SCHEDULE 14TRANSITIONAL AND SAVING PROVISIONS

PART 2GUARDIANSHIP OF MONUMENTS

Public access to monument where guardianship pre-dates 1913 Act

7

(1)

This paragraph applies where—

(a)

a monument was taken into guardianship before 15 August 1913 (the date the Ancient Monuments Consolidation and Amendment Act 1913 (c. 32) came into force), and

(b)

immediately before Part 2 of this Act comes into force, the monument is under the guardianship of the Welsh Ministers or a local authority.

(2)

Section 55(1) (duty to ensure public access) does not apply to the monument unless—

(a)

the deed establishing guardianship provided for public access to the monument, or

(b)

the persons for the time being immediately affected by the operation of the guardianship deed have consented to the public having access to the monument.