch 1 Pt. I and as from 3.7.1992 again exercisable by the Secretary of State by virtue of S.I. 1992/1311, art. 3(1), Sch. 1 Pt.I and references to the Secretary of State from 29.4.1986 to 2.7.1992 and from 3.7.1992 to be construed accordingly by virtue of S.I. 1986/600, art. 7(1) and S.I. 1992/1311, art. 12(4)
(1) With the consent of the Secretary of State and subject to any conditions he may impose, the Board may form or take part in forming one or more bodies corporate which (or each of which) has as its main object or objects
[ F1 (a) one or more of the particular objects mentioned in subsection (2), or
(b) any other object or objects incidental to the Board's functions. ]
(2) The [ F2 particular objects ] are—
(a) the production and publication of books, films or other informative material relating to art, craft or design,
(b) the commissioning of works of art, craft or design,
(c) the production of replicas or reproductions of works of art, craft or design, or of souvenirs,
(d) the sale of informative material relating to art, craft or design, of works of art, craft or design, of replicas or reproductions of such works, or of souvenirs, and
(e) the provision of catering or car parking or other services or facilities for the public at any premises occupied or managed by the Board.
(3) The Board may hold interests in any such body, exercise rights conferred by the holding of interests in it, and provide financial or other assistance to or in respect of it (including assistance by way of guarantee of its obligations).
(4) In this section references to works of design are to works illustrating the principles of design.
(5) This section is without prejudice to any power of the Board to undertake anything mentioned in subsection (2) by virtue of section 2.
Modifications etc. (not altering text)
C3 Ss. 1-16: functions of the Secretary of State transferred by S.I. 1983/879, 1984/1814, 1986/600, 1992/1311 and as from 29.4.1986 to 2.7.1992 exercisable by the Lord President of the Council by virtue of S.I. 1986/600, arts. 2(1), 7(1), Sch 1 Pt. I and as from 3.7.1992 again exercisable by the Secretary of State by virtue of S.I. 1992/1311, art. 3(1), Sch. 1 Pt.I and references to the Secretary of State from 29.4.1986 to 2.7.1992 and from 3.7.1992 to be construed accordingly by virtue of S.I. 1986/600, art. 7(1) and S.I. 1992/1311, art. 12(4)
(1) Subject to the provisions of this Act, where the property in an object was vested in a Minister of the Crown immediately before the vesting day, and the object—
(a) then formed part of the collections of the institution known as the Victoria and Albert Museum, or
(b) was then in use in respect of the collections or solely for the purposes of the administration of the institution,
then the property shall on that day become vested instead in the Board.
(2) In the case of an object mentioned in subsection (1)(a), it is immaterial that, immediately before the vesting day, it was situated elsewhere than at premises managed for the purposes of the institution (as where it was on loan).
(3) Any interest which was vested in a Minister of the Crown immediately before the vesting day, and which then subsisted in a fund or share in a fund (whether or not of money) then held for the purposes of the institution, shall on that day become vested instead in the Board.
(4) On the vesting day any right, power, duty or liability which was immediately before that day exercisable by or incumbent on a Minister of the Crown—
(a) in relation to any object mentioned in subsection (1), or
(b) by virtue of his having any interest mentioned in subsection (3),
shall instead become exercisable by or incumbent on the Board.
(5) Subsections (1) and (4)(a) do not apply as regards an object excepted from those provisions by an order made by the Secretary of State and coming into force before the vesting day.
(6) Nothing in subsection (1) or (4)(a) affects chattels vested in the Secretary of State for Education and Science by virtue of the M1Wellington Museum Act 1947; but he and the Board may make agreements for the Board to perform, on his behalf, functions exercisable by him in relation to the chattels mentioned in section 2(1) of that Act.
(7) The power to make an order under subsection (5) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(8) In this section “ the vesting day ” means the day appointed under section 41(1) for the coming into force of this section (other than subsections (5) and (7)).
Modifications etc. (not altering text)
C4 S. 4: functions of the Secretary of State under ss. 1-16 and of the Secretary of State for Education and Science under s. 4(6) transferred by S.I. 1983/879, 1984/1814, 1986/600, 1992/1311 and as from 29.4.1986 to 2.7.1992 exercisable by the Lord President of the Council by virtue of S.I. 1986/600, arts. 2(1), 7(1), Sch 1 Pt. I and as from 3.7.1992 exercisable, or again exercisable, by the Secretary of State by virtue of S.I. 1992/1311, art. 3(1), Sch. 1 Pt.I and references to the Secretary of State from 29.4.1986 to 2.7.1992 and from 3.7.1992 to be construed accordingly by virtue of S.I. 1986/600, art. 7(1) and S.I. 1992/1311, art. 12(4).
(1) Subsection (2) applies to a gift (by will or otherwise)—
(a) which is contained in an instrument made or executed before the vesting day but coming into effect on or after that day, and
(b) which would, apart from this Act, have vested an interest in property (of any nature) in a Minister of the Crown for the purposes of the institution known as the Victoria and Albert Museum.
(2) The gift shall, in the absence of any contrary intention expressed in that or another instrument made by the testator or donor, have effect so as to vest the interest in the Board in place of the Minister.
(3) In this section “ the vesting day ” means the day appointed under section 41(1) for the coming into force of section 4 (other than subsections (5) and (7)).
Modifications etc. (not altering text)
C5 Ss. 1-16: functions of the Secretary of State transferred by S.I. 1983/879, 1984/1814, 1986/600, 1992/1311 and as from 29.4.1986 to 2.7.1992 exercisable by the Lord President of the Council by virtue of S.I. 1986/600, arts. 2(1), 7(1), Sch 1 Pt. I and as from 3.7.1992 again exercisable by the Secretary of State by virtue of S.I. 1992/1311, art. 3(1), Sch. 1 Pt.I and references to the Secretary of State from 29.4.1986 to 2.7.1992 and from 3.7.1992 to be construed accordingly by virtue of S.I. 1986/600, art. 7(1) and S.I. 1992/1311, art. 12(4)
(1) The Board may acquire (whether by purchase, exchange or gift) any objects which in their opinion it is desirable to add to their collections.
(2) Without prejudice to any power apart from this subsection, a Minister of the Crown may transfer to the Board any object (whether or not he acquired it before the Board’s establishment) if in his opinion it would appropriately form part of their collections.
(3) The Board may not dispose of an object the property in which is vested in them and which is comprised in their collections unless—
(a) the disposal is by way of sale, exchange or gift of an object which is a duplicate of another object the property in which is so vested and which is so comprised, or
(b) the disposal is by way of sale, exchange or gift of an object which in the Board’s opinion is unsuitable for retention in their collections and can be disposed of without detriment to the interests of students or other members of the public, or
(c) the disposal is [ F3 an exercise of the power conferred by section 6 of the Museums and Galleries Act 1992 ] , or
(d) the disposal (by whatever means, including destruction) is of an object which the Board are satisfied has become useless for the purposes of their collections by reason of damage, physical deterioration, or infestation by destructive organisms.
(5) An object may be disposed of as mentioned in subsection (3)(d) notwithstanding a trust or condition (express or implied) prohibiting or restricting the disposal of the object.
(6) Money accruing to the Boad by virtue of a disposal mentioned in this section shall be applied by the Board in the acquisition of objects to be added to their collections.
Modifications etc. (not altering text)
C6 Ss. 1-16: functions of the Secretary of State transferred by S.I. 1983/879, 1984/1814, 1986/600, 1992/1311 and as from 29.4.1986 to 2.7.1992 exercisable by the Lord President of the Council by virtue of S.I. 1986/600, arts. 2(1), 7(1), Sch 1 Pt. I and as from 3.7.1992 again exercisable by the Secretary of State by virtue of S.I. 1992/1311, art. 3(1), Sch. 1 Pt.I and references to the Secretary of State from 29.4.1986 to 2.7.1992 and from 3.7.1992 to be construed accordingly by virtue of S.I. 1986/600, art. 7(1) and S.I. 1992/1311, art. 12(4)
(1) Subject to subsection (2), the Board may lend any object the property in which is vested in them and which is comprised in their collections (whether or not the loan is for purposes of public exhibition, and whether or not under the terms of the loan the object is to remain in the United Kingdom).
(2) In deciding whether or not to lend an object, and in determining the time for which and the conditions subject to which an object is to be lent, the Board—
(a) shall give special consideration to a request for the loan of an object for public exhibition, and
(b) subject to that, shall have regard to the interests of students and other persons visiting the Board’s collections, the suitability of the prospective borrower, the purpose of the loan, the physical condition and degree of rarity of the object, and any risks to which it is likely to be exposed.
(3) Where the property in an object has become vested in the Board subject to a condition, the power conferred by subsection (1) is exercisable in a manner inconsistent with the condition if either—
(a) 25 years have elapsed since the date on which the property became vested in the Board (or, where it became vested in them under section 4(1), the Minister), or
(b) the person who first imposed the condition or his personal representatives have consented in writing to the exercise of the power in that manner.
(4) The Board may accept loans of objects for the purpose (depending on the terms of the loan) of exhibiting them, or of study or research by the Board or by persons seeking to inspect them.
Modifications etc. (not altering text)
C7 Ss. 1-16: functions of the Secretary of State transferred by S.I. 1983/879, 1984/1814, 1986/600, 1992/1311 and as from 29.4.1986 to 2.7.1992 exercisable by the Lord President of the Council by virtue of S.I. 1986/600, arts. 2(1), 7(1), Sch 1 Pt. I and as from 3.7.1992 again exercisable by the Secretary of State by virtue of S.I. 1992/1311, art. 3(1), Sch. 1 Pt.I and references to the Secretary of State from 29.4.1986 to 2.7.1992 and from 3.7.1992 to be construed accordingly by virtue of S.I. 1986/600, art. 7(1) and S.I. 1992/1311, art. 12(4)
(1) There shall be a body known as the Board of Trustees of the Science Museum.
(2) Part II of Schedule 1 shall have effect with respect to the Board.
Modifications etc. (not altering text)
C8 Ss. 1-16: functions of the Secretary of State transferred by S.I. 1983/879, 1984/1814, 1986/600, 1992/1311 and as from 29.4.1986 to 2.7.1992 exercisable by the Lord President of the Council by virtue of S.I. 1986/600, arts. 2(1), 7(1), Sch 1 Pt. I and as from 3.7.1992 again exercisable by the Secretary of State by virtue of S.I. 1992/1311, art. 3(1), Sch. 1 Pt.I and references to the Secretary of State from 29.4.1986 to 2.7.1992 and from 3.7.1992 to be construed accordingly by virtue of S.I. 1986/600, art. 7(1) and S.I. 1992/1311, art. 12(4)
(1) So far as practicable and subject to the provisions of this Act, the Board shall—
(a) care for, preserve and add to the objects in their collections,
(b) secure that the objects are exhibited to the public,
(c) secure that the objects are available to persons seeking to inspect them in connection with study or research, and
(d) generally promote the public’s enjoyment and understanding of science and technology and of the development of those subjects, both by means of the Board’s collections and by such other means as they consider appropriate.
(2) For those purposes the Board may, subject to the provisions of this Act—
(a) provide education, instruction and advice and carry out research,
(b) enter into contracts and other agreements (including agreements for the Board’s occupation or management of the building known as the Science Museum or other premises), and
(c) acquire and dispose of land and other property.
(3) Subject to the provisions of this Act, the Board may do such things (including requiring payment for admission or for other services or for goods provided by them) as they think necessary or expedient—
(a) for preserving, and increasing the utility of, their collections,
(b) for securing the due administration of anything vested in or acquired by them, and any premises occupied or managed by them, under or by virtue of this Act, and
(c) otherwise for the purposes of their functions.
(4) If a Minister of the Crown directs the Board to exercise functions which are exercisable by him (whether by virtue of an enactment or otherwise), which in his opinion can appropriately be exercised by the Board having regard to their functions and resources, and which are specified in the direction, the Board shall exercise them on his behalf in such manner as he may from time to time direct; but nothing in this subsection authorises the Board to exercise a function of making regulations or other instruments of a legislative character.
(5) The Board shall not acquire or dispose of land without the Secretary of State’s consent.
(6) The Board may allow premises occupied or managed by them to be used by other persons (for payment or otherwise) for purposes not connected with the functions mentioned in subsection (1) if the Board are satisfied that to do so would not conflict unduly with those functions.
Modifications etc. (not altering text)
C9 Ss. 1-16: functions of the Secretary of State transferred by S.I. 1983/879, 1984/1814, 1986/600, 1992/1311 and as from 29.4.1986 to 2.7.1992 exercisable by the Lord President of the Council by virtue of S.I. 1986/600, arts. 2(1), 7(1), Sch 1 Pt. I and as from 3.7.1992 again exercisable by the Secretary of State by virtue of S.I. 1992/1311, art. 3(1), Sch. 1 Pt.I and references to the Secretary of State from 29.4.1986 to 2.7.1992 and from 3.7.1992 to be construed accordingly by virtue of S.I. 1986/600, art. 7(1) and S.I. 1992/1311, art. 12(4)
(1) With the consent of the Secretary of State and subject to any conditions he may impose, the Board may form or take part in forming one or more bodies corporate which (or each of which) has as its main object or objects
[ F6 (a) one or more of the particular objects mentioned in subsection (2), or
(b) any other object or objects incidental to the Board's functions. ]
(2) The [ F7 particular objects ] are—
(a) the production and publication of books, films or other informative material relating to science and technology,
(b) the production of replicas or reproduction of objects relating to science and technology, or of souvenirs,
(c) the sale of informative material relating to science and technology, or of replicas or reproductions of objects relating to science and technology, or of souvenirs, and
(d) the provision of catering or car parking or other services or facilities for the public at any premises occupied or managed by the Board.
