Ancient Monuments and Archaeological Areas Act 1979

11 Acquisition by agreement or gift of ancient monuments. E+W+S

(1) The Secretary of State may acquire by agreement any ancient monument [F1 but, where the monument in question is situated in England, he shall consult with the Commission before doing so.]

[F2 (1A) With the consent of the Secretary of State, the Commission may acquire by agreement any ancient monument situated in England.]

(2) Any local authority may acquire by agreement any ancient monument situated in or in the vicinity of their area.

(3) The Secretary of State or any local authority may accept a gift (whether by deed or will) of any ancient monument [F3 ; but, where the monument in question is situated in England, the Secretary of State shall consult with the Commission before accepting]

[F4 (3A) With the consent of the Secretary of State, the Commission may accept a gift (whether by deed or will) of any ancient monument situated in England.]

(4) The provisions of Part I of the M1 Compulsory Purchase Act 1965 (so far as applicable) other than sections 4 to 8, section 10 and section 31, shall apply in relation to any acquisition under subsection (1) or (2) above of an ancient monument situated in England and Wales.

(5) For the purpose of any acquisition under subsection (1) or (2) above of any ancient monument situated in Scotland which is heritable—

(a) the Lands Clauses Acts (with the exception of the provisions excluded by subsection (6) below) and sections 6 and 70 to 78 of the M2 Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the M3 Mines (Working Facilities and Support) Act 1923) shall be incorporated with this section; and

(b) in construing those Acts for the purposes of this section, this section shall be deemed to be the special Act and the Secretary of State or the local authority acquiring the monument shall be deemed to be the promoter of the undertaking or company (as the case may require).

(6) The provisions of the Lands Clauses Acts excluded from being incorporated with this section are—

(a) those which relate to the acquisition of land otherwise than by agreement;

(b) those which relate to access to the special Act; and

(c) sections 120 to 125 of the M4 Lands Clauses Consolidation (Scotland) Act 1845.

Textual Amendments

F1 Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 37(2)

F2 S. 11(1A) inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 37(3)

F3 Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 37(4)

F4 S. 11(3A) inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 37(5)

Modifications etc. (not altering text)

C1 S. 11 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)(xxv) (with art. 35)

C2 S. 11 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(1), 25(1), 25(2)(xxv) (with art. 35)

Marginal Citations

M1 1965 c. 56.

M2 1845 c. 33.

M3 1923 c. 20.

M4 1845 c. 19.