(4)The Secretary of State [F3and the Commission] and any local authority may at any reasonable time enter any land which is under their guardianship by virtue of this Act for the purpose of exercising their power under subsection (3) above (and may authorise any other person to do so, and to exercise that power, on their behalf).

(5)Section 14(1) and (2) of this Act shall apply in relation to any land taken into guardianship by virtue of this section for any purpose relating to an ancient monument as they apply in relation to a monument, but, apart from any termination of guardianship by virtue of that section, any such land shall also cease to be under guardianship if the monument in question ceases to be under guardianship otherwise than by virtue of being acquired by its guardians or ceases to exist.

(6)References below in this Act, in relation to any monument of which the Secretary of State [F4or the Commission] or a local authority are the owners or guardians by virtue of this Act, to land associated with that monument (or to associated land) are references to any land acquired or taken into guardianship by virtue of this section for a purpose relating to that monument, or appropriated for any such purpose under a power conferred by any other enactment.

16 Acquisition of easements and other similar rights over land in the vicinity of an ancient monument

(1)The Secretary of State may acquire, by agreement or compulsorily, over land adjoining or in the vicinity of any monument which is under his ownership by virtue of this Act, any easement which appears to him to be necessary—

(a)for any of the purposes relating to that monument mentioned in section 15(1) of this Act; or

(b)for the use of any land associated with that monument for any of those purposes.

[F1Where the land in question is situated in England, the Secretary of State shall consult with the Commission before entering into the agreement or making the compulsory purchase order (as the case may be).]

[F2(1A)The Commission may by agreement acquire over land adjoining or in the vicinity of any monument which is under their ownership by virtue of this Act, any such easement as the Secretary of State may acquire by virtue of subsection (1) above.]

(2)A local authority may by agreement acquire over land adjoining or in the vicinity of any monument which is under their ownership by virtue of this Act any such easement as the Secretary of State may acquire by virtue of subsection (1) above.

(3)The power of acquiring an easement under subsection (1) [F3or (1A)] or (2) above shall include power to acquire any such easement by the grant of a new right.

(4)The Secretary of State [F4or the Commission] or any local authority may acquire, for the benefit of any monument or land under his or their guardianship by virtue of this Act, a right of any description which he or they would be authorised to acquire under any of the preceding provisions of this section if the monument or land was under his or their ownership by virtue of this Act, and those provisions shall apply accordingly in any such case.

(5)Any right to which subsection (4) above applies—

(a)shall be treated for the purposes of its acquisition under this section and in all other respects as if it were a legal easement; and

(b)may be enforced by the guardians for the time being of the monument or land for whose benefit it was acquired as if they were the absolute owner in possession of that monument or land.

(6)Any right to which subsection (4) above applies which is acquired by agreement under this section for a purpose relating to any monument under guardianship, or for the use of any land associated with any such monument for any purpose relating to that monument—

(a)subject to any provision to the contrary in the agreement under which it was acquired, may be revoked by the grantor; and

(b)may be revoked by any successor in title of the grantor as respects any of the land over which it is exercisable in which he has an interest;

if the monument ceases to be under guardianship otherwise than by virtue of being acquired by its guardians or ceases to exist.

(7)References above in this section to an easement or (as the case may be) to a legal easement shall be construed in relation to land in Scotland as references to a servitude.

(8)Any right to which subsection (4) above applies—

(a)shall be a local land charge, if it relates to land in England and Wales; and

(b)may be recorded in the Register of Sasines, if it relates to land in Scotland.

(9)The [F5M1Acquisition of Land Act 1981] shall apply to any compulsory acquisition by the Secretary of State under this section of any easement over land in England and Wales . . . F6

(10)The M2Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to any compulsory acquisition by the Secretary of State under this section of any servitude over land 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.

(11)The provisions of Part I of the M4Compulsory 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 by agreement under this section of any easement over land in England and Wales.

(12)For the purposes of any acquisition by agreement under this section of any servitude over land in Scotland—

(a)the Lands Clauses Acts (with the exception of the provisions excluded by subsection (13) below) and sections 6 and 70 to 78 of the M5Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the M6Mines (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 servitude shall be deemed to be the promoter of the undertaking or company (as the case may require).