(3) The Board may hold interests in any such body, exercise rights conferred by the holding of interests in it, and provide financial or other assistance to or in respect of it (including assistance by way of guarantee of its obligations).
(4) In this section references to science and technology include references to the development of those subjects.
(5) This section is without prejudice to any power of the Board to undertake anything mentioned in subsection (2) by virtue of section 10.
Modifications etc. (not altering text)
C10 Ss. 1-16: functions of the Secretary of State transferred by S.I. 1983/879, 1984/1814, 1986/600, 1992/1311 and as from 29.4.1986 to 2.7.1992 exercisable by the Lord President of the Council by virtue of S.I. 1986/600, arts. 2(1), 7(1), Sch 1 Pt. I and as from 3.7.1992 again exercisable by the Secretary of State by virtue of S.I. 1992/1311, art. 3(1), Sch. 1 Pt.I and references to the Secretary of State from 29.4.1986 to 2.7.1992 and from 3.7.1992 to be construed accordingly by virtue of S.I. 1986/600, art. 7(1) and S.I. 1992/1311, art. 12(4)
(1) Subject to the provisions of this Act, where the property in an object was vested in a Minister of the Crown immediately before the vesting day, and the object—
(a) then formed part of the collections of the institution known as the Science Museum or the institution known as the Patent Museum, or
(b) was then in use in respect of the collections or solely for the purposes of the administration of the institutions,
then the property shall on that day become vested instead in the Board.
(2) In the case of an object mentioned in subsection (1)(a), it is immaterial that, immediately before the vesting day, it was situated elsewhere than at premises managed for the purposes of the institutions (as where it was on loan).
(3) Any interest which was vested in a Minister of the Crown immediately before the vesting day, and which then subsisted in a fund or share in a fund (whether or not of money) then held for the purposes of the institution known as the Science Museum, shall on that day become vested instead in the Board.
(4) On the vesting day any right, power, duty or liability which was immediately before that day exercisable by or incumbent on a Minister of the Crown—
(a) in relation to any object mentioned in subsection (1), or
(b) by virtue of his having any interest mentioned in subsection (3),
shall instead become exercisable by or incumbent on the Board.
(5) Subsections (1) and (4)(a) do not apply as regards an object excepted from those provisions by an order made by the Secretary of State and coming into force before the vesting day.
(6) The power to make an order under subsection (5) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(7) In this section “ the vesting day ” means the day appointed under section 41(1) for the coming into force of this section (other than subsections (5) and (6)).
Modifications etc. (not altering text)
C11 Ss. 1-16: functions of the Secretary of State transferred by S.I. 1983/879, 1984/1814, 1986/600, 1992/1311 and as from 29.4.1986 to 2.7.1992 exercisable by the Lord President of the Council by virtue of S.I. 1986/600, arts. 2(1), 7(1), Sch 1 Pt. I and as from 3.7.1992 again exercisable by the Secretary of State by virtue of S.I. 1992/1311, art. 3(1), Sch. 1 Pt.I and references to the Secretary of State from 29.4.1986 to 2.7.1992 and from 3.7.1992 to be construed accordingly by virtue of S.I. 1986/600, art. 7(1) and S.I. 1992/1311, art. 12(4)
(1) Subsection (2) applies to a gift (by will or otherwise)—
(a) which is contained in an instrument made or executed before the vesting day but coming into effect on or after that day, and
(b) which would, apart from this Act, have vested an interest in property (of any nature) in a Minister of the Crown for the purposes of the institution known as the Science Museum or the institution known as the Patent Museum.
(2) The gift shall, in the absence of any contrary intention expressed in that or another instrument made by the testator or donor, have effect so as to vest the interest in the Board in place of the Minister.
(3) In this section “ the vesting day ” means the day appointed under section 41(1) for the coming into force of section 12 (other than subsections (5) and (6)).
Modifications etc. (not altering text)
C12 Ss. 1-16: functions of the Secretary of State transferred by S.I. 1983/879, 1984/1814, 1986/600, 1992/1311 and as from 29.4.1986 to 2.7.1992 exercisable by the Lord President of the Council by virtue of S.I. 1986/600, arts. 2(1), 7(1), Sch 1 Pt. I and as from 3.7.1992 again exercisable by the Secretary of State by virtue of S.I. 1992/1311, art. 3(1), Sch. 1 Pt.I and references to the Secretary of State from 29.4.1986 to 2.7.1992 and from 3.7.1992 to be construed accordingly by virtue of S.I. 1986/600, art. 7(1) and S.I. 1992/1311, art. 12(4)
(1) The Board may acquire (whether by purchase, exchange or gift) any objects which in their opinion it is desirable to add to their collections.
(2) Without prejudice to any power apart from this subsection, a Minister of the Crown may transfer to the Board any object (whether or not he acquired it before the Board’s establishment) if in his opinion it would appropriately form part of their collections.
(3) The Board may not dispose of an object the property in which is vested in them and which is comprised in their collection unless—
(a) the disposal is by way of sale, exchange or gift of an object which is a duplicate of another object the property in which is so vested and which is so comprised, or
(b) the disposal is by way of sale, exchange or gift of an object which in the Board’s opinion is unsuitable for retention in their collections and can be disposed of without detriment to the interests of students or other members of the public, or
(c) the disposal is [ F8 an exercise of the power conferred by section 6 of the Museums and Galleries Act 1992 ] , or
(d) the disposal (by whatever means, including destruction) is of an object which the Board are satisfied has become useless for the purposes of their collections by reason of damage, physical deterioration, or infestation by destructive organisms.
(5) An object may be disposed of as mentioned in subsection (3)(d) notwithstanding a trust or condition (express or implied) prohibiting or restricting the disposal of the object.
(6) Money accruing to the Board by virtue of a disposal mentioned in this section shall be applied by the Board in the acquisition of objects to be added to their collections.
Modifications etc. (not altering text)
C13 Ss. 1-16: functions of the Secretary of State transferred by S.I. 1983/879, 1984/1814, 1986/600, 1992/1311 and as from 29.4.1986 to 2.7.1992 exercisable by the Lord President of the Council by virtue of S.I. 1986/600, arts. 2(1), 7(1), Sch 1 Pt. I and as from 3.7.1992 again exercisable by the Secretary of State by virtue of S.I. 1992/1311, art. 3(1), Sch. 1 Pt. I and references to the Secretary of State from 29.4.1986 to 2.7.1992 and from 3.7.1992 to be construed accordingly by virtue of S.I. 1986/600, art. 7(1) and S.I. 1992/1311, art. 12(4)
(1) Subject to subsection (2), the Board may lend any object the property in which is vested in them and which is comprised in their collections (whether or not the loan is for purposes of public exhibition, and whether or not under the terms of the loan the object is to remain in the United Kingdom).
(2) In deciding whether or not to lend an object, and in determining the time for which and the conditions subject to which an object is to be lent, the Board—
(a) shall give special consideration to a request for the loan of an object for public exhibition, and
(b) subject to that, shall have regard to the interests of students and other persons visiting the Board’s collections, the suitability of the prospective borrower, the purpose of the loan, the physical condition and degree of rarity of the object, and any risks to which it is likely to be exposed.
(3) Where the property in an object has become vested in the Board subject to a condition, the power conferred by subsection (1) is exercisable in a manner inconsistent with the condition if either—
(a) 25 years have elapsed since the date on which the property became vested in the Board (or, where it became vested in them under section 12(1), the Minister), or
(b) the person who first imposed the condition or his personal representatives have consented in writing to the exercise of the power in that manner.
(4) The Board may accept loans of objects for the purpose (depending on the terms of the loan) of exhibiting them, or of study or research by the Board or by persons seeking to inspect them.
Modifications etc. (not altering text)
C14 Ss. 1-16: functions of the Secretary of State transferred by S.I. 1983/879, 1984/1814, 1986/600, 1992/1311 and as from 29.4.1986 to 2.7.1992 exercisable by the Lord President of the Council by virtue of S.I. 1986/600, arts. 2(1), 7(1), Sch 1 Pt. I and as from 3.7.1992 again exercisable by the Secretary of State by virtue of S.I. 1992/1311, art. 3(1), Sch. 1 Pt.I and references to the Secretary of State from 29.4.1986 to 2.7.1992 and from 3.7.1992 to be construed accordingly by virtue of S.I. 1986/600, art. 7(1) and S.I. 1992/1311, art. 12(4)
(1) There shall be a body known as the Board of Trustees of the Armouries.
(2) Part III of Schedule 1 shall have effect with respect to the Board.
(1) The Board shall perform their functions for the general purpose of maintaining and exhibiting a national collection of arms, armour and associated objects, and of maintaining a record relating to arms and armour and to the Tower of London.
(2) So far as practicable and subject to the provisions of this Act, the Board shall—
(a) care for, preserve and add to the objects in their collection of arms, armour and associated objects,
(b) secure that the objects are exhibited to the public,
(c) secure that the objects are available to persons seeking to inspect them in connection with study or research,
(d) maintain a record (which may include books, pictures and other articles) relating to their collection, to arms and armour generally and to the Tower, and
(e) generally promote the public’s enjoyment and understanding of arms and armour, both by means of the Board’s collection and by such other means as they consider appropriate.
(3) For the purpose of fulfilling their duties under subsection (2) the Board may, subject to the provisions of this Act—
(a) provide education, instruction and advice and carry out research,
(b) enter into contracts and other agreements (including agreements for the Board’s occupation or management of premises in the Tower or elsewhere), F11. . .
(c) acquire and dispose of land and other property [ F12 and
(d) with the consent of the Secretary of State and subject to such conditions as he may impose, make grants to any person for the purpose of promoting enjoyment, knowledge or understanding of arms and armour. ]
(4) Subject to the provisions of this Act, the Board may do such things as they think necessary or expedient—
(a) for preserving, and increasing the utility of, their collection,
(b) for securing the due administration of anything vested in or acquired by them, and any premises occupied or managed by them, under or by virtue of this Act, and
(c) otherwise for the purposes of their functions.
(5) For so long as the Board have a right to occupy premises in the Tower, and so far as otherwise practicable, they shall secure that an exhibition of arms, armour and associated objects from among their collection is maintained and open to the public in those premises.
(6) The Board shall not acquire or dispose of land without the Secretary of State’s consent.
(7) The power mentioned in subsection (4) includes power to require payment for admission to objects in the Board’s collection and objects exhibited with them, but only while the objects are exhibited at a place other than the Tower, and includes power to require payment for goods or for services other than admission provided by the Board.
[ F13 (8) The Board may, whether or not for the general purpose mentioned in subsection (1), allow premises occupied or managed by them to be used by other persons (for payment or otherwise) for purposes not connected with the functions mentioned in subsection (2), if the Board are satisfied that to do so would not unduly conflict with those functions. ]
(1) With the consent of the Secretary of State and subject to any conditions he may impose, the Board may form or take part in forming one or more bodies corporate which (or each of which) has as its main object or objects one or more of those mentioned in subsection (2).
(2) The objects are—
(a) the production and publication of books, films or other informative material relating to the Board’s collection and record;
(b) the production of replicas or reproductions of objects comprised in their collection or of documents forming part of their record, or of souvenirs;
(c) the sale (whether or not at an hour when the collection is open to the public for viewing) of informative material relating to their collection or record, of replicas or reproductions of objects comprised in their collection or of documents forming part of their record, or of souvenirs or other goods;
(d) the provision (whether or not at such an hour) of catering or car parking or other services or facilities for the public at any premises occupied or managed by the Board; and
(e) any other object or objects incidental to the Board’s functions.
(3) The Board may hold interests in any such body, exercise rights conferred by the holding of interests in it, and provide financial or other assistance to or in respect of it (including assistance by way of guarantee of its obligations).
(4) This section is without prejudice to any power of the Board to undertake anything mentioned in subsection (2) by virtue of section 18. ]
(1) Subject to subsection (4), where the property in an object was vested in the Secretary of State for the Environment immediately before the vesting day, and the object—
(a) then formed part of the collection of arms, armour and associated objects of the institution known as the Armouries or of their record (including books, pictures and other articles), or
(b) was then in use in respect of the collection or solely for the purposes of the administration of the institution,
then the property shall on that day become vested instead in the Board.
(2) In the case of an object mentioned in subsection (1)(a), it is immaterial that, immediately before the vesting day, it was situated elsewhere than at premises managed for the purposes of the institution (as where it was on loan).
(3) On the vesting day any right, power, duty or liability which was immediately before that day exercisable by or incumbent on the Secretary of State for the Environment in relation to any object mentioned in subsection (1) shall instead become exercisable by or incumbent on the Board.
(4) Subsections (1) and (3) do not apply as regards an object excepted from those provisions by an order made by the Secretary of State and coming into force before the vesting day.
(5) The power to make an order under subsection (4) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(6) In this section “ the vesting day ” means the day appointed under section 41(1) for the coming into force of this section (other than subsections (4) and (5)).
(1) The Board may acquire (whether by purchase, exchange or gift) any objects which in their opinion it is desirable to add to their collection.
(2) Without prejudice to any power apart from this subsection, a Minister of the Crown may transfer to the Board any object (whether or not he acquired it before the Board’s establishment) if in his opinion it would appropriately form part of their collection.
