Part I The National Heritage Memorial Fund
1 Establishment of National Heritage Memorial Fund.
1
There shall be a fund known as the National Heritage Memorial Fund, to be a memorial to those who have died for the United Kingdom, established in succession to the National Land Fund, which shall be applicable for the purposes specified in this Part of this Act.
2
The Fund shall be vested in and administered by a body corporate known as the Trustees of the National Heritage Memorial Fund and consisting of a chairman and not more than ten other members appointed by the Prime Minister.
3
The persons appointed under this section shall include persons who have knowledge, experience or interests relevant to the purposes for which the Fund may be applied and who are connected by residence or otherwise with England, Wales, Scotland and Northern Ireland respectively.
4
References in this Part of this Act to the Trustees are to the body constituted by subsection (2) above; and Schedule 1 to this Act shall have effect with respect to the Trustees and the discharge of their functions.
2 Payments into the Fund.
1
2
There shall also be paid into the Fund any other sums received by the Trustees in consequence of the discharge of their functions.
3 Grants and loans from the Fund.
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 this section 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.
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.
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;
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
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 M8Historic Monuments Act (Northern Ireland) 1971 as relates to the acquisition of historic monuments by agreement, section 4 of that Act or Article 84 of the M9Planning (Northern Ireland) Order 1972.
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.
F13A Financial assistance towards exhibitions, archives, etc.
1
The Trustees may give financial assistance for any project within subsection (2) below which appears to them—
a
to relate to an important aspect of the history, natural history or landscape of the United Kingdom, and
b
to be of public benefit.
2
The projects within this subsection are projects for any person to whom the assistance is to be given to—
a
set up and maintain a public exhibition,
b
compile and maintain an archive,
c
publish archive material, or
d
compile and publish a comprehensive work of reference (or publish a comprehensive work of reference that has previously been compiled),
or to do any ancillary thing.
3
In subsection (2) above, “archive” includes any collection of sound recordings, images or other information, however stored.
4
Before giving any financial assistance under this section for any project, the Trustees shall obtain any expert advice about the project they consider appropriate.
5
Subsections (5), (6) and (8) of section 3 above apply for the purposes of this section as they apply for the purposes of that.
6
In giving any financial assistance under this section for any project to compile or maintain an archive, or determining the conditions on which such assistance is to be given, the Trustees shall bear in mind the desirability of public access to the archive
4 Other expenditure out of the Fund.
1
Subject to the provisions of this section, the Trustees may apply the Fund for any purpose other than making grants or loans, being a purpose connected with the acquisition, maintenance or preservation of property falling within section 3(1) above, including its acquisition, maintenance or preservation by the Trustees.
2
Subsections (2) and (3) of section 3 above shall have effect in relation to the application of any sums out of the Fund under this section as they have effect in relation to the making of a grant or loan under that section.
3
The Trustees shall not retain any property acquired by them under this section except in such cases and for such period as F8either of the Ministers may allow.
5 Acceptance of gifts.
1
Subject to the provisions of this section, the Trustees may accept gifts of money or other property.
2
The Trustees shall not accept a gift unless it is either unconditional or on conditions which enable the subject of the gift (and any income or proceeds of sale arising from it) to be applied for a purpose for which the Fund may be applied under this Part of this Act and which enable the Trustees to comply with subsection (3) below and section 2(2) above.
3
The Trustees shall not retain any property (other than money) accepted by them by way of gift except in such cases and for such period as F9either of the Ministers may allow.
4
References in this section to gifts include references to bequests and devises.
6 Powers of investment.
1
Any sums in the Fund which are not immediately required for any other purpose may be invested by the Trustees in accordance with this section.
2
Sums directly or indirectly representing money paid into the Fund under section 2(1) above may be invested in any manner approved by the Treasury; and the Trustees—
a
shall not invest any amount available for investment which represents such money except with the consent of the Treasury; and
b
shall, if the Treasury so require, invest any such amount specified by the Treasury in such manner as the Treasury may direct.
3
Any sums to which subsection (2) above does not apply may be invested in accordance with the M10Trustee Investments Act 1961; and sections 1, 2, 5, 6, 12 and 13 of that Act shall have effect in relation to such sums, and in relation to any investments for the time being representing such sums, as if they constituted a trust fund and the Trustees were the trustees of that trust fund.
7 Annual reports and accounts.
1
2
It shall be the duty of the Trustees—
a
to keep proper accounts and proper records in relation to the accounts;
b
to prepare in respect of each financial year a statement of account in such form as F10the Ministers may with the approval of the Treasury direct; and
c
to send copies of the statement to F10the Ministers and the Comptroller and Auditor General before the end of the month of November next following the end of the financial year to which the statement relates.
3
The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this section and lay copies of it and of his report before Parliament.
