Ancient Monuments and Archaeological Areas Act 1979

14 Termination of guardianship.E+W+S

(1)Subject to the following provisions of this section, where the Secretary of State [F1or the Commission] or a local authority have become guardians of any monument under this Act, they may by agreement made with the persons who are for the time being immediately affected by the operation of the guardianship deed—

(a)exclude any part of the monument from guardianship; or

(b)renounce guardianship of the monument;

but except as provided above the monument shall remain under guardianship (unless it is acquired by its guardians) until an occupier of the monument who is entitled to terminate the guardianship gives notice in writing to that effect to the guardians of the monument.

An occupier of a monument is entitled to terminate the guardianship of the monument if—

(a)he has any interest in the monument which would qualify him to establish guardianship of the monument under section 12 of this Act; and

(b)he is not bound by the guardianship deed.

(2)A local authority shall consult with the Secretary of State before entering into any agreement under this section.

  • [F2Where the monument in question is situated in England, the Secretary of State shall consult with the Commission before entering into any such agreement.

  • The Commission shall consult with the Secretary of State before entering into any such agreement.]

(3)Neither the Secretary of State [F3nor the Commission] nor a local authority may enter into any such agreement unless he or they are satisfied with respect to the part of the monument or (as the case may be) with respect to the whole of the monument in question—

(a)that satisfactory arrangements have been made for ensuring its preservation after termination of the guardianship; or

(b)that it is no longer practicable to preserve it (whether because of the cost of preserving it or otherwise).

(4)An agreement under this section must be made under seal in the case of a monument situated in England and Wales.

(5)Where in the case of a monument situated in Scotland the guardianship deed has been recorded in the Register of Sasines in accordance with section 12 of this Act an agreement under this section relating to that monument may also be so recorded.

Textual Amendments