(3) The Board may not dispose of an object the property in which is vested in them and which is comprised in their collection unless—
(a) the disposal is by way of sale, exchange or gift of an object which is a duplicate of another object the property in which is so vested and which is so comprised, or
(b) the disposal is by way of sale, exchange or gift of an object which in the Board’s opinion is unsuitable for retention in their collection and can be disposed of without detriment to the interests of students or other members of the public, or
(c) the disposal is [ F15 an exercise of the power conferred by section 6 of the Museums and Galleries Act 1992 ] , or
(d) the disposal (by whatever means, including destruction) is of an object which the Board are satisfied has become useless for the purposes of their collection by reason of damage, physical deterioration, or infestation by destructive organisms.
(5) Money accruing to the Board by virtue of a disposal mentioned in this section shall be applied by the Board in the acquisition of objects to be added to their collection.
(1) Subject to subsection (2), the Board may lend any object the property in which is vested in them and which is comprised in their collection (whether or not the loan is for purposes of public exhibition, and whether or not under the terms of the loan the object is to remain in the United Kingdom).
(2) In deciding whether or not to lend an object, and in determining the time for which and the conditions subject to which an object is to be lent, the Board—
(a) shall give special consideration to a request for the loan of an object for public exhibition, and
(b) subject to that, shall have regard to the interests of students and other persons visiting the Board’s collection, the suitability of the prospective borrower, the purpose of the loan, the physical condition and degree of rarity of the object, and any risks to which it is likely to be exposed.
(3) Where the property in an object has become vested in the Board subject to a condition, the power conferred by subsection (1) is exercisable in a manner inconsistent with the condition if either—
(a) 25 years have elapsed since the date on which the condition was first imposed on any person, or
(b) the person who first imposed the condition or his personal representatives have consented in writing to the exercise of the power in that manner.
(4) The Board may accept loans of objects for the purpose (depending on the terms of the loan) of exhibiting them, or of study or research by the Board or by persons seeking to inspect them.
(1) The Secretary of State may out of money provided by Parliament pay to the Board such sums towards their expenditure as the Treasury may approve.
(2) The payment may be made on such conditions as the Secretary of State imposes with the Treasury’s approval.
(1) There shall be a body known as the Board of Trustees of the Royal Botanic Gardens, Kew.
(2) Part IV of Schedule 1 shall have effect with respect to the Board.
(1) So far as practicable and subject to the provisions of this Act, the Board shall—
(a) carry out investigation and research into the science of plants and related subjects, and disseminate the results of the investigation and research,
(b) provide advice, instruction and education in relation to those aspects of the science of plants with which the Board are for the time being in fact concerned,
(c) provide other services (including quarantine) in relation to plants,
(d) care for their collections of plants, preserved plant material other objects relating to plants, books and records,
(e) Keep the collections as national reference collections, secure that they are available to persons for the purposes of study, and add to and adapt them as scientific needs and the Board’s resources allow, and
(f) afford to members of the public opportunities to enter any land occupied or managed by the Board, for the purpose of gaining knowledge and enjoyment from the Board’s collections.
(2) For those purposes the Board may, subject to the provisions of this Act—
(a) enter into contracts and other agreements (including agreements for the Board’s occupation or management of land),
(b) acquire and dispose of land and other property, and
(c) require payment for any advice, instruction, education or other service provided by the Board or for any goods provided by them or for entry to any land occupied or managed by them.
(3) Subject to the provisions of this Act, the Board may do such things as they think necessary or expedient—
(a) for preserving, and increasing the utility of, their collections,
(b) for securing the due administration of anything vested in or acquired by them, and any land occupied or managed by them, under or by virtue of this Act, and
(c) otherwise for the purposes of their functions.
(4) Subsection (5) applies to functions which are exercisable by a Minister of the Crown (whether by virtue of an enactment or otherwise) in relation to the management of Kew Gardens or other land and which in his opinion can appropriately be exercised by the Board having regard to their functions and resources; but subsection (5) does not apply to a function of making regulations or other instruments of a legislative character.
(5) If the Minister directs the Board to exercise functions specified in the direction in relation to land so specified, the Board shall exercise them on his behalf in such manner as he may from time to time direct.
(6) The Board shall not acquire or dispose of land without the consent of the [ F17 Secretary of State ] ; but that restriction does not apply to the grant of a lease of, or a licence or concession in respect of, land if the term of the proposed grant is less than one year.
(9) The Board’s name shall not be taken to confine their activities to Kew.
(1) With the consent of the [ F20 Secretary of State ] and subject to any conditions he may impose, the Board may form or take part in forming one or more bodies corporate which (or each of which) has as its main object or objects
[ F21 (a) one or more of the particular objects mentioned in subsection (2), or
(b) any other object or objects incidental to the Board's functions. ]
(2) The [ F22 particular objects ] are—
(a) the production and publication of books, films or other informative material relating to the science of plants or related subjects or to the Board and their functions.
(b) the production of souvenirs relating to plants or to the Board’s activities,
(c) the sale of plants produced by the Board or objects relating to plants, of informative material relating to the science of plants or related subjects, or of souvenirs relating to plants or to the Board’s activities, and
(d) the provision of catering or car parking or other services or facilities for the public at any land occupied or managed by the Board.
(3) The Board may hold interests in any such body, exercise rights conferred by the holding of interests in it, and provide financial or other assistance to or in respect of it (including assistance by way of guarantee of its obligations).
(4) This section is without prejudice to any power of the Board to undertake anything mentioned in subsection (2) by virtue of section 24.
(1) Where the property in an object was vested in the Minister of Agriculture, Fisheries and Food immediately before the vesting day, and the object—
(a) then formed part of the collections of plants (other than those growing in land), preserved plant material, other objects relating to plants, or books or records, of the institution known as the Royal Botanic Gardens, or
(b) was then in use in respect of the collections or solely for the purposes of the administration of the institution,
then the property shall on that day become vested instead in the Board.
(2) In the case of an object mentioned in subsection (1)(a), it is immaterial that, immediately before the vesting day, it was situated elsewhere than at premises managed for the purposes of the institution (as where it was on loan).
(3) On the vesting day any right, power, duty or liability which was immediately before that day exercisable by or incumbent on that Minister in relation to any object mentioned in subsection (1) shall instead become exercisable by or incumbent on the Board.
(4) In this section “ the vesting day ” means the day appointed under section 41(2) for the coming into force of this section.
(1) The Board may acquire (whether by purchase, exchange or gift) any objects which in their opinion it is desirable to add to their collections.
(2) The Board may not dispose of an object the property in which is vested in them and which is comprised in their collections unless—
(a) the disposal is by way of sale, exchange or gift of an object which is a duplicate of another object the property in which is so vested and which is so comprised, or
(b) the disposal is by way of sale, exchange or gift of an object which in the Board’s opinion is unsuitable for retention in their collections and can be disposed of without detriment to the interests of students or other members of the public, or
(c) the disposal (by whatever means, including destruction) is of an object which the Board are satisfied has become useless for the purposes of their collections by reason of damage, physical deterioration, or infestation by destructive organisms.
(3) An object may be disposed of as mentioned in subsection (2)(c) notwithstanding a trust or condition (express or implied) prohibiting or restricting the disposal of the object.
(1) Subject to subsection (2), the Board may lend any object the property in which is vested in them and which is comprised in their collections (whether or not the loan is for purposes of public exhibition, and whether or not under the terms of the loan the object is to remain in the United Kingdom).
(2) In deciding whether or not to lend an object, and in determining the time for which and the conditions subject to which an object is to be lent, the Board—
(a) shall give special consideration to a request for the loan of an object for public exhibition, and
(b) subject to that, shall have regard to the interests of students and other persons visiting the Board’s collections, the suitability of the prospective borrower, the purpose of the loan, the physical condition and degree of rarity of the object, and any risks to which it is likely to be exposed.
(3) The Board may accept loans of objects for the purpose (depending on the terms of the loan) of exhibiting them, or of study or research by the Board or by persons seeking to inspect them.
(1) The [ F23 Secretary of State ] may out of money provided by Parliament pay to the Board such sums towards their expenditure as the Treasury may approve.
(2) The payment may be made on such conditions as the [ F24 Secretary of State ] imposes with the Treasury’s approval.
(1) This section applies to any institution which has as its object or as one of its main objects the collection, exhibition or retention of articles relating to the history and traditions of some section of the armed forces of the Crown.
(2) The Secretary of State may out of money provided by Parliament pay to the governing body of any such institution such sums towards their expenditure as the Treasury may approve.
(3) The payment may be made on such conditions as the Secretary of State imposes with the Treasury’s approval.
(1) Schedule 2 shall have effect in relation to any institution which fulfils the conditions mentioned in subsection (2) and which is designated for the purposes of this section by an order made by the Secretary of State.
(2) The conditions are that—
(a) the institution is of the kind mentioned in section 30(1), and
(b) immediately before the making of the order the institution was staffed by persons at least one of whom was employed in the civil service of the State.
(3) The power to make an order under subsection (1) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(1) The Secretary of State may out of money provided by Parliament make grants towards expenditure in connection with the repair or maintenance of—
(a) the land and buildings on the site known as the Royal Naval College; or
(b) any object of historical interest situated on that land or in those buildings.
(2) Grants under this section may be paid to such persons and on such conditions as the Secretary of State considers appropriate. ]
(1) There shall be a body known as the Historic Buildings and Monuments Commission for England.
(2) Schedule 3 shall have effect with respect to the Commission.
(1) It shall be the duty of the Commission (so far as practicable)—
(a) to secure the preservation of ancient monuments and historic buildings situated in England,
(b) to promote the preservation and enhancement of the character and appearance of conservation areas situated in England, and
(c) to promote the public’s enjoyment of, and advance their knowledge of, ancient monuments and historic buildings situated in England and their preservation,
in exercising the functions conferred on them by virtue of subsections (2) to (4) and section 34; but in the event of a conflict between those functions and that duty those functions shall prevail.
(2) The Commission—
(a) shall (so far as practicable) provide educational facilities and services, instruction and information to the public in relation to ancient monuments and historic buildings, with particular reference to those in England, and in relation to conservation areas situated in England;
(b) may give advice to any person in relation to ancient monuments, historic buildings and conservation areas situated in England, whether or not they have been consulted;
(c) may, for the purpose of exercising their functions, carry out, or defray or contribute towards the cost of, research in relation to ancient monuments, historic buildings and conservation areas situated in England;
(d) may, for the purpose of exercising their functions, make and maintain records in relation to ancient monuments and historic buildings situated in England.
[ F27 (e) may produce souvenirs relating to ancient monuments or historic buildings situated in England and sell souvenirs. ]
[ F28 (f) may defray or contribute to the cost of any activity undertaken by another person if the activity—
(i) relates to ancient monuments or historic buildings, and
(ii) is of a kind which the Commission may itself undertake. ]
F29 [ (2A) In relation to England, the Commission may—
(a) prosecute any offence under Part I of the M2 Ancient Monuments and Archaeological Areas Act 1979 [ F30 , under section 196D of the Town and Country Planning Act 1990 ] or under the M3 Planning (Listed Buildings and Conservation Areas) Act 1990, or
(b) institute in their own name proceedings for an injunction to restrain any contravention of any provision of [ F31 Part 1 of the Ancient Monuments and Archaeological Areas Act 1979 or the Planning (Listed Buildings and Conservation Areas) Act 1990 ] . ]
[ F32 (2AA) In relation to an actual or apprehended breach of planning control in respect of relevant demolition, in section 187B of the Town and Country Planning Act 1990 (injunctions restraining breaches of planning control) reference to a local planning authority includes reference to the Commission.
(2AB) In subsection (2AA)—
[ F33 (2B) In relation to England, the Commission may make, or join in the making of, applications under section 73(1) of the Leasehold Reform, Housing and Urban Development Act 1993, and may exercise, or participate in the exercise of, any rights or powers conferred by a scheme approved under section 70 of that Act. ]
[ F34 (2C) In subsection (2B), references to provisions of the M4 Leasehold Reform, Housing and Urban Development Act 1993 include references to those provisions as they have effect by virtue of section 118(1) of the Housing Act 1996. ]
(3) Schedule 4 shall have effect to amend the enactments there mentioned—
(a) for the purpose of conferring functions on the Commission in relation to England (including functions of making grants in relation to historic buildings and conservation areas, acquiring historic buildings, acquiring or becoming guardian of ancient monuments, providing information and other services to the public in connection with affording them access to ancient monuments, and undertaking archaeological investigation and publishing the results), and
(b) for connected purposes (which include allowing the Secretary of State to approve lists of historic buildings compiled by the Commission, and imposing requirements for him to consult with the Commission before he includes a monument in the schedule of monuments or grants scheduled monument consent or designates an area of archaeological importance).
(4) Without prejudice to the generality of subsection (2)(b), the Commission may advise the Secretary of State with regard to the exercise of functions exercisable by him in relation to England under the M5Historic Buildings and Ancient Monuments Act 1953 and the M6Ancient Monuments and Archaeological Areas Act 1979, whether or not they have been consulted.
(5) For the purpose of exercising their functions the Commission may, subject to the provisions of this and any other Act—
(a) enter into contracts and other agreements;
(b) acquire and dispose of property other than land;
(c) with the consent of the Secretary of State, acquire land for providing the Commission with office or other accommodation and dispose of the land when no longer required for such accommodation;
(d) do such other things as the Commission think necessary or expedient.
(6) The Commission may make such charges as they may from time to time determine in respect of anything provided under subsection (2)(a) or given under subsection (2)(b) to any person other than a Minister of the Crown.