Part II Property Accepted in Satisfaction of Tax
8 Payments by Ministers to Commissioners of Inland Revenue.
1
Where under paragraph 17 of Schedule 4 to the M11Finance Act 1975 F11or section 230 of the Capital Transfer Tax Act 1984 the Commissioners of Inland Revenue have accepted any property in satisfaction of any amount of capital transfer tax, F12the Ministers may pay to the Commissioners a sum equal to that amount.
2
Any sums paid to the Commissioners under this section shall be dealt with by them as if they were payments on account of capital transfer tax.
3
Subsections (1) and (2) above shall apply in relation to estate duty chargeable on a death occurring before the passing of the said Act of 1975 as they apply in relation to capital transfer tax; and for that purpose the reference in subsection (1) to paragraph 17 of Schedule 4 to that Act shall be construed as a reference to—
a
section 56 of the M12Finance (1909-1910) Act 1910;
b
4
References in this Part of this Act to property accepted in satisfaction of tax are to property accepted by the Commissioners under the provisions mentioned in this section.
9 Disposal of property accepted by Commissioners.
1
Any property accepted in satisfaction of tax shall be disposed of in such manner as F13either of the Ministers may direct.
2
Without prejudice to the generality of subsection (1) above, F14either Minister may in particular direct that any such property shall, on such conditions as he may direct, be transferred to any institution or body falling within section 3(6)(a), (b) or (c) above which is willing to accept it, to the National Art Collections Fund or the Friends of the National Libraries if they are willing to accept it, to the Secretary of State or to the Department of the Environment for Northern Ireland.
3
Where F13either of the Ministers has determined that any property accepted in satisfaction of tax is to be disposed of under this section to any such institution or body as is mentioned in subsection (2) above or to any other person who is willing to accept it, he may direct that the disposal shall be effected by means of a transfer direct to that institution or body or direct to that other person instead of being transferred to the Commissioners.
4
F15Either of the Ministers may in any case direct that any property accepted in satisfaction of tax shall, instead of being transferred to the Commissioners, be transferred to a person nominated by F16the Ministers; and where property is so transferred the person to whom it is transferred shall, subject to any directions subsequently given under subsection (1) or (2) above, hold the property and manage it in accordance with such directions as may be given by F17the Minister.
5
In exercising F18their powers under this section in respect of an object or collection or group of objects having a significant association with a particular place, F19the Ministers shall consider whether it is appropriate for the object, collection or group to be, or continue to be, kept in that place, and for that purpose F19the Ministers shall obtain such expert advice as appears to F18them to be appropriate.
6
F20The Ministers shall lay before Parliament as soon as may be after the end of each financial year a statement giving particulars of any disposal or transfer made in that year in pursuance of directions given under this section.
7
References in this section to the disposal or transfer of any property include references to leasing, sub-leasing or lending it for any period and on any terms.
10 Receipts and expenses in respect of property accepted by Commissioners.
1
2
Any sums received on the disposal of, or of any part of, the property (including any premium, rent or other consideration arising from the leasing, sub-leasing or lending of the property) and any sums otherwise received in connection with the property shall be paid to F21the Ministers.
3
Any expenses incurred in connection with the property so far as not disposed of under section 9 above, including in the case of leasehold property any rent payable in respect of it, shall be defrayed by F21the Ministers.
11 Exemption from stamp duty.
No stamp duty shall be payable on any conveyance or transfer of property made under section 9 above to any such institution or body as is mentioned in subsection (2) of that section or on any conveyance or transfer made under subsection (4) of that section.
12 Approval of property for acceptance in satisfaction of tax.
1
. . . F23
2
The power of the Commissioners of Inland Revenue to accept property in satisfaction of estate duty under the provisions mentioned in subsection (3) of section 8 above shall not be exercisable except with the agreement of F24the Ministers; and F24the Ministers shall exercise the functions conferred on the Treasury by the provisions mentioned in paragraphs (b) and (c) of that subsection. . . F25.
3
Any question whether an object or collection or group of objects is pre-eminent shall be determined under the provisions mentioned in section 8(3)(b) or (c) above in the same way as under F26section 230(4) of the Capital Transfer Tax Act 1984.
13 Acceptance of property in satisfaction of interest on tax.
1
. . . F2
2
References to estate duty in—
a
the provisions mentioned in section 8(3) above; and
shall include references to interest payable under section 18 of the M3Finance Act 1896.
3
Section 8 above shall have effect where by virtue of this section F3or section 230(1) or 231(2) of the Capital Transfer Tax Act 1984 property is accepted in satisfaction of interest as it has effect where property is accepted in satisfaction of capital transfer tax or estate duty and references in this Part of this Act to property accepted in satisfaction of tax shall be construed accordingly.
14 Transfer of Ministerial functions.
1
2
An Order under this section may contain such incidental, consequential and supplemental provisions as may be necessary or expedient for the purpose of giving effect to the Order, including provisions adapting any of the provisions referred to in subsection (1) above.
