Ancient Monuments Consolidation and Amendment Act 1913

JurisdictionUK Non-devolved
Citation1913 c. 32


Ancient Monuments Consolidation and Amendment Act, 1913

(3 & 4 Geo. 5.) CHAPTER 32.

An Act to consolidate and amend the Law relating to Ancient Monuments and for other purposes in connection therewith.

[15th August 1913]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

I Acquisition of Ancient Monuments.

Part I.

Acquisition of Ancient Monuments.

S-1 Purchase of ancient monuments by agreement.

1 Purchase of ancient monuments by agreement.

(1) The Commissioners of Works may, with the consent of the Treasury, purchase by agreement, out of any moneys which may be provided by Parliament for that purpose, any monument which appears to them to be an ancient monument within the meaning of this Act.

(2) Any local authority within the meaning of this Act may, if they think fit, purchase by agreement any monument situate in or in the vicinity of their area, which appears to them to be an ancient monument within the meaning of this Act.

(3) For the purpose of any such purchase, the Lands Clauses Acts shall be incorporated with this Act (with the exception of the provisions which relate to the purchase and taking of lands otherwise than by agreement), and, in construing those Acts for the purposes of this Act, this Act shall be deemed to be the special Act, and the Commissioners of Works or local authority, as the case may be, shall be deemed to be the promoters of the undertaking.

S-2 Gift, devise, or bequest of ancient monuments to Commissioners of Works.

2 Gift, devise, or bequest of ancient monuments to Commissioners of Works.

2. Any person may, by deed or will, give, devise, or bequeath to the Commissioners of Works or to a local authority all such estate or interest in any ancient monument as he may be seised or possessed of, and the Commissioners or authority may accept any such gift, devise or bequest if they think it expedient to do so.

II Guardianship of Ancient Monuments.

Part II.

Guardianship of Ancient Monuments.

S-3 Power to constitute commissioners of Works guardians of ancient monuments.

3 Power to constitute commissioners of Works guardians of ancient monuments.

(1) The owner of any monument which appears to the Commissioners of Works to be an ancient monument within the meaning of this Act may, with the consent of the Commissioners, constitute them by deed guardians of the monument.

(2) The owner of any monument which appears to a local authority to be an ancient monument within the meaning of this Act, and is situate in or in the vicinity of their area may, with the consent of the local authority, constitute them by deed guardians of the monument:

Provided that the Commissioners of Works or the local authority, as the case may be, shall not consent to become guardians of any structure which is occupied as a dwelling-house by any person other than a person employed as the caretaker thereof or his family.

(3) Every person deriving title to any monument from, through, or under any owner who has constituted the Commissioners of Works or a local authority guardians of the monument under this section shall be bound by the deed executed by the owner for that purpose, and, where the owner of any land being the site of a monument is a tenant for life or in tail, or heir of entail in possession in Scotland, having a power of sale of the land either under the terms of a will or settlement or under any Act of Parliament, the deed executed by the owner in respect of the site of which he is so tenant for life or in tail or heir of entail in possession shall bind every successive owner of any estate or interest in the land, and the execution of any such deed by the tenant for life or in tail or heir of entail in possession shall not render him subject to any liability on account of any depreciation of property attributable thereto.

(4) Where the site of a monument is, at the time of the execution of the deed, subject to any incumbrance not capable of being over-reached by the tenant for life under the powers conferred on him by the Settled Land Acts, 1882 to 1890, or by the instrument creating the settlement, the deed shall not bind the incumbrancer.

(5) Except as provided by this Act, the owner of a monument, of which the Commissioners of Works or a local authority become guardians under this Act, shall have the same right and title to, and estate and interest in, the monument in all respects as if the Commissioners or local authority, as the case may be, had not become guardians thereof.

S-4 Effect of becoming guardians of ancient monuments.