(7) With the consent of the Secretary of State, the Commission may borrow temporarily by way of overdraft such sums as they may require for meeting their obligations and discharging their functions.
(8) In subsections (1) and (2)—
[ F37 (9) In this section references to ancient monuments in England include ancient monuments in, on or under the seabed within the seaward limits of the United Kingdom territorial waters adjacent to England.
F37 (10) For this purpose the Secretary of State may, by order, determine (or make provision for determining) any boundary between—
(a) the parts of the United Kingdom territorial waters which are to be treated as adjacent to England, and
(b) those which are not.
F37 (11) The power to make an order under subsection (10) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. ]
Modifications etc. (not altering text)
(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. ]
(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—
(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. ]
(1) The Commission may defray or contribute towards the cost of—
(a) any survey, excavation or other investigation undertaken in respect of any protected wreck;
(b) the removal of any protected wreck or of any part of any protected wreck to another place for the purpose of preserving it; or
(c) the preservation and maintenance of any protected wreck.
(2) In this section—
comprises, or comprises the remains of, any vessel or part thereof which is protected by an order under section 1 of the Protection of Wrecks Act 1973 (c. 33) designating an area round the site as a restricted area, and
is in, on or under the seabed within the seaward limits of the United Kingdom territorial waters adjacent to England.
(3) An order under section 33(10) applies for the purposes of paragraph (b) of the definition of “protected wreck" in subsection (2) as it applies for the purposes of section 33(9). ]
(1) Subject to subsection (4), this section applies to—
(a) functions of management exercisable by the Secretary of State for the Environment (whether by virtue of an enactment or otherwise) in relation to any ancient monument or historic building situated in England;
(b) functions of management exercisable by the Secretary of State for the Environment (whether by virtue of an enactment or otherwise), for purposes connected with such a monument or building, in relation to any land which is situated in England and which adjoins or is in the vicinity of the monument or building.
(2) If the Secretary of State for the Environment directs the Commission to exercise functions to which this section applies and which are specified in the direction, in relation to any monument, building or land so specified, the Commission shall exercise them on his behalf in such manner as he may from time to time direct.
(3) In subsection (1) “ ancient monument ” means any structure, work, site, [ F41 (including any site comprising, or comprising the remains of, any vehicle, vessel, aircraft or other movable structure or part thereof) ] garden or area which in the opinion of the Secretary of State for the Environment is of historic, architectural, traditional, artistic or archaeological interest and “ historic building ” means any building which in his opinion is of historic or architectural interest.
[ F42 (3A) In this section references to ancient monuments in England include ancient monuments in, on or under the seabed within the seaward limits of the United Kingdom territorial waters adjacent to England; and an order under section 33(10) applies for the purposes of this subsection as it applies for the purposes of section 33(9). ]
(4) This section does not apply to—
(a) a function of making regulations or other instruments of a legislative character;
(b) a function exercisable in relation to any royal palace or land adjoining it or in its vicinity.
Modifications etc. (not altering text)
C17 S. 34: functions of the Secretary of State for the Environment transferred (3.7.1992) to Secretary of State for National Heritage by S.I. 1992/1311, art. 6(1)
(1) The Commission may form or take part in forming one or more bodies corporate which (or each of which) has as its main object or objects
[ F43 (a) one or more of the particular objects mentioned in subsection (2), or
(b) any other object or objects incidental to the Commission's functions. ]
(2) The [ F44 particular objects ] are—
(a) the production and publication [ F45 ,or sale, ] of books, films or other informative material relating to ancient monuments or historic buildings,
[ F46 (ab) the provision (whether on payment or otherwise) of advice, assistance or other services in respect of, or information relating to, ancient monuments or historic buildings, ]
(b) the production F47. . . of souvenirs relating to ancient monuments or historic buildings [ F48 , or sale of souvenirs ] ,
[ F49 (ca) the exploitation of any intellectual property, or any other intangible asset, relating to ancient monuments or historic buildings, and ]
(d) the provision in England of catering or car parking or other services or facilities for members of the public visiting ancient monuments or historic buildings.
(3) The Commission may hold interests in any such body, exercise rights conferred by the holding of interests in it, and provide financial or other assistance to or in respect of it (including assistance by way of guarantee of its obligations).
[ F50 (3A) In subsection (2), the references to “ ancient monuments ” and “ historic buildings ” are to those which—
(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).
F50 ( 3B ) An order under section 33(10) applies for the purposes of subsection (3A) as it applies for the purposes of section 33(9).
F50 ( 3C ) 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). ]
(4) In this section “ ancient monument ” and “ historic building ” have the same meanings as in section 33.
(5) This section is without prejudice to any power of the Commission to undertake anything mentioned in subsection (2) by virtue of section 33.
F49 S. 35(2)(ca) substituted (1.7.2002) by 2002, ss. 5(1)(2)(d), 8(2)
(1) Any person duly authorised in writing by the Commission may at any reasonable time enter any land in England for the purpose of inspecting it with a view to obtaining information for inclusion in the Commission’s records made under section 33(2)(d); and the following provisions of this section shall apply to any such power of entry.
(2) The power includes power for any person entering any land in exercise of the power to take with him any assistance or equipment reasonably required for the purpose to which the entry relates and to do there anything reasonably necessary for carrying out the purpose.
(3) The Commission may not authorise the power to be exercised in relation to any land unless they know or have reason to believe there is in, on or under the land an ancient monument or historic building; and in this subsection “ ancient monument ” and “ historic building ” have the meanings given by section 33(8).
(4) A person may not in the exercise of the power—
(a) enter any building or part of a building occupied as a dwelling-house without the consent of the occupier;
(b) demand admission as of right to any land which is occupied unless prior notice of the intended entry has been given to the occupier not less than 24 hours before admission is demanded.
(5) A person seeking to enter any land in exercise of the power shall, if so required by or on behalf of the owner or occupier of the land, produce evidence of his authority before entering.
(6) Where any works are being carried out on any land in relation to which the power is exercisable, a person acting in the exercise of the power shall comply with any reasonable requirements or conditions imposed by the person by whom the works are being carried out for the purpose of preventing interference with or delay to the works; but any requirements or conditions so imposed shall not be regarded as reasonable for the purposes of this subsection if compliance with them would in effect frustrate the exercise of the power or the purpose of the entry.
(7) Any person who intentionally obstructs a person acting in the exercise of the power shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale F51. . ..
(8) Where in the exercise of the power damage has been caused to land or chattels on land, any person interested in the land or chattels may recover compensation in respect of the damage from the Commission.
(9) Any claim for compensation under subsection (8) shall be made within the time and in the manner prescribed by regulations made by the Secretary of State for that purpose; and the power to make regulations under this subsection shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(10) Any question of disputed compensation under subsection (8) shall be referred to and determined by the [ F52 Upper Tribunal ] ; and in relation to the determination of any such question [ F53 section ] 4 of the M7Land Compensation Act 1961 shall apply (construing the references in section 4 to the acquiring authority as references to the Commission).
Modifications etc. (not altering text)
(1) The Secretary of State may by order provide that the Commission shall have such functions as—
(a) he thinks appropriate (having regard to their functions in relation to monuments, buildings, gardens, areas or sites situated in England), and
(b) are specified in the order,
in relation to the parts situated in England of any monuments, buildings, gardens, areas or sites which are only partly so situated and which are specified in the order.
(2) For the purpose of making such provision, any such order may contain—
(a) amendments of section 33 or 34, and
(b) amendments of any section or Schedule amended by Schedule 4 (including consequential amendments relating to the parts of monuments, buildings, gardens, areas or sites not situated in England).
(3) Any such order shall have effect subject to such supplementary provisions (which may include savings and transitionals) as may be specified in the order.
(4) Nothing in this section permits the Commission to be given a function of making regulations or other instruments of a legislative character.
(5) The power to make an order under this section shall be exercisable by statutory instrument, and no such order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
E1 For extent see s. 42
(1) The Secretary of State may out of money provided by Parliament—
(a) pay to the Commission such sums towards their expenditure as the Treasury may approve;
(b) defray such expenditure of the Commission as the Treasury may approve.
(2) The payment may be made on such conditions as the Secretary of State imposes with the Treasury’s approval.
(1) Schedule 5 contains amendments relating to the preceding provisions of this Act and other aspects of the national heritage.
(2) The enactments mentioned in Schedule 6 are repealed to the extent specified in column 3.
(1) Subject to subsections (2) and (3), this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
(2) Sections 23 to 29, Part IV of Schedule 1 and so much of Schedule 5 as relates to those provisions shall come into force on such day as the Minister of Agriculture, Fisheries and Food may by order made by statutory instrument appoint.
(3) Sections 4(5) and (7), 12(5) and (6), 19(4) and (5), 30 and 31, this section, sections 42 and 43 and Schedule 2 shall come into force on the expiry of the period of 2 months beginning with the day on which this Act is passed.
(4) An order under this section may appoint different days for different provisions or different purposes.
(5) A provision brought into force by an order under this section shall have effect subject to any saving or transitional specified in the order.
(6) Subsection (5) applies to the provisions of Schedule 4 notwithstanding the savings there specified, but nothing shall be specified under that subsection if it would conflict with any such saving.
Modifications etc. (not altering text)
C26 By S.I. 1983/879, art. 6(1) the Secretary of State's function of making orders under s. 41 is transferred to the Lord President of the Council so far as the bringing into force of the following provisions of the Act is concerned namely:— (a) sections 1 to 16 and Parts I and II of Schedule 1; (b) paragraphs 1, 2, 5 and 7 of Schedule 5; (c) paragraphs 3 and 4 of that Schedule, so far as they relate to the Science Museum of the Victoria and Albert Museum; (d) Schedule 6, so far as it relates to the Patents and Designs Act 1907, the National Gallery and Tate Gallery Act 1954 and the Public Records Act 1958.
C27 By S.I. 1983/879, art. 6(2) the Secretary of State's function of making orders under s. 41 is, so far as the bringing into force of s. 40 of the Act is concerned, exercisable by the Lord President of the Council concurrently with the Secretary of State.
C28 Power of appointment conferred by s. 41(1)(4)(5) fully exercised (Act, except Sch. 4 para. 15 which comes into force on 1.10.1984, fully in force 1.4.1984): S.I. 1983/1062, 1183, 1437; 1984/208, 217 and 225
This Act does not extend to Scotland or Northern Ireland, except so far as it amends or repeals any enactment which extends to Scotland or Northern Ireland (as the case may be) and except so far as section 37 gives power to amend any enactment which extends to Scotland.
This Act may be cited as the National Heritage Act 1983.
Sections 1, 9, 17 and 23.
Modifications etc. (not altering text)
C29 Sch. 1 Pt. I: functions of the Secretary of State transferred by S.I. 1983/879, 1984/1814, 1986/600, 1992/1311 and as from 29.4.1986 to 2.7.1992 exercisable by the Lord President of the Council by virtue of S.I. 1986/600, arts. 2(1), 7(1), Sch 1 Pt. I and as from 3.7.1992 again exercisable by the Secretary of State by virtue of S.I. 1992/1311, art. 3(1), Sch. 1 Pt.I and references to the Secretary of State from 29.4.1986 to 2.7.1992 and from 3.7.1992 to be construed accordingly by virtue of S.I. 1986/600, art. 7(1) and S.I. 1992/1311, art. 12(4)
1 E+W The Board of Trustees of the Victoria and Albert Museum shall be a body corporate.
2 (1) Subject to sub-paragraph (3), the Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown. E+W
(2) The trustees and their staff shall not be regarded as civil servants and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.
(3) In relation to any matter as respects which the Board act by virtue of a direction under section 2(4), the Board shall enjoy the same privileges, immunities and exemptions as those enjoyed in relation to that matter by the Minister giving the direction.
(4) Subject to [ F55 the provisions of any ] enactment, the Board shall not be exempt from any tax, duty, rate, levy or other charge whatever (whether general or local).
3 (1) The Board shall consist of not less than 12 nor more than 20 members (referred to in this Part of this Schedule as “ trustees ”). E+W
(2) The trustees shall be appointed by the Prime Minister, who shall appoint one of them to be chairman.
(3) In appointing any trustee, the Prime Minister shall have regard to the desirability of the person’s having knowledge or experience of art, craft, design, management, industrial relations, administration, or any other subject knowledge or experience of which would be of use to the Board in exercising their functions.
(4) Subject to the following provisions of this paragraph, a trustee or chairman shall hold and vacate office in accordance with the terms of his appointment, but no trustee shall be appointed for a period of more than 5 years.
(5) A chairman or trustee may resign his office by notice in writing addressed to the Prime Minister.
(6) If a chairman ceases to be a trustee he shall also cease to be chairman.
(7) A person who ceases to be a trustee, or ceases to be chairman, shall be eligible for re-appointment.
4 (1) There shall be a Director of the Victoria and Albert Museum who shall be appointed by the Board with the approval of the Prime Minister. U.K.
(2) The Director shall be responsible to the Board for the general exercise of the Board’s functions.
(3) The Board may appoint such other employees as the Board think fit.
(4) The Board shall pay to their employees such remuneration and allowances as the Board may determine.
(5) The employees shall be appointed on such other terms and conditions as the Board may determine.
(6) A determination under sub-paragraph (4) or (5) is ineffective unless made with the approval of the Secretary of State given with the Treasury’s consent.
(7) Employment with the Board shall be included among the kinds of employment to which a scheme under section 1 of the M8Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) “ Victoria and Albert Museum ” shall be inserted after “ Tate Gallery ” .
