National Heritage Act 1980

3 Grants and loans from the Fund. U.K.

(1) Subject to the provisions of this section, the Trustees may make grants and loans out of the Fund to eligible recipients for the purpose of assisting them to acquire, maintain or preserve—

(a) any land, building or structure which in the opinion of the Trustees is of outstanding scenic, historic, aesthetic, architectural or scientific interest;

(b) any object which in their opinion is of outstanding historic, artistic or scientific interest;

(c) any collection or group of objects, being a collection or group which taken as a whole is in their opinion of outstanding historic, artistic or scientific interest;

(d) any land or object not falling within paragraph (a), (b) or (c) above the acquisition, maintenance or preservation of which is in their opinion desirable by reason of its connection with land or a building or structure falling within paragraph (a) above; or

(e) any rights in or over land the acquisition of which is in their opinion desirable for the benefit of land or a building or structure falling within paragraph (a) or (d) above.

(2) The Trustees shall not make a grant or loan under [F1 subsection (1) above] in respect of any property unless they are of opinion, after obtaining such expert advice as appears to them to be appropriate, that the property (or, in the case of land or an object falling within paragraph (d) of subsection (1) above, the land, building or structure with which it is connected or, in the case of rights falling within paragraph (e) of that subsection, the land, building or structure for whose benefit they are acquired) is of importance to the national heritage.

[F2 (2A) Notwithstanding that an object such as is mentioned in subsection (1)(b) above or a collection or group of objects such as is mentioned in subsection (1)(c) above is not itself of importance to the national heritage, the Trustees may make a grant or loan under subsection (1) above for the purpose of assisting in its acquisition if—

(a) they are satisfied that after its acquisition it will form part of a collection or group of objects such as is mentioned in subsection (1)(c) above, and

(b) after obtaining such expert advice as appears to them to be appropriate, they are of opinion that that collection or group is of importance to the national heritage.

(2B) Subject to the provisions of this section, the Trustees may make grants out of the Fund to eligible recipients for the purpose of assisting them—

(a) to construct, acquire or improve any building designed to house objects which, either individually or as a collection or group, in the opinion of the Trustees are of outstanding historic, artistic or scientific interest;

(b) to convert any building, or to acquire any building for the purpose of converting it, into a building of the description mentioned in paragraph (a) above;

(c) to acquire any land on which a building of the description mentioned in paragraph (a) above is to be constructed;

(d) to construct, acquire or improve any building the only or principal purpose of which is, or is to be, to provide facilities—

(i) designed to promote the public’s enjoyment, or advance the public’s knowledge, of any property of a description mentioned in subsection (1)(a), (b) or (c) above; and

(ii) provided in connection with public access to, or the public display of, that property;

(e) to convert any building, or to acquire any building for the purpose of converting it, into a building of the description mentioned in paragraph (d) above;

(f) to acquire any land on which a building of the description mentioned in paragraph (d) above is to be constructed;

(g) to preserve or maintain any building or land in respect of which a grant has been or is to be made under any of paragraphs (a) to (f) above.

(2C) The Trustees shall not make a grant under subsection (2B) above unless, after obtaining such expert advice as appears to them to be appropriate, they are of opinion—

(a) in the case of a grant under paragraph (a), (b) or (c) of that subsection or a grant under paragraph (g) of that subsection where a grant under paragraph (a), (b) or (c) has been or is to be made, that the objects housed or to be housed in the building are, either individually or as a collection or group, of importance to the national heritage; or

(b) in the case of a grant under paragraph (d), (e) or (f) of that subsection or a grant under paragraph (g) of that subsection where a grant under paragraph (d), (e) or (f) has been or is to be made, that the property in relation to which the facilities in question are or are to be provided is of importance to the national heritage.]

(3) In determining whether and on what terms to make a grant or loan under this section in respect of any property the Trustees shall have regard to the desirability of securing, improving or controlling public access to, or the public display of, the property [F3 (or, in the case of a grant such as is mentioned in subsection (2C)(a) above, objects housed on the property or, in the case of a grant such as is mentioned in subsection (2C)(b) above, the property in relation to which the facilities in question are provided)].

(4) In making a grant or loan under this section in respect of any property the Trustees may impose such conditions as they think fit, including—

(a) conditions with respect to—

(i) public access to, or the public display of, the property [F4 (or, in the case of a grant such as is mentioned in subsection (2C)(a) above, objects housed on the property or, in the case of a grant such as is mentioned in subsection (2C)(b) above, the property in relation to which the facilities in question are provided)];

(ii) the maintenance, repair, insurance and safe keeping of the property;

(iii) the disposal or lending of the property; and

(b) conditions requiring the amount of a grant and the outstanding amount of a loan to be repaid forthwith on breach of any condition.

(5) A grant under this section for the purpose of assisting in the maintenance or preservation of any property may take the form of a contribution to a trust established or to be established for that purpose.

(6) Subject to subsection (7) below, the eligible recipients for the purposes of this section are—

(a) any museum, art gallery, library or other similar institution having as its purpose or one of its purposes the preservation for the public benefit of a collection of historic, artistic or scientific interest;

(b) any body having as its purpose or one of its purposes the provision, improvement or preservation of amenities enjoyed or to be enjoyed by the public or the acquisition of land to be used by the public;

(c) any body having nature conservation as its purpose or one of its purposes;

(d) the Secretary of State F5 . . .; and

(e) the Department of the Environment for Northern Ireland acting in the discharge of its functions under so much of section 1(1) of the M1 Historic Monuments Act (Northern Ireland) 1971 as relates to the acquisition of historic monuments by agreement, section 4 of that Act or [F6 Article 107 of the Planning (Northern Ireland) Order 1991].

[F7 (6A) Where the Secretary of State receives a sum by way of a grant or loan under this section he may, with the consent of the Treasury, instead of paying it into the Consolidated Fund, apply it as money provided by Parliament.]

(7) The institutions referred to in paragraph (a) of subsection (6) above include any institution maintained by a Minister or Northern Ireland department; but neither that paragraph nor paragraph (b) or (c) of that subsection applies to any institution or body established outside the United Kingdom or established or conducted for profit.

Textual Amendments

F1 Words in s. 3(2) substituted (21.12.1993) by 1993 c. 39, s. 36, Sch. 4 para. 3(2); S.I. 1993/2632, art.3.

F2 S. 3(2A)-(2C) inserted (21.12.1993) by 1993 c. 39, s. 36, Sch. 4 para. 3(3); S.I. 1993/2632, art.3.

F3 Words in s. 3(3) added (21.12.1993) by 1993 c. 39, s. 36, Sch. 4 para. 3(4); S.I. 1993/2632, art.3.

F4 Words in s. 3(4)(a)(i) inserted (21.12.1993) by 1993 c. 39, s. 36, Sch. 4 para. 3(5); S.I. 1993/2632, art.3.

F5 Words in s. 3(6)(d) repealed (21.12.1993) by 1993 c. 39, ss. 36, 64, Sch. 4 para. 3(6), Sch.10; S.I. 1993/2632, art.3.

F6 Words in s. 3(6)(e) substituted (21.8.1991) by S.I. 1991/1220, art. 133(1), Sch. 5

F7 S. 3(6A) inserted (21.12.1993) by 1993 c. 39, s. 36, Sch. 4 para. 3(7); S.I. 1993/2632, art. 3.

Modifications etc. (not altering text)

C1 S. 3 applied (with modifications) (25.10.1993) by 1993 c. 39, s. 44(2); S.I. 1993/2632, art. 2.

Marginal Citations

M1 1971 c. 17 (N.I.)