Agreements concerning ancient monuments, etc.E+W+S
17 Agreements concerning ancient monuments and land in their vicinity.E+W+S
(1)The Secretary of State may enter into an agreement under this section with the occupier of an ancient monument or of any land adjoining or in the vicinity of an ancient monument.
[F1(1A)The Commission may enter into an agreement under this section with the occupier of an ancient monument situated in England or of any land so situated which adjoins or is in the vicinity of an ancient monument so situated.]
(2)A local authority may enter into an agreement under this section with the occupier of any ancient monument situated in or in the vicinity of their area or with the occupier of any land adjoining or in the vicinity of any such ancient monument.
[F2(2A)Historic Environment Scotland may enter into an agreement under this section with the occupier of an ancient monument situated in Scotland or of any land so situated which adjoins or is in the vicinity of an ancient monument so situated.]
(3)Any person who has an interest in an ancient monument or in any land adjoining or in the vicinity of an ancient monument may be a party to an agreement under this section in addition to the occupier.
(4)An agreement under this section may make provision for all or any of the following matters with respect to the monument or land in question, that is to say—
(a)the maintenance and preservation of the monument and its amenities;
(b)the carrying out of any such work, or the doing of any such other thing, in relation to the monument or land as may be specified in the agreement;
(c)public access to the monument or land and the provision of facilities and information or other services for the use of the public in that connection;
(d)restricting the use of the monument or land;
(e)prohibiting in relation to the monument or land the doing of any such thing as may be specified in the agreement; and
(f)the making by the Secretary of State or [F3the Commission or the local authority [F4or Historic Environment Scotland] (as the case may be)] of payments in such manner, of such amounts and on such terms as may be so specified (and whether for or towards the cost of any work provided for under the agreement or in consideration of any restriction, prohibition or obligation accepted by any other party thereto);
and may contain such incidental and consequential provisions as appear to the Secretary of State or [F3the Commission or the local authority [F5or Historic Environment Scotland] (as the case may be)] to be necessary or expedient.
(5)Where an agreement under this section expressly provides that the agreement as a whole or any restriction, prohibition or obligation arising thereunder is to be binding on the successors of any party to the agreement (but not otherwise), then, as respects any monument or land in England and Wales, every person deriving title to the monument or land in question from, through or under that party shall be bound by the agreement, or (as the case may be) by that restriction, prohibition or obligation, unless he derives title by virtue of any disposition made by that party before the date of the agreement.
(6)An agreement under this section relating to any monument or land in Scotland and containing any such provision as is mentioned in subsection (5) above may be recorded in the Register of Sasines, and that subsection shall apply to any such agreement which is so recorded or (as the case may be) to any restriction, prohibition or obligation to which that provision relates.
(7)[F6Neither—
(a) section 84 of the M1 Law of Property Act 1925 (power of Lands Tribunal to discharge or modify restrictive covenants); nor
(b) sections 1 and 2 of the M2 Conveyancing and Feudal Reform (Scotland) Act 1970 (power of Lands Tribunal for Scotland to vary or discharge land obligations);
shall apply to an agreement under this section.]
[F6Section 84 of the Law of Property Act 1925 (c. 20) (power F7... to discharge or modify restrictive covenant) shall not apply to an agreement under this section.]
(8)Nothing in any agreement under this section to which the Secretary of State is a party shall be construed as operating as a scheduled monument consent.
[F8(9) References to an ancient monument in subsection (1A) above, and in subsection (3) above so far as it applies for the purposes of subsection (1A), shall be construed as if the reference in section 61(12)( b ) of this Act to the Secretary of State were to the Commission. ]
[F9(9A)References to an ancient monument in subsection (2A), and in subsection (3) so far as it applies for the purposes of subsection (2A), are to be construed as if the reference in section 61(12)(b) of this Act to the Secretary of State were to Historic Environment Scotland.]
[F10(10)References in this section to an ancient monument situated in England include any such monument situated in, on or under the seabed within the seaward limits of the United Kingdom territorial waters adjacent to England; and an order under section 33(10) of the National Heritage Act 1983 (orders determining limits of waters adjacent to England) applies for the purposes of this subsection as it applies for the purposes of section 33(9) of that Act.]
Textual Amendments
F1S. 17(1A) inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 43(2)
F2S. 17(2A) inserted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 41(a) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F3Words substituted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 43(3)
F4Words in s. 17(4)(f) inserted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 41(b)(i) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F5Words in s. 17(4) inserted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 41(b)(ii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F6S. 17(7) substituted (S.) (28.11.2004) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 122(1), 129(2), Sch. 14 para. 8 (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)
F7Words in s. 17(7) omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 128 (with Sch. 5)
F8S. 17(9) inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 43(4)
F9S. 17(9A) inserted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 41(c) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F10S. 17(10) inserted (1.7.2002) by National Heritage Act 2002 (c. 14), ss. {2(2)}, 8(2)
Modifications etc. (not altering text)
C1Ss. 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)
C2Ss. 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(1), 25(1), 25(2)(xxvi) (with art. 35)
Marginal Citations