5 (1) The Board shall make, not later than such date as the Secretary of State may determine, an offer of employment by the Board to each person employed immediately before that date in the civil service of the State for the purposes of the institution known as the Victoria and Albert Museum. E+W
(2) The terms of the offer shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.
(3) In determining whether the terms of the offer are more or less favourable to that person than those enjoyed by him on the date of the offer no account shall be taken of the fact that employment with the Board is not employment in the service of the Crown.
(4) An offer made in pursuance of this paragraph shall not be revocable during the period of 3 months commencing with the date on which it is made.
(5) Where a person becomes an employee of the Board in consequence of this paragraph, then, for the purposes of [ F57 the Employment Rights Act 1996 ] , his period of employment in the civil service of the State shall count as a period of employment by the Board and the change of employment shall not break the continuity of the period of employment.
(6) Any dispute arising under this paragraph as to whether or not the terms of any employment offered by the Board are, taken as a whole, less favourable than those applying to a person’s employment in the civil service of the State shall be referred to and determined by an [ F58 employment tribunal ] .
(7) An [ F58 employment tribunal ] shall not consider a complaint whereby a dispute mentioned in sub-paragraph (6) is referred to it unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer of employment or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of 3 months.
(8) An appeal shall lie to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in proceedings before, an [ F58 employment tribunal ] under this paragraph; and no appeal shall lie except to the Employment Appeal Tribunal from any decision of an [ F58 employment tribunal ] under this paragraph.
6 (1) The Board may regulate their own procedure (including, subject to sub-paragraph (7), quorum). E+W
(2) In doing so, they may make arrangements for any of their functions, other than the power to acquire or dispose of land, to be discharged by committees.
(3) Any committee shall be appointed, and may be dissolved, by the Board.
(4) A committee may include as members persons who are not trustees, but at least two of the members (including the committee’s chairman) must be trustees.
(5) A committee shall act in accordance with such directions as the Board may make from time to time.
(6) Anything done by a committee under the arrangements shall, if the arrangements so provide, have effect as if done by the Board.
(7) The quorum for meetings of the Board shall not at any time be less than the greater of—
(b) the number equal to one third of the number of trustees at the time concerned (treating any fraction as one).
(8) The validity of any proceedings of the Board shall not be affected by any vacancy among the trustees or by any defect in the appointment of any trustee.
7 E+W The Board may pay to each of the trustees and the members of any committee such reasonable allowances in respect of expenses or loss of remuneration as the Secretary of State may determine with the Treasury’s approval.
8 (1) The fixing of the seal of the Board shall be authenticated by the signature of the chairman or of some other person authorised either generally or specially by the Board to act for that purpose. E+W
(2) A document purporting to be duly executed under the seal of the Board, or to be signed on the Board’s behalf, shall be received in evidence and, unless the contrary is proved, be deemed to be so executed or signed.
10 (1) The Board shall make to the Secretary of State a report on the exercise of their functions since the last report was made or (in the case of the first) since the Board’s establishment. E+W
(2) The first report shall be made not later than the expiry of the period of 3 years (or such shorter period as the Secretary of State may direct) commencing with the day of the Board’s establishment.
(3) Each subsequent report shall be made not later than 3 years (or such shorter period as the Secretary of State may direct) since the last was made.
(4) Each report shall include a statement of action taken by the Board to enable disabled members of the public to use any services or facilities provided by the Board.
(5) Each report shall include a statement of the total amount received by the Board by way of admission charges in the period covered by the report, and shall include information (in such detail as the Board think fit) about rates of, exemptions from and reductions in admission charges made by the Board.
(6) The Secretary of State shall lay a copy of each report before each House of Parliament.
Modifications etc. (not altering text)
C30 Sch. 1 Pt. II: functions of the Secretary of State transferred by S.I. 1983/879, 1984/1814, 1986/600, 1992/1311 and as from 29.4.1986 to 2.7.1992 exercisable by the Lord President of the Council by virtue of S.I. 1986/600, arts. 2(1), 7(1), Sch 1 Pt. I and as from 3.7.1992 again exercisable by the Secretary of State by virtue of S.I. 1992/1311, art. 3(1), Sch. 1 Pt.I and references to the Secretary of State from 29.4.1986 to 2.7.1992 and from 3.7.1992 to be construed accordingly by virtue of S.I. 1986/600, art. 7(1) and S.I. 1992/1311, art. 12(4)
11 E+W The Board of Trustees of the Science Museum shall be a body corporate.
12 (1) Subject to sub-paragraph (3), the Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown. E+W
(2) The trustees and their staff shall not be regarded as civil servants and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.
(3) In relation to any matter as respects which the Board act by virtue of a direction under section 10(4), the Board shall enjoy the same privileges, immunities and exemptions as those enjoyed in relation to that matter by the Minister giving the direction.
(4) Subject to [ F60 the provisions of any ] enactment, the Board shall not be exempt from any tax, duty, rate, levy or other charge whatever (whether general or local).
13 (1) The Board shall consist of not less than 12 nor more than 20 members (referred to in this Part of this Schedule as “ trustees ”). E+W
(2) The trustees shall be appointed by the Prime Minister, who shall appoint one of them to be chairman.
(3) In appointing any trustee, the Prime Minister shall have regard to the desirability of the person’s having knowledge or experience of the development of science and technology, management, industrial relations, administration, or any other subject knowledge or experience of which would be of use to the Board in exercising their functions.
(4) Subject to the following provisions of this paragraph, a trustee or chairman shall hold and vacate office in accordance with the terms of his appointment, but no trustee shall be appointed for a period of more than 5 years.
(5) A chairman or trustee may resign his office by notice in writing addressed to the Prime Minister.
(6) If a chairman ceases to be a trustee he shall also cease to be chairman.
(7) A person who ceases to be a trustee, or ceases to be chairman, shall be eligible for re-appointment.
14 (1) There shall be a Director of the Science Museum who shall be appointed by the Board with the approval of the Prime Minister. U.K.
(2) The Director shall be responsible to the Board for the general exercise of the Board’s functions.
(3) The Board may appoint such other employees as the Board think fit.
(4) The Board shall pay to their employees such remuneration and allowances as the Board may determine.
(5) The employees shall be appointed on such other terms and conditions as the Board may determine.
(6) A determination under sub-paragraph (4) or (5) is ineffective unless made with the approval of the Secretary of State given with the Treasury’s consent.
(7) Employment with the Board shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) “ Science Museum ” shall be inserted after “ National Portrait Gallery ” .
15 (1) The Board shall make, not later than such date as the Secretary of State may determine, an offer of employment by the Board to each person employed immediately before that date in the civil service of the State for the purposes of the institution known as the Science Museum or that known as the Patent Museum. E+W
(2) The terms of the offer shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.
(3) In determining whether the terms of the offer are more or less favourable to that person than those enjoyed by him on the date of the offer no account shall be taken of the fact that employment with the Board is not employment in the service of the Crown.
(4) An offer made in pursuance of this paragraph shall not be revocable during the period of 3 months commencing with the date on which it is made.
(5) Where a person becomes an employee of the Board in consequence of this paragraph, then, for the purposes of [ F62 the Employment Rights Act 1996 ] , his period of employment in the civil service of the State shall count as a period of employment by the Board and the change of employment shall not break the continuity of the period of employment.
(6) Any dispute arising under this paragraph as to whether or not the terms of any employment offered by the Board are, taken as a whole, less favourable than those applying to a person’s employment in the civil service of the State shall be referred to and determined by an [ F63 employment tribunal ] .
(7) An [ F63 employment tribunal ] shall not consider a complaint whereby a dispute mentioned in sub-paragraph (6) is referred to it unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer of employment or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of 3 months.
(8) An appeal shall lie to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in proceedings before, an [ F63 employment tribunal ] under this paragraph; and no appeal shall lie except to the Employment Appeal Tribunal from any decision of an [ F63 employment tribunal ] under this paragraph.
16 (1) The Board may regulate their own procedure (including, subject to sub-paragraph (7), quorum). E+W
(2) In doing so, they may make arrangements for any of their functions, other than the power to acquire or dispose of land, to be discharged by committees.
(3) Any committee shall be appointed, and may be dissolved, by the Board.
(4) A committee may include as members persons who are not trustees, but at least two of the members (including the committee’s chairman) must be trustees.
(5) A committee shall act in accordance with such directions as the Board may make from time to time.
(6) Anything done by a committee under the arrangements shall, if the arrangements so provide, have effect as if done by the Board.
(7) The quorum for meetings of the Board shall not at any time be less than the greater of—
(b) the number equal to one third of the number of trustees at the time concerned (treating any fraction as one).
(8) The validity of any proceedings of the Board shall not be affected by any vacancy among the trustees or by any defect in the appointment of any trustee.
17 E+W The Board may pay to each of the trustees and the members of any committee such reasonable allowances in respect of expenses or loss of remuneration as the Secretary of State may determine with the Treasury’s approval.
18 (1) The fixing of the seal of the Board shall be authenticated by the signature of the chairman or of some other person authorised either generally or specially by the Board to act for that purpose. E+W
(2) A document purporting to be duly executed under the seal of the Board, or to be signed on the Board’s behalf, shall be received in evidence and, unless the contrary is proved, be deemed to be so executed or signed.
20 (1) The Board shall make to the Secretary of State a report on the exercise of their functions since the last report was made or (in the case of the first) since the Board’s establishment. E+W
(2) The first report shall be made not later than the expiry of the period of 3 years (or such shorter period as the Secretary of State may direct) commencing with the day of the Board’s establishment.
(3) Each subsequent report shall be made not later than 3 years (or such shorter period as the Secretary of State may direct) since the last was made.
(4) Each report shall include a statement of action taken by the Board to enable disabled members of the public to use any services or facilities provided by the Board.
(5) Each report shall include a statement of the total amount received by the Board by way of admission charges in the period covered by the report, and shall include information (in such detail as the Board think fit) about rates of, exemptions from and reductions in admission charges made by the Board.
(6) The Secretary of State shall lay a copy of each report before each House of Parliament.
21 E+W The Board of Trustees of the Armouries shall be a body corporate.
22 (1) The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown, the trustees and their staff shall not be regarded as civil servants, and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown. E+W
(2) Subject to [ F65 the provisions of any ] enactment, the Board shall not be exempt from any tax, duty, rate, levy or other charge whatever (whether general or local).
23 (1) The Board shall consist of not less than 6 nor more than 11 members (referred to in this Part of this Schedule as “ trustees ”). E+W
(2) Subject to sub-paragraphs (3) and (4), the trustees shall be appointed by the Secretary of State.
(3) One of the trustees shall be appointed by Her Majesty.
(4) The Constable of the Tower of London for the time being shall, by virtue of his office, be a trustee.
(5) In appointing any trustee, the Secretary of State shall have regard to the desirability of the person’s having knowledge or experience of arms, armour, the Tower, management, industrial relations, administration, or any other subject knowledge or experience of which would be of use to the Board in exercising their functions.
(6) The Secretary of State shall appoint one of the trustees to be chairman.
(7) Subject to the following provisions of this paragraph, a trustee or chairman shall hold and vacate office in accordance with the terms of his appointment, but no trustee shall be appointed for a period of more than 5 years.
(8) A trustee may resign his office by notice in writing addressed to the Secretary of State or, in the case of a person appointed by Her Majesty, to Her Majesty; but this sub-paragraph does not apply to a person who is a trustee by virtue of sub-paragraph (4).
(9) A chairman may resign his office as chairman by notice in writing addressed to the Secretary of State.
(10) If a chairman ceases to be a trustee he shall also cease to be chairman.
(11) A person who ceases to be a trustee, or ceases to be chairman, shall be eligible for re-appointment.
24 (1) There shall be a Master of the Armouries who shall be appointed by the Board with the approval of the Secretary of State. U.K.
(2) The Master shall be responsible to the Board for the general exercise of the Board’s functions.
(3) The Board may appoint such other employees as the Board think fit.
(4) The Board shall pay to their employees such remuneration and allowances as the Board may determine.
(5) The employees shall be appointed on such other terms and conditions as the Board may determine.
(6) A determination under sub-paragraph (4) or (5) is ineffective unless made with the approval of the Secretary of State given with the Treasury’s consent.
(7) Employment with the Board shall be included among the kinds of employment to which a scheme under section 1 of the M9Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) “ Armouries ” shall be inserted before “ British Museum ” .
25 (1) The Board shall make, not later than such date as the Secretary of State may determine, an offer of employment by the Board to each person employed immediately before that date in the civil service of the State for the purposes of the institution known as the Armouries. E+W
(2) The terms of the offer shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.
(3) In determining whether the terms of the offer are more or less favourable to that person than those enjoyed by him on the date of the offer no account shall be taken of the fact that employment with the Board is not employment in the service of the Crown.
(4) An offer made in pursuance of this paragraph shall not be revocable during the period of 3 months commencing with the date on which it is made.
(5) Where a person becomes an employee of the Board in consequence of this paragraph, then, for the purposes of [ F67 the Employment Rights Act 1996 ] , his period of employment in the civil service of the State shall count as a period of employment by the Board and the change of employment shall not break the continuity of the period of employment.
(6) Any dispute arising under this paragraph as to whether or not the terms of any employment offered by the Board are, taken as a whole, less favourable than those applying to a person’s employment in the civil service of the State shall be referred to and determined by an [ F68 employment tribunal ] .
(7) An [ F68 employment tribunal ] shall not consider a complaint whereby a dispute mentioned in sub-paragraph (6) is referred to it unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer of employment or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of 3 months.