4 Effect of becoming guardians of ancient monuments.

(1) Where the Commissioners of Works or a local authority become guardians of any ancient monument under this Act, they shall, until they receive notice in writing to the contrary from any owner of the monument who is not bound by the deed constituting them guardians of the monument, maintain the monument, and shall, with a view to the maintenance of the monument, have access by themselves, their inspectors, agents, or workmen to the monument for the purpose of inspecting it, and of bringing such materials and doing such acts and things as may be required for the maintenance thereof.

(2) All expenses incurred by the Commissioners of Works in maintaining the monument shall, subject to the approval of the Treasury, be defrayed out of moneys provided by Parliament.

(3) The expression ‘maintenance’ in this section includes the fencing, repairing, and covering in, of a monument and the doing of any other act or thing which may be required for the purpose of repairing the monument or protecting it from decay or injury, and the expression ‘maintain’ shall be construed accordingly.

S-5 Description of owners for purposes of Part II.

5 Description of owners for purposes of Part II.

(1) The following persons shall be deemed to be owners of monuments for the purposes of this Part of this Act, that is to say:—

(a ) Any person entitled for an estate in fee to the possession or receipt of the rents and profits of any freehold or copyhold land:

(b ) Any person absolutely entitled in possession to a beneficial lease of land of which not less than forty-five years are unexpired, but no lease shall be deemed to be a beneficial lease within the meaning of this section if the rent reserved thereby exceeds one third part of the full annual value of the land demised by the lease:

(c ) Any person entitled under any existing or future settlement for the term of his own life, or the life of any other person, to the possession or receipt of the rents and profits of land of any tenure, in which the estate for the time being subject to the trusts of the settlement is an estate for lives or years renewable for ever, or an estate renewable for a term of not less than sixty years, or an estate for a term of years of which not less than sixty are unexpired, or any greater estate:

(d ) Any body corporate, any corporation sole, any trustees for charities, and any commissioners or trustees for ecclesiastical, collegiate, or other public purposes, entitled, in the case of freehold or copyhold land, in fee, and in the case of leasehold land, to a lease for an unexpired term of not less than sixty years.

(2) Where any person who, by virtue of this section, is to be deemed the owner of a monument is a minor, or of unsound mind, the guardian or committee, or, in Scotland, the tutor or curator, as the case may be, of that person shall be the owner for the purposes of this Part of this Act, and, where such owner is a married woman, she shall have power to execute a deed constituting the Commissioners of Works or a local authority guardians notwithstanding that she is restrained from anticipation.

(3) In this section the expression ‘entitled’ means beneficially entitled; and the expression ‘land’ means land which is the site of an ancient monument, whether the land is or is not subject to incumbrances.

III Protection of Ancient Monuments.

Part III.

Protection of Ancient Monuments.

S-6 Orders placing ancient monuments under protection of Commissioners of Works.

6 Orders placing ancient monuments under protection of Commissioners of Works.

(1) If the Ancient Monuments Board constituted under this Act report to the Commissioners of Works that any monument is in danger of destruction or removal or damage from neglect or injudicious treatment, and that the preservation of the monument is of national importance, the Commissioners may, if they think fit, and if it appears to them that the monument is an ancient monument within the meaning of this Act, make an order (in this Act referred to as a Preservation Order) placing the monument under the protection of the Commissioners:

Provided that, if in any case the Commissioners of Works consider that the making of such an order is a matter of immediate urgency, the Commissioners may make the order without receiving any such report as aforesaid.

(2) Where the ancient Monuments Board have reason to believe that any monument is in danger as aforesaid, and that the preservation of the monument is of national importance, they may themselves, or by any person authorised in writing by them, enter at any reasonable time upon any premises for the purpose of enabling them to determine by inspection of the monument whether it is proper for them to report to the Commissioners:

Provided that, unless the Ancient Monuments Board consider that the inspection of the monument is a matter of immediate urgency, they shall give not less than seven clear days' notice to the occupier of the premises of their intention so to enter upon them.

(3) A Preservation Order shall have effect for a period of eighteen months after the date on...

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