Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Functions of Commissioners in respect of national monuments (M) | ||
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80. (1) In this section— | ||
“Chapter 16 function” means a function conferred on the Minister under Chapter 16; | ||
“conditions” includes terms; | ||
“other operations”, in relation to a national monument (M), includes the undertaking of work relating to the protection or presentation of the monument, the construction or maintenance of visitor facilities and the organising or holding of events and other activities, but does not include the day-to-day operation of the monument in so far as such operation falls within subsection (2). | ||
(2) Subject to section 75 (6), a Chapter 16 function shall, in so far as it relates to the day-to-day operation of a national monument (M), be performed by the Commissioners. | ||
(3) (a) The Commissioners shall, in the performance by them of Chapter 16 functions under subsection (2), have regard to the Minister’s policies and priorities in so far as those policies and priorities relate to such functions. | ||
(b) The Minister shall, in setting or revising his or her policies or priorities referred to in paragraph (a), consult with the Commissioners. | ||
(4) Where a question arises between the Minister and the Commissioners as to whether the performance of a Chapter 16 function relates to the day-to-day operation of a national monument (M), the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, shall decide the question and the Minister’s decision shall be conclusive. | ||
(5) The Commissioners shall carry out, or cause to be carried out, such other operations in relation to a national monument (M) as may be agreed in writing between the Commissioners and the Minister with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform and in accordance with such conditions in writing as may be agreed between the Commissioners and the Minister with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform. | ||
(6) (a) The Commissioners shall provide such further services to the Minister in connection with the performance of his or her functions under this Act as may be agreed between the Commissioners and the Minister with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform and in accordance with such conditions in writing as may be agreed between the Commissioners and the Minister with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform. | ||
(b) Without prejudice to the generality of paragraph (a), the reference in that paragraph to “services” includes services relating to the valuation of land or the acquisition or disposal of land, or both. | ||
(7) Nothing in this section derogates from, or in any way affects, the functions of the Minister or any other person, under this Act or otherwise, in respect of the granting of licences (whether licences under this Act or any other form of licence) or leases. | ||
(8) The performance of functions by the Commissioners under this section shall be subject to any provisions of this Act specifying requirements that an activity or works be done under and in accordance with a licence, except as otherwise provided in this Act. | ||
(9) The Commissioners shall provide the Minister with such information as he or she may require regarding any thing done or proposed to be done by them under this section. | ||
(10) The functions conferred on the Commissioners by this section are in addition to, and not in substitution for, any functions conferred on them under any other enactment or a rule of law. |