Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Chapter 10 Acquisition of registered monument | ||
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Acquisition of registered monument by Minister or local authority | ||
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51. (1) (a) Subject to paragraph (b), the Minister may, after consultation with the Commissioners, acquire (whether or not for valuable consideration), for the purposes of this Act, a registered monument, by agreement or compulsorily, where he or she is of the opinion that the monument is suitable to be a national monument. | ||
(b) The Minister shall not exercise his or her power under paragraph (a) to acquire a registered monument unless the Minister is of the opinion that the nature of the acquisition is such that he or she may satisfactorily perform his or her functions under Chapter 16 in respect of that monument. | ||
(2) (a) Subject to paragraph (b), a local authority may, with the consent of the Minister, acquire (whether or not for valuable consideration), for the purposes of this Act, a registered monument, by agreement or compulsorily, where it is of the opinion that the monument is suitable to be a nationalmonument. | ||
(b) The Minister shall not give a consent referred to in paragraph (a) to a local authority in respect of the acquisition of a registered monument unless the Minister is of the opinion that the nature of the acquisition is such that the local authority will be able to satisfactorily perform its functions under Chapter 16 in respect of that monument. | ||
(3) (a) The acquisition by the Minister or a local authority of a registered monument by agreement under this section may be effected by purchase, lease, exchange or the acceptance of a gift, bequest or devise to the Minister or local authority, as the case may be. | ||
(b) The definition of “owner” in section 2 shall not be construed to limit the power of the Minister or a local authority under paragraph (a) to acquire a registered monument. | ||
(4) The Minister or a local authority may decline to acquire a registered monument under this section where the monument is the subject of a gift, bequest or devise to the Minister or local authority, as the case may be. | ||
(5) (a) The Minister shall comply with the provisions of Part 2 of Schedule 2 in respect of the compulsory acquisition by the Minister of a registered monument under this section. | ||
(b) A local authority and the Minister shall comply with the provisions of Part 3 of Schedule 2 in respect of the compulsory acquisition of a registered monument by the local authority under this section. | ||
(6) Where the Minister or a local authority has acquired or is proposing to acquire, whether by agreement or compulsorily, a registered monument, the Minister or local authority, as the case may be, may also acquire, whether by agreement or compulsorily, such area (including any estate, right, title or interest in or over that area) surrounding the monument as the Minister or local authority considers necessary in order to perform the Minister’s or local authority’s functions under Chapter 16. | ||
(7) Stamp duty shall not be chargeable on any instrument to the extent that it effects the acquisition of a registered monument by the Minister or a local authority pursuant to the Minister’s or local authority’s, as the case may be, powers under this section. | ||
(8) Nothing in this section shall operate to limit the powers of the Minister or local authority under any other enactment to acquire land. |