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Effect of guardianship. 4.(1) Subject to subsection (3), where the Ministry has been appointed guardian of any monument under this Act, the Ministry shall maintain the monument and shall have access by its inspectors, agents or workmen, or by any one authorised by it to act on its behalf, to the monument for the purposes of inspecting it and of bringing such materials and doing such acts and things as may be required for its maintenance. (2) The powers conferred on the Ministry by subsection (1) with respect to the maintenance of a historic monument of which it is the guardian shall, except in so far as may be otherwise provided by the deed constituting the Ministry guardian of the monument, include power to do all such things as may be necessary or expedient for the maintenance of the monument and for the exercise of proper control and management with respect thereto by the Ministry, and, in particular (without prejudice to the generality of the foregoing provisions of this section), power to make any examination of the monument, and to open up the monument and to make excavations therein or otherwise. (3) If a person who is not bound by the deed by which the Ministry was appointed guardian of the monument becomes owner thereof, the power of the Ministry to maintain the monument may be determined by notice in writing signed by that person and served on the Ministry, and that notice shall operate from the date of the service thereof. (4) In this section, "maintenance" includes the 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.
© 1971 Crown Copyright
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