Part IE+W+S Preservation of Historic Buildings and contents thereof

Modifications etc. (not altering text)

C2Part I (ss. 1-9) modified (S.) (27.5.1997) by 1997 c. 9, ss.64(2)(b), 83(2) (with s. 45(4))

8 Power of Minister to accept endowments of historic buildings.E+W

(1)Where any instrument coming into operation after the passing of this Act contains a provision purporting to be a gift of property to the Minister upon trust to use the income thereof (either for a limited time or in perpetuity) for or towards the upkeep of—

(a)a building acquired or accepted by the Minister under section five of this Act, or a building which the Minister proposes so to acquire or accept, or

(b)a building which at the coming into operation of the trust instrument is or will shortly be vested in or under the control or management of the Minister, being a building which appears to him to be one of outstanding historic or architectural interest, or

(c)a building of which at that time the Minister is or will shortly be guardian under [F1the M1Ancient Monuments and Archaeological Areas Act 1979]

or for or towards the upkeep of any such building together with other property, the Minister may accept the gift, and, if he does so, and the provision does not constitute a charitable trust, [F2the following provisions][F2subsections (2) to (7)] of this section shall have effect.

[F3(1A)Where any instrument coming into operation after the commencement of this subsection contains a provision purporting to be a gift of property to the Minister upon trust to use the income thereof (either for a limited time or in perpetuity) for or towards the upkeep of a garden or other land acquired or accepted by him under section 5(2A)(c) of this Act or a garden or other land which he proposes so to acquire or accept or for or towards the upkeep of any such garden or other land together with other property situated in Scotland, he may accept the gift and, if he does so and the provision does not constitute a charitable trust, subsections (2) to (6) below shall have effect.]

(2)The validity of the gift and of the trust to use the income as aforesaid (hereinafter referred to as “the endowment trust”) shall be deemed not to be, or ever to have been, affected by any rule of law or equity which would not have affected their validity if the trust had been charitable.

(3)In relation to the property (of whatsoever nature) comprised in the gift and any property for the time being representing that property (hereinafter collectively referred to as “the trust fund”) the Minister shall during the continuance of the endowment trust have the like powers of management, disposition and investment as, in the case of land [F4subject to a trust of land, are conferred by law on the trustees of land in relation to the land and to the proceeds of its sale]:

Provided that this subsection shall have effect without prejudice to any additional or larger powers conferred on the Minister by the trust instrument.

(4)If while the endowment trust continues an event happens such that immediately thereafter the Minister is neither entitled to any interest in the building [F5,land or garden] to which the trust relates, nor has the building [F5,land or garden]under his control or management, nor is guardian of the building under [F6the said Act of 1979] and apart from this subsection the endowment trust would not then be determined or be deemed to have failed, then on the happening of that event the endowment trust shall cease by virtue of this subsection and the trust fund shall devolve accordingly as on a failure of the trust.

(5)If the trust instrument contains a provision whereby on the failure or determination of the endowment trust the trust fund purports to be given, or to be directed to be held, on charitable trusts, the validity of that gift or direction shall be deemed not to be, or ever to have been, affected by any rule of law or equity relating to perpetuities.

(6)Subsection (3) of this section shall not apply to a trust to which the M2Trusts (Scotland) Act, 1921, applies.

[F7(7)Where the Commission are requested in pursuance of subsection (3) of this section to manage any property the income from which is applicable for or towards the upkeep of property situated in England, they may undertake the management.]

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F2Words “subsections (2) to (7)” substituted (S.) for “the following provisions” by National Heritage (Scotland) Act 1985 (c. 16, SIF 78), s. 21(4)(a)

F4Words in s. 8(3) substituted (E.W.) (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para.9 (with ss. 24(2), 25(4)); S.I. 1996/2974, art.2

F5Words “, land or garden” inserted (S.) after “building” by National Heritage (Scotland) Act 1985 (c. 16, SIF 78), s. 21(c)

Marginal Citations

8 Power of Minister to accept endowments of historic buildings.S

(1)Where any instrument coming into operation after the passing of this Act contains a provision purporting to be a gift of property to the Minister upon trust to use the income thereof (either for a limited time or in perpetuity) for or towards the upkeep of—

(a)a building acquired or accepted by the Minister under section five of this Act, or a building which the Minister proposes so to acquire or accept, or

(b)a building which at the coming into operation of the trust instrument is or will shortly be vested in or under the control or management of the Minister, being a building which appears to him to be one of outstanding historic or architectural interest, or

(c)a building of which at that time the Minister is or will shortly be guardian under [F8the M3Ancient Monuments and Archaeological Areas Act 1979]

or for or towards the upkeep of any such building together with other property, the Minister may accept the gift, and, if he does so, and the provision does not constitute a charitable trust, [F9the following provisions][F9subsections (2) to (7)] of this section shall have effect.

[F10(1A)Where any instrument coming into operation after the commencement of this subsection contains a provision purporting to be a gift of property to the Minister upon trust to use the income thereof (either for a limited time or in perpetuity) for or towards the upkeep of a garden or other land acquired or accepted by him under section 5(2A)(c) of this Act or a garden or other land which he proposes so to acquire or accept or for or towards the upkeep of any such garden or other land together with other property situated in Scotland, he may accept the gift and, if he does so and the provision does not constitute a charitable trust, subsections (2) to (6) below shall have effect.]

(2)The validity of the gift and of the trust to use the income as aforesaid (hereinafter referred to as “the endowment trust”) shall be deemed not to be, or ever to have been, affected by any rule of law or equity which would not have affected their validity if the trust had been charitable.

(3)In relation to the property (of whatsoever nature) comprised in the gift and any property for the time being representing that property (hereinafter collectively referred to as “the trust fund”) the Minister shall during the continuance of the endowment trust have the like powers of management, disposition and investment as, in the case of land held on trust for sale, are conferred by law on the trustees for sale in relation to the land and to the proceeds of sale thereof:

Provided that this subsection shall have effect without prejudice to any additional or larger powers conferred on the Minister by the trust instrument.

(4)If while the endowment trust continues an event happens such that immediately thereafter the Minister is neither entitled to any interest in the building [F11,land or garden] to which the trust relates, nor has the building [F11,land or garden]under his control or management, nor is guardian of the building under [F12the said Act of 1979] and apart from this subsection the endowment trust would not then be determined or be deemed to have failed, then on the happening of that event the endowment trust shall cease by virtue of this subsection and the trust fund shall devolve accordingly as on a failure of the trust.

(5)If the trust instrument contains a provision whereby on the failure or determination of the endowment trust the trust fund purports to be given, or to be directed to be held, on charitable trusts, the validity of that gift or direction shall be deemed not to be, or ever to have been, affected by any rule of law or equity relating to perpetuities.

(6)Subsection (3) of this section shall not apply to a trust to which the M4Trusts (Scotland) Act, 1921, applies.

[F13(7)Where the Commission are requested in pursuance of subsection (3) of this section to manage any property the income from which is applicable for or towards the upkeep of property situated in England, they may undertake the management.]

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F9Words “subsections (2) to (7)” substituted (S.) for “the following provisions” by National Heritage (Scotland) Act 1985 (c. 16, SIF 78), s. 21(4)(a)

F11Words “, land or garden” inserted (S.) after “building” by National Heritage (Scotland) Act 1985 (c. 16, SIF 78), s. 21(c)

Marginal Citations