(8) An appeal shall lie to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in proceedings before, an [ F68 employment tribunal ] under this paragraph; and no appeal shall lie except to the Employment Appeal Tribunal from any decision of an [ F68 employment tribunal ] under this paragraph.
26 (1) The Board may regulate their own procedure (including, subject to sub-paragraph (7), quorum). E+W
(2) In doing so, they may make arrangements for any of their functions, other than the power to acquire or dispose of land, to be discharged by committees.
(3) Any committee shall be appointed, and may be dissolved, by the Board.
(4) A committee may include as members persons who are not trustees, but at least two of the members (including the committee’s chairman) must be trustees.
(5) A committee shall act in accordance with such directions as the Board may make from time to time.
(6) Anything done by a committee under the arrangements shall, if the arrangements so provide, have effect as if done by the Board.
(7) The quorum for meetings of the Board shall not at any time be less than the greater of—
(b) the number equal to one third of the number of trustees at the time concerned (treating any fraction as one).
(8) The validity of any proceedings of the Board shall not be affected by any vacancy among the trustees or by any defect in the appointment of any trustee.
27 E+W The Board may pay to each of the trustees and the members of any committee such reasonable allowances in respect of expenses or loss of remuneration as the Secretary of State may determine with the Treasury’s approval.
28 (1) The fixing of the seal of the Board shall be authenticated by the signature of the chairman or of some other person authorised either generally or specially by the Board to act for that purpose. E+W
(2) A document purporting to be duly executed under the seal of the Board, or to be signed on the Board’s behalf, shall be received in evidence and, unless the contrary is proved, be deemed to be so executed or signed.
29 (1) The Board shall keep proper accounts and proper records in relation to them. E+W
(2) The Board shall prepare a statement of accounts in respect of each financial year.
(3) The statement shall give a true and fair view of the state of the Board’s affairs at the end of the financial year and of the Board’s income and expenditure in the financial year.
(4) The statement shall comply with any directions given by the Secretary of State with the Treasury’s consent as to the information to be contained in the statement, the manner in which the information is to be presented or the methods and principles according to which the statement is to be prepared.
(5) The Board shall send the statement to the Secretary of State at such time as he may direct.
(6) The Secretary of State shall, on or before 31 August in any year, send to the Comptroller and Auditor General the statement prepared by the Board under sub-paragraph (2) for the financial year last ended.
(7) The Comptroller and Auditor General shall examine, certify and report on the statement sent to him under sub-paragraph (6) and shall lay copies of it and of his report before each House of Parliament.
(8) In this paragraph “ financial year ” means the period commencing with the day of the Board’s establishment and ending with the second 31 March following that day, and each successive period of 12 months.
30 (1) The Board shall make to the Secretary of State a report on the exercise of their functions since the last report was made or (in the case of the first) since the Board’s establishment. E+W
(2) The first report shall be made not later than the expiry of the period of 3 years (or such shorter period as the Secretary of State may direct) commencing with the day of the Board’s establishment.
(3) Each subsequent report shall be made not later than 3 years (or such shorter period as the Secretary of State may direct) since the last was made.
(4) The Secretary of State shall lay a copy of each report before each House of Parliament.
(5) Each report shall include a statement of action taken by the Board to enable disabled members of the public to use any services or facilities provided by the Board.
(6) Each report shall include a statement of the total amount received by the Board by way of admission charges in the period covered by the report, and shall include information (in such detail as the Board think fit) about rates of, exemptions from and reductions in admission charges made by the Board.
(7) The Board shall furnish the Secretary of State with such information relating to their property and the discharge and proposed discharge of their functions as he may require, and for that purpose they shall permit any person authorised by him to inspect and make copies of any accounts or other documents of the Board and shall give such explanation of them as that person or the Secretary of State may require.
31 E+W The Board of Trustees of the Royal Botanic Gardens, Kew shall be a body corporate.
32 (1) Subject to sub-paragraph (3), the Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown. E+W
(2) The trustees and their staff shall not be regarded as civil servants and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.
(3) In relation to any matter as respects which the Board act by virtue of a direction under section 24(5), the Board shall enjoy the same privileges, immunities and exemptions as those enjoyed in relation to that matter by the Minister giving the direction.
(4) Subject to [ F69 the provisions of any ] enactment, the Board shall not be exempt from any tax, duty, rate, levy or other charge whatever (whether general or local).
33 (1) The Board shall consist of 12 members (referred to in this Part of this Schedule as “ trustees ”). E+W
(2) One of the trustees shall be appointed by Her Majesty and the others shall be appointed by the [ F71 Secretary of State ] .
(3) In appointing any trustee, the [ F72 Secretary of State ] shall have regard to the desirability of the person’s having knowledge or experience of the science of plants or any related subject, management, industrial relations, administration, or any other subject knowledge or experience of which would be of use to the Board in exercising their functions.
(4) The [ F72 Secretary of State ] shall appoint one of the trustees to be chairman.
(5) Subject to the following provisions of this paragraph, a trustee or chairman shall hold and vacate office in accordance with the terms of his appointment, but no trustee shall be appointed for a period of more than 5 years.
(6) A chairman or a trustee appointed by the [ F72 Secretary of State ] may resign his office by notice in writing addressed to the [ F72 Secretary of State ] , and a trustee appointed by Her Majesty may resign his office by notice in writing addressed to Her Majesty.
(7) If a chairman ceases to be a trustee he shall also cease to be chairman.
(8) A person who ceases to be a trustee, or ceases to be chairman, shall be eligible for re-appointment.
F72 Words in Sch. 1 para. 33(3)(4)(6) substituted (27.3.2002) by S.I 2002/794, art. 5(1), Sch. 1 para. 25(1)(3)(a) (with arts. 5(3), 6)
34 (1) There shall be a Director of the Royal Botanic Gardens, Kew who shall be appointed by the Board with the approval of the [ F73 Secretary of State ] . U.K.
(2) The Director shall be responsible to the Board for the general exercise of the Board’s functions.
(3) The Board may appoint such other employees as the Board think fit.
(4) The Board shall pay to their employees such remuneration and allowances as the Board may determine.
(5) The employees shall be appointed on such other terms and conditions as the Board may determine.
(6) A determination under sub-paragraph (4) or (5) is ineffective unless made with the approval of the [ F73 Secretary of State ] given with the Treasury’s consent.
(7) Employment with the Board shall be included among the kinds of employment to which a scheme under section 1 of the M10Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) “ Royal Botanic Gardens, Kew ” shall be inserted after “ National Portrait Gallery ” .
35 (1) The Board shall make, not later than such date as the Minister may determine, an offer of employment by the Board to each person employed immediately before that date in the civil service of the State for the purposes of the institution known as the Royal Botanic Gardens. E+W
(2) The terms of the offer shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.
(3) In determining whether the terms of the offer are more or less favourable to that person than those enjoyed by him on the date of the offer no account shall be taken of the fact that employment with the Board is not employment in the service of the Crown.
(4) An offer made in pursuance of this paragraph shall not be revocable during the period of 3 months commencing with the date on which it is made.
(5) Where a person becomes an employee of the Board in consequence of this paragraph, then, for the purposes of [ F74 the Employment Rights Act 1996 ] , his period of employment in the civil service of the State shall count as a period of employment by the Board and the change of employment shall not break the continuity of the period of employment.
(6) Any dispute arising under this paragraph as to whether or not the terms of any employment offered by the Board are, taken as a whole, less favourable than those applying to a person’s employment in the civil service of the State shall be referred to and determined by an [ F75 employment tribunal ] .
(7) An [ F75 employment tribunal ] shall not consider a complaint whereby a dispute mentioned in sub-paragraph (6) is referred to it unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer of employment or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of 3 months.
(8) An appeal shall lie to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in proceedings before, an [ F75 employment tribunal ] under this paragraph; and no appeal shall lie except to the Employment Appeal Tribunal from any decision of an [ F75 employment tribunal ] under this paragraph.
36 (1) The Board may regulate their own procedure (including, subject to sub-paragraph (7), quorum). E+W
(2) In doing so, they may make arrangements for any of their functions, other than the power to acquire or dispose of land, to be discharged by committees.
(3) Any committee shall be appointed, and may be dissolved, by the Board.
(4) A committee may include as members persons who are not trustees, but at least two of the members (including the committee’s chairman) must be trustees.
(5) A committee shall act in accordance with such directions as the Board may make from time to time.
(6) Anything done by a committee under the arrangements shall, if the arrangements so provide, have effect as if done by the Board.
(7) The quorum for meetings of the Board shall not at any time be less than four.
(8) The validity of any proceedings of the Board shall not be affected by any vacancy among the trustees or by any defect in the appointment of any trustee.
37 E+W The Board may pay to each of the trustees and the members of any committee such reasonable allowances in respect of expenses or loss of remuneration as the [ F76 Secretary of State ] may determine with the Treasury’s approval.
38 (1) The fixing of the seal of the Board shall be authenticated by the signature of the chairman or of some other person authorised either generally or specially by the Board to act for that purpose. E+W
(2) A document purporting to be duly executed under the seal of the Board, or to be signed on the Board’s behalf, shall be received in evidence and, unless the contrary is proved, be deemed to be so executed or signed.
39 (1) The Board shall keep proper accounts and proper records in relation to them. E+W
(2) The Board shall prepare a statement of accounts in respect of each financial year.
(3) The statement shall give a true and fair view of the state of the Board’s affairs at the end of the financial year and of the Board’s income and expenditure in the financial year.
(4) The statement shall comply with any directions given by the [ F77 Secretary of State ] with the Treasury’s consent as to the information to be contained in the statement, the manner in which the information is to be presented or the methods and principles according to which the statement is to be prepared.
(5) The Board shall send the statement to the [ F77 Secretary of State ] at such time as he may direct.
(6) The [ F77 Secretary of State ] shall, on or before 31 August in any year, send to the Comptroller and Auditor General the statement prepared by the Board under sub-paragraph (2) for the financial year last ended.
(7) The Comptroller and Auditor General shall examine, certify and report on the statement sent to him under sub-paragraph (6) and shall lay copies of it and of his report before each House of Parliament.
(8) In this paragraph “ financial year ” means the period commencing with the day of the Board’s establishment and ending with the second 31 March following that day, and each successive period of 12 months.
40 (1) The Board shall make to the [ F78 Secretary of State ] a report on the exercise of their functions since the last report was made or (in the case of the first) since the Board’s establishment. E+W
(2) The first report shall be made not later than the expiry of the period of 3 years (or such shorter period as the Minister may direct) commencing with the day of the Board’s establishment.
(3) Each subsequent report shall be made not later than 3 years (or such shorter period as the [ F78 Secretary of State ] may direct) since the last was made.
(4) The [ F78 Secretary of State ] shall lay a copy of each report before each House of Parliament.
(5) Each report shall include a statement of action taken by the Board to enable disabled members of the public to use any services or facilities provided by the Board.
(6) The Board shall furnish the [ F78 Secretary of State ] with such information relating to their property and the discharge and proposed discharge of their functions as he may require, and for that purpose they shall permit any person authorised by him to inspect and make copies of any accounts or other documents of the Board and shall give such explanation of them as that person or the [ F78 Secretary of State ] may require.
1 E+W In this Schedule references to a designated institution are to an institution designated by an order under section 31(1), and references to the governing body of such an institution are to the trustees, Council or other governing body of the institution concerned.
2 (1) The governing body of a designated institution shall make, not later than such date as the Secretary of State may determine, an offer of employment by the body concerned to each person employed immediately before that date in the civil service of the State for the purposes of the institution concerned. E+W
(2) The terms of the offer shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.
(3) In determining whether the terms of the offer are more or less favourable to that person than those enjoyed by him on the date of the offer no account shall be taken of the fact that employment with the body is not employment in the service of the Crown.
(4) An offer made in pursuance of this paragraph shall not be revocable during the period of 3 months commencing with the date on which it is made.
(5) Where a person becomes an employee of the governing body of a designated institution in consequence of this paragraph, then, for the purposes of [ F79 the Employment Rights Act 1996 ] , his period of employment in the civil service of the State shall count as a period of employment by the body and the change of employment shall not break the continuity of the period of employment.
(6) Any dispute arising under this paragraph as to whether or not the terms of any employment offered by a body are, taken as a whole, less favourable than those applying to a person’s employment in the civil service of the State shall be referred to and determined by an [ F80 employment tribunal ] .
(7) An [ F80 employment tribunal ] shall not consider a complaint whereby a dispute mentioned in sub-paragraph (6) is referred to it unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer of employment or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of 3 months.
(8) An appeal shall lie to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in proceedings before, an [ F80 employment tribunal ] under this paragraph; and no appeal shall lie except to the Employment Appeal Tribunal from any decision of an [ F80 employment tribunal ] under this paragraph.
3 U.K. Employment with the governing body of a designated institution shall be included among the kinds of employment to which a scheme under section 1 of the M11Superannuation Act 1972 can apply, and accordingly Schedule 1 to that Act (in which those kinds of employment are listed) shall be construed as if it included a reference to any designated institution.
1 E+W The Historic Buildings and Monuments Commission for England shall be a body corporate.
2 (1) Subject to sub-paragraph (3), the Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown. E+W
(2) The members of the Commission and of their staff shall not be regarded as civil servants and the Commission’s property shall not be regarded as property of, or held on behalf of, the Crown.
(3) In relation to any matter as respects which the Commission act by virtue of a direction under section 34(2), the Commission shall enjoy the same privileges, immunities and exemptions as those enjoyed in relation to that matter by the Secretary of State for the Environment.
