Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Disposal of archaeological object | ||
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99. (1) Subject to subsection (6), an archaeological object which is owned by the State shall not be disposed of by a person except in accordance with subsection (2). | ||
(2) Subject to subsections (3), (6) and (7), where the Board is of the opinion that an archaeological object is not, or has ceased to be, of sufficient archaeological, historic, cultural or scientific interest to justify its continued retention by the State, the Board may consent to the disposal of the object in such manner as may be specified in the consent. | ||
(3) (a) Subsection (2) shall be in addition to, and not in substitution for, any authorisation of any other person that is necessary to make lawful the disposal of the archaeological object concerned. | ||
(b) In paragraph (a), “authorisation of any other person” includes the giving or granting of a licence, consent, approval, permission or direction, whether under an enactment or otherwise. | ||
(4) Where an archaeological object is the subject of an order under section 96 (7), the Board shall not consent to its disposal other than— | ||
(a) with the consent of the Minister, and | ||
(b) either— | ||
(i) in conformity with any conditions to which such order is subject, or | ||
(ii) with the leave of the court which made the order. | ||
(5) Where the disposal of an archaeological object under this section is by way of, or includes, the transfer of the object to another person— | ||
(a) the transfer may be made subject to such conditions as are specified in a notice in writing given by the Board to the person, | ||
(b) subject to paragraph (c), the person (and the person’s successors in title to the person’s interest in the object) shall comply with any such conditions, and | ||
(c) the Board may, by notice in writing given to the person (or the person’s successors in title to the person’s interest in the object), specify one or more than one of such conditions with which the person (or those successors) need no longer comply from the date, or the occurrence of the event, specified in the notice for the purpose. | ||
(6) Subsections (1) and (2) shall not apply to the disposal, or proposed disposal, of an archaeological object pursuant to— | ||
(a) section 7 or 9 of the National Archives Act 1986 , or | ||
(b) section 18 of the Act of 1997. | ||
(7) Where the Board is minded to give consent under subsection (2) to the disposal of an archaeological object which was found during the course of carrying out a licensable activity, it shall— | ||
(a) consult with the Minister to seek his or her views (if any) on the proposed disposal, and | ||
(b) if those views (if any) are received within the period prescribed for the purposes of this paragraph or, if no such period is prescribed, within 21 days from the date of consultation, have regard to those views in deciding whether or not to give such consent. |