(13)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 M7Lands Clauses Consolidation (Scotland) Act 1845.

Agreements concerning ancient monuments, etc

17 Agreements concerning ancient monuments and land in their vicinity

(1)The Secretary of State may enter into an agreement under this section with the occupier of an ancient monument or of any land adjoining or in the vicinity of an ancient monument.

[F1(1A)The Commission may enter into an agreement under this section with the occupier of an ancient monument situated in England or of any land so situated which adjoins or is in the vicinity of an ancient monument so situated.]

(2)A local authority may enter into an agreement under this section with the occupier of any ancient monument situated in or in the vicinity of their area or with the occupier of any land adjoining or in the vicinity of any such ancient monument.

(3)Any person who has an interest in an ancient monument or in any land adjoining or in the vicinity of an ancient monument may be a party to an agreement under this section in addition to the occupier.

(4)An agreement under this section may make provision for all or any of the following matters with respect to the monument or land in question, that is to say—

(a)the maintenance and preservation of the monument and its amenities;

(b)the carrying out of any such work, or the doing of any such other thing, in relation to the monument or land as may be specified in the agreement;

(c)public access to the monument or land and the provision of facilities and information or other services for the use of the public in that connection;

(d)restricting the use of the monument or land;

(e)prohibiting in relation to the monument or land the doing of any such thing as may be specified in the agreement; and

(f)the making by the Secretary of State or [F2the Commission or the local authority (as the case may be)] of payments in such manner, of such amounts and on such terms as may be so specified (and whether for or towards the cost of any work provided for under the agreement or in consideration of any restriction, prohibition or obligation accepted by any other party thereto);

and may contain such incidental and consequential provisions as appear to the Secretary of State or [F2the Commission or the local authority (as the case may be)] to be necessary or expedient.

(5)Where an agreement under this section expressly provides that the agreement as a whole or any restriction, prohibition or obligation arising thereunder is to be binding on the successors of any party to the agreement (but not otherwise), then, as respects any monument or land in England and Wales, every person deriving title to the monument or land in question from, through or under that party shall be bound by the agreement, or (as the case may be) by that restriction, prohibition or obligation, unless he derives title by virtue of any disposition made by that party before the date of the agreement.

(6)An agreement under this section relating to any monument or land in Scotland and containing any such provision as is mentioned in subsection (5) above may be recorded in the Register of Sasines, and that subsection shall apply to any such agreement which is so recorded or (as the case may be) to any restriction, prohibition or obligation to which that provision relates.

(7)Neither—

(a)section 84 of the M1Law of Property Act 1925 (power of Lands Tribunal to discharge or modify restrictive covenants); nor

(b)sections 1 and 2 of the M2Conveyancing and Feudal Reform (Scotland) Act 1970 (power of Lands Tribunal for Scotland to vary or discharge land obligations);

shall apply to an agreement under this section.

(8)Nothing in any agreement under this section to which the Secretary of State is a party shall be construed as operating as a scheduled monument consent.

[F3(9)References to an ancient monument in subsection (1A) above, and in subsection (3) above so far as it applies for the purposes of subsection (1A), shall be construed as if the reference in section 61(12)(b) of this Act to the Secretary of State were to the Commission.]

[F4(10)References in this section to an ancient monument situated in England include any such monument situated in, on or under the seabed within the seaward limits of the United Kingdom territorial waters adjacent to England; and an order under section 33(10) of the National Heritage Act 1983 (orders determining limits of waters adjacent to England) applies for the purposes of this subsection as it applies for the purposes of section 33(9) of that Act.]

Powers of limited owners

18 Powers of limited owners for purposes of sections 12, 16 and 17

(1)Subject to section 12 of this Act, a person may establish guardianship of any land under subsection (1) [F1or (1A)] or (2) of that section or join in executing a guardianship deed for the purposes of that section notwithstanding that he is a limited owner of the land.

(2)A person may—

(a)grant any easement, servitude or other right over land which the Secretary of State [F2or the Commission] or any local authority are authorised to acquire under section 16 of this Act; or

(b)enter into an agreement under section 17 of this Act with respect to any land;

notwithstanding that he is a limited owner of the land.