(4) Subject to [ F81 the provisions of any ] enactment, the Commission shall not be exempt from any tax, duty, rate, levy or other charge whatever (whether general or local).
Modifications etc. (not altering text)
3 (1) The Commission shall consist of not less than 8 nor more than 17 members. E+W
(2) The members shall be appointed by the Secretary of State, who shall appoint one of them to be chairman and may appoint another of them to be deputy chairman.
(3) In appointing any member, the Secretary of State shall have regard to the desirability of the person’s having knowledge or experience of one or more of the following, namely, history, archaeology, architecture, the preservation or conservation of monuments or buildings, town and country planning, tourism, commerce and finance.
(4) In appointing members, the Secretary of State shall have regard to the desirability of at least one of them having knowledge of local government (as well as knowledge or experience of one or more of the subjects mentioned in sub-paragraph (3)).
(5) Subject to the following provisions of this paragraph, a chairman, deputy chairman or other member shall hold and vacate office in accordance with the terms of his appointment, but no member shall be appointed for a period of more than 5 years.
(6) A chairman, deputy chairman or member may resign his office by notice in writing addressed to the Secretary of State.
(7) If the Secretary of State is satisfied that a member—
(a) has been absent from meetings of the Commission for a period longer than 3 consecutive months without the consent of the Commission, or
(b) has become bankrupt or [ F83 has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has ] made an arrangement with his creditors, or
(c) is incapacitated by physical or mental illness, or
(d) is otherwise unable or unfit to discharge the functions of a member, the Secretary of State may remove him from his office.
(8) If a chairman or deputy chairman ceases to be a member he shall also cease to be chairman or deputy chairman; and if a chairman or deputy chairman ceases to be chairman or deputy chairman he shall also cease to be a member.
(9) A person who ceases to be a member, otherwise than by virtue of sub-paragraph (7), or ceases to be chairman or deputy chairman, shall be eligible for re-appointment.
4 (1) There shall be a chief officer of the Commission who shall be appointed by the Commission with the approval of the Secretary of State. E+W
(2) The chief officer shall be responsible to the Commission for the general exercise of the Commission’s functions.
(3) The Commission may appoint such other employees as the Commission think fit.
(4) The Commission shall pay to their employees such remuneration and allowances as the Commission may determine.
(5) The employees shall be appointed on such other terms and conditions as the Commission may determine.
(6) The Commission may pay such pensions, allowances or gratuities as they may determine to or in respect of any of their employees, make such payments as they may determine towards the provision of pensions, allowances or gratuities to or in respect of any of their employees or provide and maintain such schemes as they may determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any of their employees.
(7) The references in sub-paragraph (6) to pensions, allowances or gratuities to or in respect of any employees include references to pensions, allowances or gratuities by way of compensation to or in respect of employees who suffer loss of office or employment.
(8) A determination under sub-paragraph (4), (5) or (6) is ineffective unless made with the approval of the Secretary of State given with the Treasury’s consent.
5 (1) The Commission shall make, not later than such date as the Secretary of State may determine, an offer of employment by the Commission to each person employed in the civil service of the State whose name is notified to the Commission by the Secretary of State for the purposes of this paragraph. E+W
(2) The terms of the offer shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.
(3) In determining whether the terms of the offer are more or less favourable to that person than those enjoyed by him on the date of the offer no account shall be taken of the fact that employment with the Commission is not employment in the service of the Crown.
(4) An offer made in pursuance of this paragraph shall not be revocable during the period of 3 months beginning with the date on which it is made.
(5) Where a person becomes an employee of the Commission in consequence of this paragraph, then, for the purposes of [ F84 the Employment Rights Act 1996 ] , his period of employment in the civil service of the State shall count as a period of employment by the Commission and the change of employment shall not break the continuity of the period of employment.
(6) Any dispute arising under this paragraph as to whether or not the terms of any employment offered by the Commission are, taken as a whole, less favourable than those applying to a person’s employment in the civil service of the State shall be referred to and determined by an [ F85 employment tribunal ] .
(7) An [ F85 employment tribunal ] shall not consider a complaint whereby a dispute mentioned in sub-paragraph (6) is referred to it unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer of employment or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of 3 months.
(8) An appeal shall lie to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in proceedings before, an [ F85 employment tribunal ] under this paragraph; and no appeal shall lie except to the Employment Appeal Tribunal from any decision of an [ F85 employment tribunal ] under this paragraph.
6 E+W Subject to the following provisions of this Schedule, the Commission may regulate their own procedure (including quorum).
7 (1) A member of the Commission who is in any way directly or indirectly interested in a contract made or proposed to be made by the Commission, or in any other matter which falls to be considered by the Commission, shall disclose the nature of his interest at a meeting of the Commission. E+W
(2) The disclosure shall be recorded in the minutes of the meeting.
(3) A member shall not—
(a) where a contract in which the member is interested is under consideration, take part in the deliberations on or decision about the contract; and
(b) where any other matter in which the member is interested is under consideration, take part in the deliberations on or decision about the matter if the Commission decide that the member’s interest might prejudicially affect his consideration of the matter.
(4) For the purposes of this paragraph, a notice given by a member at a meeting of the Commission to the effect that he is a member of a specified body corporate or firm and is to be regarded as interested in any contract which is made with the body corporate or firm after the date of the notice, and in any other matter concerning the body corporate or firm which falls to be considered after that date, shall be a sufficient disclosure of his interest.
(5) A member need not attend in person at a meeting of the Commission in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at such a meeting.
8 E+W The validity of any proceedings of the Commission shall not be affected by any vacancy among the members, or by any defect in the appointment of any person as a member or chairman or deputy chairman, or by a failure to comply with paragraph 7.
9 (1) The Commission shall constitute at least one committee to advise them on ancient monuments and at least one to advise them on historic buildings, and may constitute other committees to advise them on those or other aspects of their functions. E+W
(2) The Commission may include as members of committees persons who are not members of the Commission.
(3) The Commission may regulate the proceedings (including quorum) of committees.
(4) The Commission may pay to the members of any committee such reasonable allowances in respect of expenses or loss of remuneration as the Secretary of State may determine with the Treasury’s approval.
10 (1) The fixing of the seal of the Commission shall be authenticated by the signature of the chairman of or some other person authorised either generally or specially by the Commission to act for that purpose. E+W
(2) A document purporting to be duly executed under the seal of the Commission, or to be signed on the Commission’s behalf, shall be received in evidence and, unless the contrary is proved, be deemed to be so executed or signed.
11 (1) The Commission shall pay to members of the Commission such remuneration and such allowances in respect of expenses as the Secretary of State may determine with the Treasury’s approval. E+W
(2) In the case of any such member or past member of the Commission as the Secretary of State may with the Treasury’s approval determine, the Commission shall pay such pension, allowance or gratuity to or in respect of him, or make such payment towards the provision of such a pension, allowance or gratuity, as the Secretary of State may so determine.
(3) Where a person ceases to be a member of the Commission, and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may, with the Treasury’s approval, direct the Commission to make to that person a payment of such amount as the Secretary of State may determine with the Treasury’s approval.
12 (1) The Commission shall keep proper accounts and proper records in relation to them. E+W
(2) The Commission shall prepare a statement of accounts in respect of each financial year.
(3) The statement shall give a true and fair view of the state of the Commission’s affairs at the end of the financial year and of the Commission’s income and expenditure in the financial year.
(4) The statement shall—
(a) be prepared within such period as the Secretary of State may direct; and
(b) comply with any directions given by the Secretary of State with the Treasury’s consent as to the information to be contained in the statement, the manner in which the information is to be presented or the methods and principles according to which the statement is to be prepared.
(5) The accounts [ F86 in respect of each financial year ending on or before 31st March 2004 ] (including any statement [ F87 of accounts in respect of each such financial year ] prepared under this paragraph) shall be audited by persons appointed in respect of each [ F88 such ] financial year by the Secretary of State.
(6) No person [ F89 shall be appointed auditor under this paragraph unless he is–
(a) eligible for appointment as a [ F90 statutory auditor under Part 42 of the Companies Act 2006 ] ; or ]
(b) a member of the Chartered Institute of Public Finance and Accountancy; but a firm may be so appointed if each of its members is qualified to be so appointed.
[ F91 (6A) Where the Commission has prepared a statement of accounts in respect of a financial year ending on or after 31st March 2005, it must, as soon as reasonably practicable after the end of the financial year to which the statement relates, send a copy of the statement to the Comptroller and Auditor General.
(6B) The Comptroller and Auditor General shall examine, certify and report on any statement of accounts sent to him under sub-paragraph (6A). ]
(7) In this paragraph “ financial year ” means the period commencing with the day of the Commission’s establishment and ending with the second 31 March following that day, and each successive period of 12 months.
F89 Sch. 3 para. 12(6)(a) and the words preceding substituted by S.I. 1991/1997, reg. 2, Sch. para.49 (with reg. 4)
13 (1) The Commission shall make to the Secretary of State, as soon as may be after the end of each financial year, a report on the exercise of their functions since the last report was made or (in the case of the first) since the Commission’s establishment. E+W
(2) Each report shall include a copy of the statement of accounts prepared and audited under paragraph 12 in respect of the financial year [ F92 and, where the statement has been audited by the Comptroller and Auditor General, a copy of his report on it ] .
(3) Each report [ F93 of the Commission ] shall include a statement of action taken by the Commission to promote the enjoyment of ancient monuments and historic buildings by disabled members of the public.
(4) The Secretary of State shall lay a copy of each report [ F94 of the Commission ] before each House of Parliament.
(5) As soon as may be after receiving any report made by the auditors on any accounts audited under paragraph 12 [ F95 or, as the case may be, made by the Comptroller and Auditor General on any statement of accounts prepared under that paragraph ] , the Commission shall send a copy of the report to the Secretary of State.
(6) The Commission shall furnish the Secretary of State with such information relating to their property and the discharge and proposed discharge of their functions as he may require, and for that purpose they shall permit any person authorised by him to inspect and make copies of any accounts or other documents of the Commission and shall give such explanation of them as that person or the Secretary of State may require.
(7) In this paragraph “ financial year ” has the same meaning as in paragraph 12.
14 U.K. In Part III of Schedule 1 to the M12House of Commons Disqualification Act 1975 (disqualifying offices), there shall be inserted at the appropriate place in alphabetical order—
“ Any member, in receipt of remuneration, of the Historic Buildings and Monuments Commission for England. ”
1 E+W+S In the Historic Buildings and Ancient Monuments Act 1953 (“the 1953 Act") at the end of section 2 (Historic Buildings Council for Scotland) there shall be inserted—
“ (4) The said Council shall consist of a chairman appointed by the Secretary of State and such number of other members so appointed as the Secretary of State may from time to time determine, and the chairman and other members of the Council shall hold and vacate office in accordance with the terms of their appointments.
(5) The Secretary of State may out of moneys provided by Parliament pay to the chairman of the said Council such remuneration and allowances as the Secretary of State may with the approval of the Treasury determine.
No person shall be disqualified from being elected to, or sitting and voting as, a member of the House of Commons by reason of his being the chairman of the said Council; but, in relation to a chairman of the Council who is a Member of the House of Commons, this subsection shall have effect with the substitution, for the words “ remuneration and allowances ” , of the words “allowances in respect of travelling and subsistence expenses, and in respect of other expenses (if any) necessarily incurred by him for the purpose of enabling him to perform his duties as chairman,".
(6) The Secretary of State may out of moneys provided by Parliament pay to the other members of the said Council such allowances as he may with the approval of the Treasury determine in respect of travelling and subsistence expenses and in respect of other expenses (if any) necessarily incurred by them for the purpose of enabling them to perform their duties as members of the Council.
(7) Subject to any directions of the Secretary of State as to quorum or other matters, the procedure of the said Council shall be such as the Council may determine.
(8) The said Council shall, before such date in every year as the Secretary of State may fix, send to the Secretary of State a report in respect of the matters on which they have advised the Secretary of State during the previous year, and the Secretary of State shall lay a copy of the report before each House of Parliament.
(9) Without prejudice to the last preceding subsection, if at any time it appears to the said Council that there is need for action to be taken by the Secretary of State under this Part of this Act, they shall forthwith make to the Secretary of State such representations as they may think appropriate in the circumstances. ”
2 E+W+S At the end of section 3 of the 1953 Act (Historic Buildings Council for Wales) there shall be inserted—
“ (3) Subsections (4) to (9) of section 2 of this Act shall apply to the said Council as they apply to the Historic Buildings Council for Scotland. ”
3 E+W+S After section 3 of the 1953 Act there shall be inserted—
The Commission may make grants for the purpose of defraying in whole or in part any expenditure incurred or to be incurred in the repair or maintenance of a building which is situated in England and which appears to the Commission to be of outstanding historic or architectural interest, or in the upkeep of any land which is situated in England and which comprises, or is contiguous or adjacent to, any such building, or in the repair or maintenance of any objects ordinarily kept in any such building or in the upkeep of a garden or other land which is situated in England and which appears to the Commission to be of outstanding historic interest but which is not contiguous or adjacent to a building which appears to the Commission to be of outstanding historic or architectural interest.
(2) The power conferred by subsection (1) of this section to make grants for the purposes there mentioned shall include power to make loans for those purposes.
(3) Where a grant under this section is made to the National Trust for Places of Historic Interest or Natural Beauty, the grant may, if the Commission think fit, be made by way of endowment, subject to such provisions, by way of trust, contract or otherwise, as may appear to the Commission to be requisite for securing that, so long as it is reasonably practicable to give effect to the purposes of the endowment, the sum granted will be retained and invested by the Trust and used as a source of income for defraying the expenditure in respect of which the grant is made.
