Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Provisions supplementary to sections 53 to 60 | ||
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61. (1) In this section— | ||
“applicable enactments”, in relation to a section 53 to 60 monument, means— | ||
(a) the enactments repealed by section 7 as those enactments were in force at any time before that monument first becomes a registered monument, and | ||
(b) the Ancient Monuments Protection Acts as those Acts were in force at any time before 26 February 1930; | ||
“ section 53 to 60 monument” means a section 53 monument, section 54 monument, section 55 monument, section 56 monument, section 57 monument, section 58 monument, section 59 monument or section 60 monument. | ||
(2) Subject to subsection (3), when a section 53 to 60 monument first becomes a registered monument, the land which comprises (whether in whole or in part) the registered monument shall, by operation of this section, be vested in fee simple in— | ||
(a) the Minister if the monument is, immediately before it first becomes a registered monument, in the ownership of the Minister or another public authority, or | ||
(b) the local authority if the monument is, immediately before it first becomes a registered monument, in the ownership of the local authority (or a predecessor to that local authority whose functions, whether in whole or in part, are now performed by the local authority), | ||
and, in either case, section 24 (1) shall apply to the monument accordingly. | ||
(3) Nothing in subsection (2) shall operate to prejudice— | ||
(a) subject to subsection (4), any estate, right, title or interest in or over land existing immediately before a section 53 to 60 monument first becomes a registered monument other than such an estate, right, title or interest— | ||
(i) vested in a public authority or local authority by the applicable enactments, or | ||
(ii) vested in a public authority under an order made under the Ministers and Secretaries Acts 1924 to 2017 for the purposes of transferring functions under the applicable enactments, | ||
(b) any encumbrance on land existing immediately before a section 53 to 60 monument first becomes a registered monument other than such an encumbrance wholly in favour of a public authority or local authority, or | ||
(c) a conveyance or devise referred to in the definition of “ section 60 monument” in section 60 (1). | ||
(4) The reference in subsection (3) to “other than such an estate, right, title or interest” shall not include an estate, right, title or interest arising from a lease made under section 17 of the Act of 1954 where such lease has not expired or otherwise come to an end before the repeal of that Act by section 7 . |