(3)For the purposes of this section—

(a)a body corporate or corporation sole is a limited owner of any land in which it has an interest; and

(b)any other persons are limited owners of land in which they have an interest only if they hold that interest in one or other of the capacities mentioned in subsection (4) below.

(4)The capacities referred to in subsection (3)(b) above are the following—

(a)as tenant for life or statutory owner within the meaning of the M1Settled Land Act 1925;

[ F3(b)as trustees of land;]

(c)as liferenter or heir of entail in possession (in Scotland); and

(d)as trustees for charities or as commissioners or trustees for ecclesiastical, collegiate or other public purposes.

(5)The M2Trusts (Scotland) Act 1921 shall have effect as if among the powers conferred on trustees by section 4 of that Act (general powers of trustees) there were included a power to do any of the following acts in relation to the trust estate or any part of it, that is to say—

(a)to execute a guardianship deed;

(b)to grant any servitude or other right which the Secretary of State or any local authority are authorised to acquire under section 16 of this Act; and

(c)to enter into an agreement under section 17 of this Act.

(6)Subject to subsection (7) below, where a person who is a limited owner of any land by virtue of holding an interest in the land in any of the capacities mentioned in subsection (4) above executes a guardianship deed in relation to the land the guardianship deed shall bind every successive owner of any estate or interest in the land.

(7)Where the land to which a guardianship deed relates is at the date of the deed subject to any incumbrance not capable of being overreached by the limited owner in exercise of any powers of sale or management conferred on him by law or under any settlement or other instrument, the deed shall not bind the incumbrancer.

(8)Subject to subsection (9) below, where an agreement under section 17 of this Act to which a limited owner is a party expressly provides that the agreement as a whole or any restriction, prohibition or obligation arising thereunder is to be binding on his successors (but not otherwise), subsections (6) and (7) above shall apply to the agreement or (as the case may be) to the restriction, prohibition or obligation in question as they apply to a guardianship deed.

(9)Subsection (8) above does not apply to an agreement relating to any land in Scotland unless it is recorded in the Register of Sasines.

18 Powers of limited owners for purposes of sections 12, 16 and 17

(1)Subject to section 12 of this Act, a person may establish guardianship of any land under subsection (1) [F1or (1A)] or (2) of that section or join in executing a guardianship deed for the purposes of that section notwithstanding that he is a limited owner of the land.

(2)A person may—

(a)grant any easement, servitude or other right over land which the Secretary of State [F2or the Commission] or any local authority are authorised to acquire under section 16 of this Act; or

(b)enter into an agreement under section 17 of this Act with respect to any land;

notwithstanding that he is a limited owner of the land.

(3)For the purposes of this section—

(a)a body corporate or corporation sole is a limited owner of any land in which it has an interest; and

(b)any other persons are limited owners of land in which they have an interest only if they hold that interest in one or other of the capacities mentioned in subsection (4) below.

(4)The capacities referred to in subsection (3)(b) above are the following—

(a)as tenant for life or statutory owner within the meaning of the M1Settled Land Act 1925;

(b)as trustees for sale within the meaning of the M2Law of Property Act 1925;

(c)as liferenter or heir of entail in possession (in Scotland); and

(d)as trustees for charities or as commissioners or trustees for ecclesiastical, collegiate or other public purposes.

(5)The M3Trusts (Scotland) Act 1921 shall have effect as if among the powers conferred on trustees by section 4 of that Act (general powers of trustees) there were included a power to do any of the following acts in relation to the trust estate or any part of it, that is to say—

(a)to execute a guardianship deed;

(b)to grant any servitude or other right which the Secretary of State or any local authority are authorised to acquire under section 16 of this Act; and

(c)to enter into an agreement under section 17 of this Act.

(6)Subject to subsection (7) below, where a person who is a limited owner of any land by virtue of holding an interest in the land in any of the capacities mentioned in subsection (4) above executes a guardianship deed in relation to the land the guardianship deed shall bind every successive owner of any estate or interest in the land.