3
No Order shall be made under this section unless a draft of the Order has been laid before, and approved by a resolution of, each House of Parliament.
15 Abolition of National Land Fund.
C11
Sections 48, 50 and 51 of the M4Finance Act 1946 (which establish the National Land Fund for the purpose of making such payments as are mentioned in section 8 above and contain other provisions superseded by this Part of this Act) and section 7 of the M5Historic Buildings and Ancient Monuments Act 1953 (which enables payments to be made out of that Fund for various other purposes) shall cease to have effect.
2
Subsection (1) above does not affect subsection (4) of the said section 48 (accounts) in relation to any receipts into or payments out of the National Land Fund at any time before that section ceases to have effect.
3
The Treasury shall, within six months of the date on which the said section 48 ceases to have effect, cancel all investments of the National Land Fund in debt charged on the National Loans Fund.
Part III Miscellaneous and Supplementary
16 Indemnities for objects on loan.
1
Subject to subsections (3) and (4) below, F29either of the Ministers may, in such cases and to such extent as he may determine, undertake to indemnify any institution, body or person falling within subsection (2) below for the loss of, or damage to, any object belonging to that institution, body or person while on loan to any other institution, body or person falling within that subsection.
2
The institutions, bodies and persons referred to above are—
a
a museum, art gallery or other similar institution in the United Kingdom which has as its purpose or one of its purposes the preservation for the public benefit of a collection of historic, artistic or scientific interest and which is maintained—
i
wholly or mainly out of moneys provided by Parliament or out of moneys appropriated by Measure; or
ii
by a local authority or university in the United Kingdom;
b
a library which is maintained—
i
wholly or mainly out of moneys provided by Parliament or out of moneys appropriated by Measure: or
ii
by a library authority;
or the main function of which is to serve the needs of teaching and research at a university in the United Kingdom;
c
the National Trust for Places of Historic Interest or Natural Beauty;
d
the National Trust for Scotland for Places of Historic Interest or Natural Beauty; and
e
any other body or person for the time being approved for the purposes of this section by F29either of the Ministers with the consent of the Treasury.
3
F30Neither of the Ministers shall give an undertaking under this section unless he considers that the loan will facilitate public access to the object in question or contribute materially to public understanding or appreciation of it.
4
F30Neither of the Ministers shall give an undertaking under this section unless the loan of the object in question is made in accordance with conditions approved by him and the Treasury and F31the Minister is satisfied that appropriate arrangements have been made for the safety of the object while it is on loan.
5
Subsections (1) to (4) above shall apply in relation to the loan of an object belonging to an institution, body or person established or resident in Northern Ireland with the substitution for references to F29either of the Ministers and the Treasury of references to the Department of Education for Northern Ireland and the Department of Finance for Northern Ireland respectively.
6
In subsection (2) above “library authority” means a library authority within the meaning of the M19Public Libraries and Museums Act 1964, a statutory library authority within the meaning of the M20Public Libraries (Scotland) Act 1955 or an Education and Library Board within the meaning of the M21Education and Libraries (Northern Ireland) Order 1972 and “university” includes a university college and a college, school or hall of a university.
7
References in this section to the loss of or damage to, or to the safety of, an object while on loan include references to the loss of or damage to, or the safety of, the object while being taken to or returned from the place where it is to be or has been kept while on loan.
16AF36 Reporting of indemnities given under section 16.
1
For each of the successive periods of six months ending with 31st March and 30th September in each year, F37the Secretary of State shall prepare a report specifying—
a
the number of undertakings given by him under section 16 above during that period; and
b
the amount or value, expressed in sterling, of any contingent liabilities as at the end of that period in respect of such of the undertakings given by him under that section at any time as remain outstanding at the end of that period.
2
A report under subsection (1) above shall be laid before Parliament not later than two months after the end of the period to which it relates.
3
Subsections (1) and (2) above shall apply in relation to undertakings given under section 16 above by the Department of Education for Northern Ireland—
a
with the substitution for references to F37the Secretary of State of references to that Department; and
b
with the substitution for the reference to Parliament in subsection (2) of a reference to the Northern Ireland Assembly.
17 Expenses and receipts.
Any sums required by any Minister for making payments under this Act shall be defrayed out of moneys provided by Parliament, and any sums received by any Minister under this Act shall be paid into the Consolidated Fund.
18 Short title, interpretation, repeals and extent.
1
This Act may be cited as the National Heritage Act 1980.
2
3
. . . F35
4
References in this Act to the making of a grant or loan or the transfer or conveyance of any property to any institution or body include references to the making of a grant or loan or the transfer or conveyance of property to trustees for that institution or body.
C25
The enactments mentioned in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
6
This Act extends to Northern Ireland.