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(4)Where a person who has an interest in the whole or any part of a monument is aggrieved by the amount specified by the Secretary of State as the recoverable amount for the purposes of subsection (3) above, he may require the determination of that amount to be referred to the Lands Tribunal or (in the case of a monument situated in Scotland) to the Lands Tribunal for Scotland; and in any such case the recoverable amount for the purposes of that subsection shall be such amount (being an amount representing the whole or any part of the compensation previously paid) as that Tribunal may determine to be just in the circumstances of the case.

(5)A notice deposited under subsection (2)(b) above shall specify the decision which gave rise to the right to compensation, the monument affected by the decision, and the amount of the compensation.

(6)A notice so deposited in the case of a monument situated in England and Wales shall be a local land charge; and for the purposes of the M1Local Land Charges Act 1975 the council with whom any such notice is deposited shall be treated as the originating authority as respects the charge thereby constituted.

(7)A notice so deposited in the case of any monument situated in Scotland which is heritable may be recorded in the Register of Sasines.

9 Compensation where works affecting a scheduled monument cease to be authorised

(1)Subject to the following provisions of this section, where any works affecting a scheduled monument which were previously authorised under this Part of this Act cease to be so, then, if any person who has an interest in the whole or any part of the monument—

(a)has incurred expenditure in carrying out works which are rendered abortive by the fact that any further works have ceased to be so authorised; or

(b)has otherwise sustained loss or damage which is directly attributable to that fact;

the Secretary of State [F1or (where the monument in question is situated in England) the Commission] shall pay to that person compensation in respect of that expenditure, loss or damage.

(2)Subsection (1) above only applies where the works cease to be authorised under this Part of this Act—

(a)by virtue of the fact that a scheduled monument consent granted by order under section 3 of this Act ceases to apply to any scheduled monument (whether by virtue of variation or revocation of the order or by virtue of a direction under subsection (3) of that section); or

(b)by virtue of the modification or revocation of a scheduled monument consent by a direction given under section 4 of this Act; or

(c)in accordance with paragraph 8 of Schedule 1 to this Act, by virtue of the service of a notice of proposed modification or revocation of a scheduled monument consent under paragraph 5 of that Schedule.

(3)A person shall not be entitled to compensation under this section in a case falling within subsection (2)(a) above unless, on an application for scheduled monument consent for the works in question, consent is refused, or is granted subject to conditions other than those which previously applied under the order.

(4)For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any works, or upon other similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out those works.

(5)Subject to subsection (4) above, no compensation shall be paid under this section in respect of any works carried out before the grant of the scheduled monument consent in question, or in respect of any other loss or damage (not being loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the grant of that consent.

Acquisition of ancient monuments

10 Compulsory acquisition of ancient monuments

(1)The Secretary of State may acquire compulsorily any ancient monument for the purpose of securing its preservation [F1; but, where the monument in question is situated in England, he shall consult with the Commission before making a compulsory purchase order.]

(2)The [F2M1Acquisition of Land Act 1981] shall apply to any compulsory acquisition by the Secretary of State under this section of an ancient monument situated in England and Wales . . . F3

(3)The M2Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to any compulsory acquisition by the Secretary of State under this section of an ancient monument situated in Scotland as it applies to a compulsory acquisition by another Minister or by the Secretary of State under section 58 of the M3National Health Service (Scotland) Act 1972 in a case falling within section 1(1) of the said Act of 1947.

(4)For the purpose of assessing compensation in respect of any compulsory acquisition under this section of a monument which, immediately before the date of the compulsory purchase order, was scheduled, it shall be assumed that scheduled monument consent would not be granted for any works which would or might result in the demolition, destruction or removal of the monument or any part of it.

11 Acquisition by agreement or gift of ancient monuments

(1)The Secretary of State may acquire by agreement any ancient monument [F1but, where the monument in question is situated in England, he shall consult with the Commission before doing so.]

[F2(1A)With the consent of the Secretary of State, the Commission may acquire by agreement any ancient monument situated in England.]

(2)Any local authority may acquire by agreement any ancient monument situated in or in the vicinity of their area.

(3)The Secretary of State or any local authority may accept a gift (whether by deed or will) of any ancient monument [F3; but, where the monument in question is situated in England, the Secretary of State shall consult with the Commission before accepting]

[F4(3A)With the consent of the Secretary of State, the Commission may accept a gift (whether by deed or will) of any ancient monument situated in England.]

(4)The provisions of Part I of the M1Compulsory Purchase Act 1965 (so far as applicable) other than sections 4 to 8, section 10 and section 31, shall apply in relation to any acquisition under subsection (1) or (2) above of an ancient monument situated in England and Wales.

(5)For the purpose of any acquisition under subsection (1) or (2) above of any ancient monument situated in Scotland which is heritable—

(a)the Lands Clauses Acts (with the exception of the provisions excluded by subsection (6) below) and sections 6 and 70 to 78 of the M2Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the M3Mines (Working Facilities and Support) Act 1923) shall be incorporated with this section; and

(b) in construing those Acts for the purposes of this section, this section shall be deemed to be the special Act and the Secretary of State or the local authority acquiring the monument shall be deemed to be the promoter of the undertaking or company (as the case may require).

