Ancient Monuments and Archaeological Areas Act 1979

13 Effect of guardianship. E+W+S

(1) The Secretary of State [F1 and the Commission] and any local authority shall be under a duty to maintain any monument which is under their guardianship by virtue of this Act.

(2) The Secretary of State [F1 and the Commission] and any local authority shall have full control and management of any monument which is under their guardianship by virtue of this Act.

[F2 (2A) The power conferred by subsection (2) above includes power—

(a) to control the holding of events in or on the monument;

(b) to control and manage such events;

(c) to require payment of a charge in respect of the holding of such events;

(d) to exclude, restrict or otherwise control public access to the monument in connection with such events.]

(3) With a view to fulfilling their duty under subsection (1) above to maintain a monument of which they are the guardians, the Secretary of State [F3 or the Commission] or any local authority shall have power to do all such things as may be necessary for the maintenance of the monument and for the exercise by them of proper control and management with respect to the monument.

(4) Without prejudice to the generality of the preceding provisions of this section, the Secretary of State [F3 or the Commission] or any local authority shall have power—

(a) to make any examination of a monument which is under their guardianship by virtue of this Act;

(b) to open up any such monument or make excavations therein for the purpose of examination or otherwise; and

(c) to remove the whole or any part of any such monument to another place for the purpose of preserving it.

(5) The Secretary of State [F3 or the Commission] or any local authority may at any reasonable time enter the site of a monument which is under their guardianship by virtue of this Act for the purpose of exercising any of their powers under this section in relation to the monument (and may authorise any other person to exercise any of those powers on their behalf).

(6) Subsections (2) to (4) above are subject to any provision to the contrary in the guardianship deed.

(7) In this Part of this Act “maintenance” includes 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 “maintain” shall be construed accordingly.

[F4 (8) In subsection (2A) above—

(a) “events” includes functions and any other organised activities;

(b) references to the holding of events, in relation to organised activities, are to be construed as references to the carrying out of such activities.]

Textual Amendments

F1 Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 39(2)

F2 S. 13(2A) inserted (S.) (30.6.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 7(2)(a), 33(2); S.S.I. 2011/174, art. 2, Sch.

F3 Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 39(3)

F4 S. 13(8) added (S.) (30.6.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 7(2)(b), 33(2); S.S.I. 2011/174, art. 2, Sch.

Modifications etc. (not altering text)

C1 Ss. 12-17: functions made exercisable concurrently (E.W.) (with effect in accordance with art. 25(1) of the amending S.I.) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 25(2)(xxvi) (with art. 35)

C2 Ss. 12-17: functions made exercisable concurrently (E.W.) (with effect in accordance with art. 25(1) of the amending S.I.) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 2, 25(2)(xxvi) (with art. 35)