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Transfer by public authority or local authority of registered monument
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47. (1) In this section, “authority” means—
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(a) a public authority, or
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(b) a local authority.
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(2) Subject to subsection (3), an authority shall not dispose of, convey, assign or otherwise transfer (whether or not for valuable consideration), its ownership of, or other interest (whether freehold or leasehold) in, a registered monument to a person other than the Minister without consulting the Minister.
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(3) For the purposes of the consultation referred to in subsection (2), an authority—
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(a) shall give the Minister a notice in the specified form of what action it proposes to take (in this section referred to as the “proposed action”) that falls within that subsection,
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(b) shall not take the proposed action (or any like action) until 90 days after giving that notice unless the Minister has, before the expiration of that period, given the authority a notice in writing stating that he or she has no objection to the authority taking that action,
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(c) shall publish a notice in a national newspaper of the proposed action stating that persons may make representations in writing on that action, during the period of 45 days beginning on the date of the publication of the notice in the national newspaper, at the address or e-mail address (if any) specified in the notice, and
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(d) shall have regard to such representations (if any) in deciding whether or not to take the proposed action (or any like action).
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(4) The Minister may, in the course of consultation under subsection (2) with an authority in respect of a registered monument, request the authority to give the Minister the opportunity to acquire the monument on such terms as are agreed between the Minister and the authority, and the authority shall comply with that request.
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(5) An authority may, at its discretion, in addition to publishing, in relation to the proposed action, a notice in a national newspaper pursuant to subsection (3)(c), also publish that notice in one or more than one newspaper (not being a national newspaper) circulating generally in the geographical area in which the registered monument the subject of the proposed action is situated, whether in hard copy or electronic form, or both.
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