(6)The provisions of the Lands Clauses Acts excluded from being incorporated with this section are—

(a)those which relate to the acquisition of land otherwise than by agreement;

(b)those which relate to access to the special Act; and

(c)sections 120 to 125 of the M4Lands Clauses Consolidation (Scotland) Act 1845.

Guardianship of ancient monuments

12 Power to place ancient monument under guardianship

(1)Subject to subsection (4) below, a person who has—

(a)an interest of any description mentioned in subsection (3) below in an ancient monument situated in England and Wales; or

(b)any heritable interest in an ancient monument situated in Scotland;

may, with the consent of the Secretary of State, constitute him by deed guardian of the monument.

[F1Where the monument in question is situated in England, the Secretary of State shall consult with the Commission before he so consents.]

[F2(1A)Subject to subsection (4) below, a person who has an interest of any description mentioned in subsection (3) below in an ancient monument situated in England may, with the consent of the Commission, given after obtaining the consent of the Secretary of State, constitute the Commission by deed guardian of the Monument.]

(2)Subject to subsection (4) below, a person who has any such interest in an ancient monument may with the consent of any local authority in or in the vicinity of whose area the monument is situated constitute that authority by deed guardians of the monument.

(3)The interests in an ancient monument situated in England and Wales which qualify a person to establish guardianship of the monument under subsection (1) [F3or (1A)] or (2) above are the following—

(a)an estate in fee simple absolute in possession;

(b)a leasehold estate or interest in possession, being an estate or interest for a term of years of which not less than forty-five are unexpired or (as the case may be) renewable for a term of not less than forty-five years; and

(c)an interest in possession for his own life or the life of another, or for lives (whether or not including his own), under any existing or future [F4trust of land] under which the estate or interest for the time being subject to the trust falls within paragraph (a) or (b) above.

(4)A person who is not the occupier of an ancient monument may not establish guardianship of the monument under this section unless the occupier is also a party to the deed executed for the purposes of subsection (1) [F3(1A)] or (2) above.

(5)Any person who has an interest in an ancient monument may be a party to any such deed in addition to the person establishing the guardianship of the monument and (where the latter is not the occupier) the occupier.

(6)In relation to any monument of which the Secretary of State [F5or the Commission] or any local authority have been constituted the guardians under this Act, references below in this Act to the guardianship deed are references to the deed executed for the purposes of subsection (1) or [F6(1A) or (2) above (as the case may be)]

(7)A guardianship deed relating to any ancient monument situated in England and Wales shall be a local land charge.

(8)A guardianship deed relating to any ancient monument situated in Scotland may be recorded in the Register of Sasines.

(9)Every person deriving title to any ancient monument from, through or under any person who has executed a guardianship deed shall be bound by the guardianship deed unless—

(a)in the case of a monument in England and Wales, he derives title by virtue of any disposition made by the person who executed the deed before the date of the deed; or

(b)in the case of a monument in Scotland, he is a person who in good faith and for value acquired right (whether completed by infeftment or not) to his interest in the monument before the date of the deed.

(10)The Secretary of State [F7or the Commission] or a local authority shall not consent to become guardians of any structure which is occupied as a dwelling house by any person other than a person employed as the caretaker thereof or his family.

(11)Except as provided by this Act, any person who has any estate or interest in a monument under guardianship shall have the same right and title to, and estate or interest in, the monument in all respects as if the Secretary of State or [F8the Commission or the local authority in question (as the case may be)] had not become guardians of the monument.

12 Power to place ancient monument under guardianship

(1)Subject to subsection (4) below, a person who has—

(a)an interest of any description mentioned in subsection (3) below in an ancient monument situated in England and Wales; or

(b)any heritable interest in an ancient monument situated in Scotland;

may, with the consent of the Secretary of State, constitute him by deed guardian of the monument.

[F1Where the monument in question is situated in England, the Secretary of State shall consult with the Commission before he so consents.]

[F2(1A)Subject to subsection (4) below, a person who has an interest of any description mentioned in subsection (3) below in an ancient monument situated in England may, with the consent of the Commission, given after obtaining the consent of the Secretary of State, constitute the Commission by deed guardian of the Monument.]

(2)Subject to subsection (4) below, a person who has any such interest in an ancient monument may with the consent of any local authority in or in the vicinity of whose area the monument is situated constitute that authority by deed guardians of the monument.

(3)The interests in an ancient monument situated in England and Wales which qualify a person to establish guardianship of the monument under subsection (1) [F3or (1A)] or (2) above are the following—

(a)an estate in fee simple absolute in possession;

(b)a leasehold estate or interest in possession, being an estate or interest for a term of years of which not less than forty-five are unexpired or (as the case may be) renewable for a term of not less than forty-five years; and

(c)an interest in possession for his own life or the life of another, or for lives (whether or not including his own), under any existing or future trust for sale under which the estate or interest for the time being subject to the trust falls within paragraph (a) or (b) above.

