Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Transitional provisions applicable to certain national monuments subject to certain deeds | ||
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71. (1) In this section— | ||
“section 71 deed” means a deed— | ||
(a) made under section 5 of the Act of 1930, or | ||
(b) referred to in section 6 of the Act of 1930, | ||
that is in force immediately before the commencement of this section; | ||
“section 71 deed (local authority)” means a section 71 deed which appoints a local authority as the guardian of the section 71 monument; | ||
“section 71 monument”, in relation to a section 71 deed, means the national monument that is the subject of that deed immediately before the commencement of this section, and includes, in the case of a national monument referred to in section 6 of the Act of 1930, any such monument which, before 26 February 1930, was an ancient monument to which the Ancient Monuments Protection Acts applied. | ||
(2) Subject to section 72 , on the commencement of this section— | ||
(a) a section 71 deed (other than a section 71 deed (local authority)) shall be deemed to be a monument guardianship order with the Minister appointed as the guardian of the section 71 monument, and | ||
(b) the section 71 monument shall be deemed to be both a registered monument and the guardianship monument, | ||
and the other provisions of this Act (including sections 24 (1) and 67 (3)) shall apply accordingly. | ||
(3) Subject to section 72 , on the commencement of this section— | ||
(a) a section 71 deed (local authority) shall be deemed to be a monument guardianship order with the local authority in whose functional area the section 71 monument is situatedappointed as the guardian of the monument, and | ||
(b) the section 71 monument shall be deemed to be both a registered monument and the guardianship monument, | ||
and the other provisions of this Act (including sections 24 (1) and 67 (3)) shall apply accordingly. |