Modifications etc. (not altering text)
C1Part I (ss. 1–9) modified by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 72(2)
C2Part I (ss. 1-9) modified (S.) (27.5.1997) by 1997 c. 9, ss.64(2)(b), 83(2) (with s. 45(4))
(1)Subject to subsection (4) of this section, the Minister shall have power to acquire by agreement, whether by purchase, lease or otherwise, or to accept a gift of—
(a)any building appearing to him to be one of outstanding historic or architectural interest;
(b)any land comprising, or contiguous or adjacent to, any such building.
(2)Subject as aforesaid, the Minister shall have power to purchase by agreement, or to accept a gift of, any objects which are or have been ordinarily kept in—
(a)a building which, or any interest in which, is vested in the Minister, or a building which is under his control or management, being in either case a building appearing to the Minister to be of outstanding historic or architectural interest; or
(b)a building of which the Minister is guardian under [F1the M1Ancient Monuments and Archaeological Areas Act 1979]or
(c)a building which, or any interest in which, is vested in either of the said National Trusts.
[F2(2A)Subject as aforesaid, the Minister shall have power to acquire by agreement, whether by purchase, lease or otherwise, or to accept a gift of—
(a)any building situated in Scotland and which—
(i)is in an area designated as a conservation area under section 262 of the Town and Country Planning (Scotland) Act M21972; and
(ii)appears to him to be of special historic or architectural interest;
(b)any land situated in Scotland and which comprises or is contiguous or adjacent to any building mentioned in paragraph (a) above;
(c)any garden or other land which is situated in Scotland and which appears to him to be of outstanding historic interest but which is not contiguous or adjacent to a building which appears to him to be of outstanding historic or architectural interest.]
(3)Subject as aforesaid, the Minister may make such arrangements as he may think fit as to the management or custody of any property acquired or accepted by him under this section, and as to the use of any such property, and may dispose of or otherwise deal with any such property as he may from time to time determine.
[F3(3A)The Commission may be a party to such arrangements as are mentioned in subsection (3) of this section if the arrangements relate to property situated in England.]
(4)The Minister shall consult with the appropriate [F4Commission or]Council under this Act before acquiring or accepting any property under this section, and before taking any step by way of disposing of or otherwise dealing with any property so acquired or accepted, other than any step taken by him in the course of managing or keeping the property and making arrangements as to its use:
Provided that this subsection shall not prevent the Minister from acquiring or accepting any property without consultation with the said [F4Commission or]Council in a case where the acquisition or acceptance thereof appears to him to be a matter of immediate urgency.
(5)Any expenses incurred by the Minister under this section shall be defrayed out of moneys provided by Parliament, and any receipts of the Minister under this section shall be paid into the Exchequer.
Textual Amendments
F1Words substituted by Ancient Monuments and Archaeological Areas Act 1979 (c. 46), Sch. 4 para. 3(1)
F2S. 5(2A) inserted (S.) by National Heritage (Scotland) Act 1985 (c. 16, SIF 78), s. 21(2)
F3S. 5(3A) inserted by National Heritage Act 1983 (c. 47), s. 41, Sch. 4 para. 6(2)
F4Words inserted by National Heritage Act 1983 (c. 47), s. 41, Sch. 4 para. 6(3)
Modifications etc. (not altering text)
C3Power to extend s. 5 (E.W.) given by Redundant Churches and other Religious Buildings Act 1969 (c. 22), ss. 4, 5
Marginal Citations