(4)A person who is not the occupier of an ancient monument may not establish guardianship of the monument under this section unless the occupier is also a party to the deed executed for the purposes of subsection (1) [F3(1A)] or (2) above.

(5)Any person who has an interest in an ancient monument may be a party to any such deed in addition to the person establishing the guardianship of the monument and (where the latter is not the occupier) the occupier.

(6)In relation to any monument of which the Secretary of State [F4or the Commission] or any local authority have been constituted the guardians under this Act, references below in this Act to the guardianship deed are references to the deed executed for the purposes of subsection (1) or [F5(1A) or (2) above (as the case may be)]

(7)A guardianship deed relating to any ancient monument situated in England and Wales shall be a local land charge.

(8)A guardianship deed relating to any ancient monument situated in Scotland may be recorded in the Register of Sasines.

(9)Every person deriving title to any ancient monument from, through or under any person who has executed a guardianship deed shall be bound by the guardianship deed unless—

(a)in the case of a monument in England and Wales, he derives title by virtue of any disposition made by the person who executed the deed before the date of the deed; or

(b)in the case of a monument in Scotland, he is a person who in good faith and for value acquired right (whether completed by infeftment or not) to his interest in the monument before the date of the deed.

(10)The Secretary of State [F6or the Commission] or a local authority shall not consent to become guardians of any structure which is occupied as a dwelling house by any person other than a person employed as the caretaker thereof or his family.

(11)Except as provided by this Act, any person who has any estate or interest in a monument under guardianship shall have the same right and title to, and estate or interest in, the monument in all respects as if the Secretary of State or [F7the Commission or the local authority in question (as the case may be)] had not become guardians of the monument.

13 Effect of guardianship

(1)The Secretary of State [F1and the Commission] and any local authority shall be under a duty to maintain any monument which is under their guardianship by virtue of this Act.

(2)The Secretary of State [F1and the Commission] and any local authority shall have full control and management of any monument which is under their guardianship by virtue of this Act.

(3)With a view to fulfilling their duty under subsection (1) above to maintain a monument of which they are the guardians, the Secretary of State [F2or the Commission] or any local authority shall have power to do all such things as may be necessary for the maintenance of the monument and for the exercise by them of proper control and management with respect to the monument.

(4)Without prejudice to the generality of the preceding provisions of this section, the Secretary of State [F2or the Commission] or any local authority shall have power—

(a)to make any examination of a monument which is under their guardianship by virtue of this Act;

(b)to open up any such monument or make excavations therein for the purpose of examination or otherwise; and

(c)to remove the whole or any part of any such monument to another place for the purpose of preserving it.

(5)The Secretary of State [F2or the Commission] or any local authority may at any reasonable time enter the site of a monument which is under their guardianship by virtue of this Act for the purpose of exercising any of their powers under this section in relation to the monument (and may authorise any other person to exercise any of those powers on their behalf).

(6)Subsections (2) to (4) above are subject to any provision to the contrary in the guardianship deed.

(7)In this Part of this Act “maintenance” includes fencing, repairing, and covering in, of a monument and the doing of any other act or thing which may be required for the purpose of repairing the monument or protecting it from decay or injury, and “maintain” shall be construed accordingly.

14 Termination of guardianship

(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.

Acquisition and guardianship of land in the vicinity of an ancient monument, etc

15 Acquisition and guardianship of land in the vicinity of an ancient monument

(1)References in sections 10 to 12 of this Act to an ancient monument shall include references to any land adjoining or in the vicinity of an ancient monument which appears to the Secretary of State [F1or the Commission] or a local authority to be reasonably required for any of the following purposes, that is to say—

(a)the maintenance of the monument or its amenities;

(b)providing or facilitating access to the monument;

(c)the exercise of proper control or management with respect to the monument;

(d)the storage of equipment or materials for the purpose mentioned in paragraph (a) above; and

(e)the provision of facilities and services for the public for or in connection with affording public access to the monument;

(and one of those purposes shall accordingly be sufficient to support the compulsory acquisition of any such land under section 10(1) of this Act, instead of the purpose there mentioned).

[F2Land may be acquired, or taken into guardianship, by the Commission by virtue of this section only if the land is situated in England.]

(2)Land may be acquired or taken into guardianship by virtue of this section for any of the purposes relating to an ancient monument mentioned in subsection (1) above either at the same time as the monument or subsequently.

(3)The Secretary of State [F3and the Commission] and any local authority shall have full control and management of any land which is under their guardianship by virtue of this Act after being taken into guardianship by virtue of this section for a purpose relating to any ancient monument, and shall have power to do all such things as may be necessary—

(a)for the exercise by them of proper control and management with respect to the land; and

(b)for the use of the land for any of the purposes relating to the monument mentioned in subsection (1) above.