Hyperlawhypertext legal database National Heritage Act 2002 current to 2011-05-27

UKPGA-2002-14 National Heritage Act 2002 UK

Current to 2011-05-27

Contents
preamble

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Underwater archaeology

s. 1 — New functions relating to underwater archaeology
s. 1(1)

Amend section 33 of the National Heritage Act 1983 (c. 47) (general functions of the Historic Buildings and Monuments Commission for England) as follows.

s. 1(2)

In subsection (8), in the definition of “ancient monument”, after “site” insert “ (including any site comprising, or comprising the remains of, any vehicle, vessel, aircraft or other movable structure or part thereof) ”.

s. 1(3)

After that subsection insert—

s. 2 — Amendments consequential on section 1
s. 2(1)

In section 34 of the National Heritage Act 1983 (c. 47) (Commission to exercise certain ministerial functions)—

s. 2(1)(a)

in subsection (3), after “site” insert “ (including any site comprising, or comprising the remains of, any vehicle, vessel, aircraft or other movable structure or part thereof) ”; and

s. 2(1)(b)

after that subsection insert—

s. 2(2)

In section 17 of the Ancient Monuments and Archaeological Areas Act 1979 (c. 46) (agreement concerning ancient monuments and land in their vicinity), after subsection (9) insert—

s. 2(3)

In section 24 of that Act (expenditure by Secretary of State or local authority on acquisition and preservation of ancient monuments, etc), after subsection (3A) insert—

s. 3 — Exercise of certain ministerial functions
s. 3(1)

This section applies to any administrative function exercisable by the Secretary of State (whether by virtue of an enactment or otherwise) in relation to any ancient monument which is in, on or under the seabed within the seaward limits of the United Kingdom territorial waters.

s. 3(2)

If the Secretary of State directs the Historic Buildings and Monuments Commission for England (established by section 32 of the National Heritage Act 1983) to exercise functions to which this section applies and which are specified in the direction, in relation to any ancient monument or class of ancient monument so specified, the Commission shall exercise them on his behalf in such manner as he may from time to time direct.

s. 3(3)

In this section “ancient monument” means any structure, work, site (including any site comprising, or comprising the remains of, any vehicle, vessel, aircraft or other movable structure or part thereof) or area which in the opinion of the Secretary of State is, or may be, of historic, architectural, traditional, artistic or archaeological interest.

s. 3(4)

This section does not apply to—

s. 3(4)(a)

a function of making regulations or other instruments of a legislative character;

s. 3(4)(b)

a function to which section 34 of the National Heritage Act 1983 (c. 47) (power to authorise Commission to exercise certain functions of management exercisable by the Secretary of State in respect of England) applies.

s. 3(5)

In relation to any matter as respects which the Commission act by virtue of a direction under this section, the Commission shall enjoy the same privileges, immunities and exemptions as those enjoyed in relation to that matter by the Secretary of State.

s. 3(6)

Paragraph 2(1) of Schedule 3 to the National Heritage Act 1983 (Commission not to be regarded as servant or agent of the Crown) is subject to subsection (5).

s. 3(7)

Any direction given under this section shall be in writing.

s. 3(8)

Any power conferred by this section to give a direction shall include a power to vary or revoke the direction.

s. 3(9)

The Commission shall comply with any direction given under this section.

Trading functions

s. 4 — New trading functions of the Commission
s. 4(1)

In section 33 of the National Heritage Act 1983 (Commission’s general functions), in subsection (2), after paragraph (d) insert—

s. 4(2)

After that section insert—

s. 5 — Objects of companies formed by the Commission
s. 5(1)

Amend section 35 of the National Heritage Act 1983 (c. 47) (power of Commission to form companies) as follows.

s. 5(2)

In subsection (2)—

s. 5(2)(a)

in paragraph (a) for “in England” substitute “ , or sale, ”;

s. 5(2)(b)

after paragraph (a) insert—;

s. 5(2)(c)

in paragraph (b)—

s. 5(2)(c)(i)

the words “in England” are repealed, and

s. 5(2)(c)(ii)

after “buildings” insert “ , or sale of souvenirs ”; and

s. 5(2)(d)

for paragraph (c) substitute—.

s. 5(3)

After subsection (3) insert—

Protected wrecks

s. 6 — Assistance in relation to protected wrecks

After section 33B of the National Heritage Act 1983 (c. 47) (powers to exploit intangible assets), inserted by section 4 of this Act, insert—

Functions to support other heritage organisations

s. 7 — New functions to support other heritage organisations

In section 33 of the National Heritage Act 1983 (c. 47) (Commission’s general functions), in subsection (2), after paragraph (e), inserted by section 4 of this Act, insert—

Supplementary

s. 8 — Short title, commencement and extent
s. 8(1)

This Act may be cited as the National Heritage Act 2002.

s. 8(2)

This Act shall come into force at the end of the period of two months beginning with the day on which it is passed.

s. 8(3)

Any amendment or repeal made by this Act shall have the same extent as the enactment to which it relates.

s. 8(4)

Section 3 and this section extend to England and Wales, Scotland and Northern Ireland.

s. 8(5)

Subject to subsections (3) and (4), this Act extends to England and Wales only.