(7)Where the land to which a guardianship deed relates is at the date of the deed subject to any incumbrance not capable of being overreached by the limited owner in exercise of any powers of sale or management conferred on him by law or under any settlement or other instrument, the deed shall not bind the incumbrancer.

(8)Subject to subsection (9) below, where an agreement under section 17 of this Act to which a limited owner is a party expressly provides that the agreement as a whole or any restriction, prohibition or obligation arising thereunder is to be binding on his successors (but not otherwise), subsections (6) and (7) above shall apply to the agreement or (as the case may be) to the restriction, prohibition or obligation in question as they apply to a guardianship deed.

(9)Subsection (8) above does not apply to an agreement relating to any land in Scotland unless it is recorded in the Register of Sasines.

Public access to monuments under public control

19 Public access to monuments under public control

(1)Subject to the following provisions of this section, the public shall have access to any monument under the ownership or guardianship of the Secretary of State [F1or the Commission] or any local authority by virtue of this Act.

(2)The Secretary of State [F2and the Commission] and any local authority may nevertheless control the times of normal public access to any monument under their ownership or guardianship by virtue of this Act and may also, if they consider it necessary or expedient to do so in the interests of safety or for the maintenance or preservation of the monument, entirely exclude the public from access to any such monument or to any part of it, for such period as they think fit:

(a)the power of a local authority under this subsection to control the times of normal public access to any monument shall only be exercisable by regulations under this section; and

(b)the power of a local authority under this subsection entirely to exclude the public from access to any monument with a view to its preservation shall only be exercisable with the consent of the Secretary of State.

(3)The Secretary of State and any local authority may by regulations under [F3this subsection] regulate public access to any monument, or to all or any of the monuments, under their ownership or guardianship by virtue of this Act and any such regulations made by the Secretary of State may also apply to any monument, or to all or any of the monuments, under his control or management for any other reason.

[F4The Secretary of State shall consult with the Commission before he makes any regulations under this subsection in relation only to monuments situated in England.]

(4)Without prejudice to the generality of subsection (3) above, regulations made by the Secretary of State or a local authority under [F5that subsection] may prescribe the times when the public are to have access to monuments to which the regulations apply and may make such provision as appears to the Secretary of State or to the local authority in question to be necessary for—

(a)the preservation of any such monument and its amenities or of any property of the Secretary of State or local authority; and

(b)prohibiting or regulating any act or thing which would tend to injure or disfigure any such monument or its amenities or to disturb the public in their enjoyment of it;

and may prescribe charges for the admission of the public to any such monument or to any class or description of monuments to which the regulations apply.

[F6(4A)The Secretary of State may by regulations under this section make such provision as appears to him necessary for prohibiting or regulating any act or thing which would tend to injure or disfigure any monument under the ownership or guardianship of the Commission by virtue of this Act or the monument’s amenities or to disturb the public in their enjoyment of it.

(4B)The Secretary of State shall consult with the Commission before he makes any regulations under subsection (4A) above.]

(5)Without prejudice to subsections (3) and (4) above, the Secretary of State [F7and the Commission] and any local authority shall have power to make such charges as they may from time to time determine for the admission of the public to any monument under their ownership or guardianship by virtue of this Act or (in the case of the Secretary of State) to any monument otherwise under his control or management.

(6)Notwithstanding subsection (1) above, any person authorised in that behalf by the Secretary of State [F8or by the Commission] or by a local authority may refuse admission—

(a)to any monument under the ownership or guardianship of the Secretary of State or [F9the Commission or that local authority (as the case may be)] by virtue of this Act; or

(b)(in the case of the Secretary of State) to any monument otherwise under his control or management;

to any person he has reasonable cause to believe is likely to do anything which would tend to injure or disfigure the monument or its amenities or to disturb the public in their enjoyment of it.

(7)If any person contravenes or fails to comply with any provision of any regulations under this section, he shall be liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding [F10level 2 on the standard scale].

(8)Regulations made by a local authority under this section shall not take effect unless they are submitted to and confirmed by the Secretary of State, and the Secretary of State may confirm any such regulations either with or without modifications.

(9)In relation to any monument under guardianship, subsection (1) above is subject to any provision to the contrary in the guardianship deed.