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HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 4

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.


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© 1971 Crown Copyright

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