Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

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Provisions supplementary to section 71

72. (1) Notwithstanding section 71 and the repeal of the Act of 1930 effected by section 7 but subject to subsection (2), the following provisions shall apply:

(a) a person who would have been entitled—

(i) under paragraph (c) of subsection (3) of section 5 of the Act of 1930 to terminate a deed made under that section 5, or

(ii) under paragraph (c) of section 6 of the Act of 1930 to terminate a deed referred to in that section 6,

may, by notice in writing given to the Minister, request the Minister to revoke the monument guardianship order concerned referred to in section 71 (2)(a) or (3)(a) from a date specified in the notice, being a date not less than 2 months after the Minister is given the notice and the Minister shall comply with the request;

(b) any conditions or restrictions specified in a section 71 deed (within the meaning of section 71 (1)) shall continue to have effect and shall bind the Minister or local authority concerned, including in the performance of any functions under this Act relating to nationalmonuments;

(c) the Minister or local authority concerned shall not, in respect of a registered monument the subject of a deed referred to in section 6 of the Act of 1930, perform any function under this Act so as to allow or promote public access to the monument other than with the consent of the owner of the monument given by that deed or otherwise.

(2) (a) Subsection (1) shall not be construed to prevent the Minister from making or revoking a monument guardianship order in respect of a section 71 monument (within the meaning of section 71 ).

(b) Where the Minister makes a monument guardianship order in respect of a section 71 monument (within the meaning of section 71 ), paragraphs (b) and (c) of subsection (1) shall cease to bind the Minister or local authority concerned in respect of that monument unless the Minister otherwise specifies in the order.