(4) A grant or loan under this section may be made subject to conditions imposed by the Commission for the purpose of securing public access to the whole or part of the property to which the grant or loan relates, or for other purposes, as the Commission may think fit.
(5) A loan made under this section shall be made on such terms as to repayment, payment of interest and otherwise as the Commission may determine. ”
4 E+W+S In section 4(1) of the 1953 Act (grants and loans for preservation of historic buildings etc.) for “appearing" there shall be substituted “ which is not situated in England and which appears ” and after “land which" there shall be inserted “ is not situated in England and which ” .
5 (1) Section 4A of the 1953 Act (recovery of grants) shall be amended as follows. E+W+S
(2) In subsection (1) for “section 4" there shall be substituted “ section 3A or 4 ” .
(3) In subsections (1), (3), (4) and (8) for “the Secretary of State" there shall be substituted “ the Commission or (as the case may be) the Secretary of State ” .
(4) In subsections (3) and (4) for “he thinks" there shall be substituted “ they think or (as the case may be) he thinks ” .
6 (1) Section 5 of the 1953 Act (acquisition by Secretary of State of historic buildings etc.) shall be amended as follows. E+W+S
(2) After subsection (3) there shall be inserted—
“ (3A) The Commission may be a party to such arrangements as are mentioned in subsection (3) of this section if the arrangements relate to property situated in England. ”
(3) In subsection (4) after “the appropriate" and after “the said" there shall be inserted “ Commission or ” .
7 E+W+S After section 5 of the 1953 Act there shall be inserted—
(1) Subject to subsection (4) of this section, the Commission shall have power to acquire by agreement, whether by purchase, lease or otherwise, or to accept a gift of—
(a) any building which is situated in England and which appears to them to be one of outstanding historic or architectural interest;
(b) any building which is situated in England and in an area designated as a conservation area under section 277 of the Town and Country Planning Act 1971 and which appears to the Commission to be of special historic or architectural interest;
(c) any land which is situated in England and which comprises, or is contiguous or adjacent to, any building mentioned in paragraph (a) or (b) of this subsection;
(d) any garden or other land which is situated in England and which appears to the Commission to be of outstanding historic interest but which is not contiguous or adjacent to a building which appears to the Commission to be of outstanding historic or architectural interest.
(2) The Commission shall have power to purchase by agreement, or to accept a gift of, any objects which it would (within the meaning of subsection (5) of this section) be historically appropriate to keep in—
(a) a building which, or any interest in which, is vested in the Commission, or a building which is under their management or in their custody, being in either case a building appearing to the Commission to be of outstanding historic or architectural interest; or
(b) a building of which the Commission are guardian under the Ancient Monuments and Archaeological Areas Act 1979; or
(c) a building situated in England which, or any interest in which, is vested in the National Trust for Places of Historic Interest or Natural Beauty.
(3) The Commission may make such arrangements as they may think fit as to the management or custody of any property acquired or accepted by them under this section, and as to the use of any such property, and may dispose of or otherwise deal with any such property as they may from time to time determine.
(4) The Commission shall not acquire or accept any property under subsection (1) of this section without the consent of the Secretary of State, which may be given subject to such conditions as he thinks fit.
(5) For the purposes of subsection (2) of this section, an object is one which it would be historically appropriate to keep in a building if—
(a) it is or has been ordinarily kept in the building; or
(b) it is historically associated with the building or connected with a person or event historically associated with the building; or
(c) objects of its kind were produced or used in a period falling within the lifetime of the building; or
(d) the Commission are of opinion that it would for some other reason be historically appropriate to keep it in the building.
(1) The Commission may make grants for the purpose of defraying in whole or in part any expenses incurred by a local authority in England in the acquisition of property situated in England under section 114 or 119(1)(b) or (c) of the Town and Country Planning Act 1971 (under which buildings of special architectural or historic interest may in certain cases be acquired by a local authority).
(2) The Commission may also make grants to the National Trust for Places of Historic Interest or Natural Beauty for the purpose of defraying in whole or in part any expenses incurred by them in the acquisition of—
(a) any building which is situated in England and which appears to the Commission to be of outstanding historic or architectural interest;
(b) any land which is situated in England and which comprises, or is contiguous or adjacent to, any such building; or
(c) any garden or other land which is situated in England and which appears to the Commission to be of outstanding historic interest but which is not contiguous or adjacent to a building which appears to the Commission to be of outstanding historic or architectural interest. ”
8 E+W+S At the end of section 6 of the 1953 Act (grants for acquisition of historic buildings) there shall be inserted—
“ (4) This section applies only where the property or buildings are not situated in England. ”
9 E+W+S At the end of section 8 of the 1953 Act (endowments of historic buildings) there shall be inserted—
“ (7) Where the Commission are requested in pursuance of subsection (3) of this section to manage any property the income from which is applicable for or towards the upkeep of property situated in England, they may undertake the management. ”
10 E+W+S After section 8 of the 1953 Act there shall be inserted—
(1) Where any instrument coming into operation after the establishment of the Commission contains a provision purporting to be a gift of property to the Commission upon trust to use the income thereof (either for a limited time or in perpetuity) for or towards the upkeep of—
(a) a building acquired or accepted by the Commission under section 5A of this Act, or a building which the Commission propose so to acquire or accept, or
(b) a building which at the coming into operation of the trust instrument is or will shortly be vested in or under the management or in the custody of the Commission, being a building which is situated in England and which appears to them to be one of outstanding historic or architectural interest, or
(c) a building of which at that time the Commission are or will shortly be guardian under the Ancient Monuments and Archaeological Areas Act 1979.
or for or towards the upkeep of any such building together with other property situated in England, the Commission may accept the gift, and if they do so, and the provision does not constitute a charitable trust, the following provisions of this section shall have effect.
(2) The validity of the gift and of the trust to use the income as aforesaid (hereinafter referred to as “ the endowment trust ”) shall be deemed not to be, or ever to have been, affected by any rule of law or equity which would not have affected their validity if the trust had been charitable.
(3) In relation to the property (of whatsoever nature) comprised in the gift and any property for the time being representing that property (hereinafter collectively referred to as “ the trust fund ”) the Commission shall during the continuance of the endowment trust have the like powers of management, disposition and investment as, in the case of land held on trust for sale, are conferred by law on the trustees for sale in relation to the land and to the proceeds of sale thereof; but this subsection shall have effect without prejudice to any additional or larger powers conferred on the Commission by the trust instrument.
(4) If while the endowment trust continues an event happens such that immediately thereafter the Commission are neither entitled to any interest in the building to which the trust relates, nor have the building under their management or in their custody, nor are guardian of the building under the said Act of 1979, and apart from this subsection the endowment trust would not then be determined or be deemed to have failed, then on the happening of that event the endowment trust shall cease by virtue of this subsection and the trust fund shall devolve accordingly as on a failure of the trust.
(5) If the trust instrument contains a provision whereby on the failure or determination of the endowment trust the trust fund purports to be given, or to be directed to be held, on charitable trusts, the validity of that gift or direction shall be deemed not to be, or ever to have been, affected by any rule of law or equity relating to perpetuities.
(1) Where any instrument coming into operation after the establishment of the Commission contains a provision purporting to be a gift of property to the Commission upon trust to use the income thereof (either for a limited time or in perpetuity) for or towards the upkeep of a garden or other land acquired or accepted by the Commission under section 5A(1)(d) of this Act, or a garden or other land which the Commission propose so to acquire or accept, or for or towards the upkeep of any such garden or other land together with other property situated in England, the Commission may accept the gift, and if they do so, and the provision does not constitute a charitable trust, the following provisions of this section shall have effect.
(2) The validity of the gift and of the trust to use the income as aforesaid (hereinafter referred to as “ the endowment trust ”) shall be deemed not to be, or ever to have been, affected by any rule of law or equity which would not have affected their validity if the trust had been charitable.
(3) In relation to the property (of whatsoever nature) comprised in the gift and any property for the time being representing that property (hereinafter collectively referred to as “ the trust fund ”) the Commission shall during the continuance of the endowment trust have the like powers of management, disposition and investment as, in the case of land held on trust for sale, are conferred by law on the trustees for sale in relation to the land and to the proceeds of sale thereof; but this subsection shall have effect without prejudice to any additional or larger powers conferred on the Commission by the trust instrument.
(4) If while the endowment trust continues an event happens such that immediately thereafter the Commission are not entitled to any interest in the garden or other land to which the trust relates, and apart from this subsection the endowment trust would not then be determined or be deemed to have failed, then on the happening of that event the endowment trust shall cease by virtue of this subsection and the trust fund shall devolve accordingly as on a failure of the trust.
(5) If the trust instrument contains a provision whereby on the failure or determination of the endowment trust the trust fund purports to be given, or to be directed to be held, on charitable trusts, the validity of that gift or direction shall be deemed not to be, or ever to have been, affected by any rule of law or equity relating to perpetuities.
(1) This section applies where the Commission compile a register of gardens and other land situated in England and appearing to them to be of special historic interest.
(2) The Commission shall, as soon as practicable after including in the register an entry relating to any garden or land, notify the persons mentioned in subsection (3) of this section of the inclusion and send to them a copy of the entry.
(3) The persons are—
(a) the owner and (if the owner is not the occupier) the occupier of the garden or land,
(b) any county planning authority, and any district planning authority, in whose area the garden or land (or any part of the garden or land) is situated, and
(c) the Secretary of State. ”
11 (1) In section 9(1) of the 1953 Act (meaning of “appropriate Council") after “appropriate" there shall be inserted “ Commission or ” , in paragraph (a) for “Historic Buildings Council for England" there shall be substituted “ Commission ” and after paragraph (c) there shall be inserted “ and the expression "the appropriate Council under this Act’ shall be construed in accordance with paragraphs (b) and (c) of this subsection ” . E+W+S
(2) After section 9(1) of the 1953 Act there shall be inserted—
“ (1A) In this Part of this Act "the Commission’ means the Historic Buildings and Monuments Commission for England. ”
12 (1) Section 66 of the Pastoral Measure 1968 (transfer of redundant churches) shall be amended as follows. E+W+S
(2) In subsection (1) after paragraph (b) there shall be inserted—
“ (c) where a redundant building or any part thereof is situated in England and is vested in the Diocesan Board of Finance, whether in pursuance of a pastoral scheme or a redundancy scheme or pending the making of a redundancy scheme, the Board may, with the approval of the bishop and the Commissioners, enter into and carry out an agreement with the Historic Buildings and Monuments Commission for England for the acquisition and preservation by the Commission of the building or part with or without other land so situated and so vested in the Board;
(d) where a redundant building or any part thereof is situated in England and is vested in the Redundant Churches Fund in pursuance of a redundancy scheme or a pastoral scheme to which section 47 of this Measure applies, the Fund may enter into and carry out an agreement with the Historic Buildings and Monuments Commission for England for the acquisition and preservation by the Commission of the building or part with or without other land so situated and so vested; ”
and for “the next two following subsections" there shall be substituted “ subsections (2) and (3) of this section ” .
(3) After subsection (1) there shall be inserted—
“ (1A) The Historic Buildings and Monuments Commission for England shall not enter into an agreement under subsection (1)(c) or (d) of this section without the consent of the Secretary of State. ”
(4) In subsection (2)(a) after “the Minister" there shall be inserted “ or (as the case may be) the Historic Buildings and Monuments Commission for England ” , after “him" there shall be inserted “ or them ” and after “his" there shall be inserted “ or their ” , and in subsection (2)(c) after “the Minister" there shall be inserted “ or (as the case may be) the Historic Buildings and Monuments Commission for England ” .
(5) In subsection (3) after “the said Minister" there shall be inserted “ or (as the case may be) the Historic Buildings and Monuments Commission for England ” and after “the Minister" (in both places) there shall be inserted “ or the Commission ” .
(6) After subsection (3) there shall be inserted—
“ (3A) Before giving his consent under subsection (3) of this section in relation to a building or part situated in England the Minister shall consult with the Historic Buildings and Monuments Commission for England. ”
(7) In subsection (4) after “the Minister" (in the first place) there shall be inserted “ or the Historic Buildings and Monuments Commission for England ” and after “the Minister" (in the second and third places) there shall be inserted “ or the Commission (as the case may be) ” .
(8) After subsection (4) there shall be inserted—
“ (4A) The Historic Buildings and Monuments Commission for England shall not enter into an agreement under subsection (4) of this section unless—
(a) the land is situated in England, and
(b) the Secretary of State has consented. ”
(9) In subsection (5) after “the said Minister" there shall be inserted “ or (as the case may be) the Historic Buildings and Monuments Commission for England ” .
(10) After subsection (5) there shall be inserted—
“ (6) Where a redundant building (or part) situated in England has been acquired for its preservation by the Minister under subsection (1) of this section either with or without any other land so situated, the Historic Buildings and Monuments Commission for England may by agreement with the Minister undertake on his behalf the management and preservation of the building (or part) together with the other land (if any).
(7) Where the Minister has under subsection (4) of this section acquired land situated in England for its maintenance with a building (or part), the Commission may undertake, in any agreement made under subsection (6) of this section in relation to the building (or part), the maintenance of the land on behalf of the Minister.
(8) Where the Minister has under subsection (5) of this section acquired for their preservation the contents of a redundant building (or part), the Commission may undertake, in any agreement made under subsection (6) of this section in relation to the building (or part), the preservation of the contents on behalf of the Minister. ”