Historic Buildings and Ancient Monuments Act 1953

5 Acquisition by the Minister of historic buildings, their contents and adjoining land. E+W+S

(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 [F1 the M1 Ancient 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 [F3 section 61 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997]; 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.

[F4 (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 [F5 the Commission] under this Act before acquiring or accepting any property[F6 situated in England] under this section, and before taking any step by way of disposing of or otherwise dealing with any[F7 such] 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 [F8 the Commission] 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

F1 Words substituted by Ancient Monuments and Archaeological Areas Act 1979 (c. 46), Sch. 4 para. 3(1)

F2 S. 5(2A) inserted (S.) by National Heritage (Scotland) Act 1985 (c. 16, SIF 78), s. 21(2)

F3 Words in s. 5(2A)(a)(i) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 4(1)

F4 S. 5(3A) inserted by National Heritage Act 1983 (c. 47), s. 41, Sch. 4 para. 6(2)

F5 Words in s. 5(4) substituted (1.4.2006) by Historic Buildings Council for Wales (Abolition) Order 2006 (S.I. 2006/63), arts. 1(2), 3(3)(a)

F6 Words in s. 5(4) inserted (1.4.2006) by Historic Buildings Council for Wales (Abolition) Order 2006 (S.I. 2006/63), arts. 1(2), 3(3)(b)

F7 Word in s. 5(4) inserted (1.4.2006) by Historic Buildings Council for Wales (Abolition) Order 2006 (S.I. 2006/63), arts. 1(2), 3(3)(c)

F8 Words in s. 5(4) substituted (1.4.2006) by Historic Buildings Council for Wales (Abolition) Order 2006 (S.I. 2006/63), arts. 1(2), 3(3)(d)

Modifications etc. (not altering text)

C1 Power to extend s. 5 (E.W.) given by Redundant Churches and other Religious Buildings Act 1969 (c. 22), ss. 4, 5

Marginal Citations

M1 1979 c. 46.