L.R.O. 1/2012
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NATIONAL TRUST ACT
CHAPTER 20:03
Act
7 of 1972
Amended by
6 of 1997


(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
1 – 24 ... 1/2012
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Note
on
Subsidiary Legislation

This Chapter contains no subsidiary legislation.

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CHAPTER 20:03
NATIONAL TRUST ACT

ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Establishment and Constitution of the National Trust.
4. Tenure of office of members.
5. Functions of the National Trust.
6. Remuneration of members.
7. Appointment of officers and employees.
8. Meetings of the National Trust.
9. Use of seal of the National Trust and execution of documents.
10. Power to appoint committees.
11. Power to delegate functions.
12. Funds of the National Trust.
13. Protection of members of the National Trust.
14. Accounts and audit.
15. National monuments.
16. Power of the National Trust to enter lands.
17. Penalty for interfering with national monuments.
18. Restriction on the exportation of specimens taken from national
monuments.
19. Power to constitute National Trust guardians of national monuments
and effect thereof.
20. Interim preservation notice.
21. Preservation orders.
22. Effect of interim preservation notice and preservation order.
23. Guardianship orders.
24. Preservation scheme.
25. Compensation.
26. Service of documents.
27. Exemption from stamp duties and taxes.
28. Supplementary provisions.
29. Regulations.

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FIRST SCHEDULE—Procedure for making preservation orders.
SECOND SCHEDULE—Provisions as to confirmation, variation and
revocation of preservation schemes.
__________________________
CHAPTER 20:03
NATIONAL TRUST ACT
7 of 1972 An Act to make provision for the preservation of
monuments, sites, places and objects of historic interest
or national importance.
[23rd September, 1972]
Short title.

Interpretation.
Establishment
and constitution
of the National
1. This Act may be cited as the National Trust Act.
2. In this Act—
“monument” includes any building, structure, object or other
work of man or of nature whether above or below the
surface of the land or the floor of the sea within the
territorial waters of Guyana and any site, cave or
excavation;
“national monument” means any monument declared to be a
national monument under section 15 and includes any
land comprising or adjacent to such a monument
which, in the opinion of the National Trust, is
reasonably required for the purpose of maintaining
the monument or the amenities thereof, or for
providing or facilitating access thereto or for the exercise
of proper control or management with respect thereto.
3. (1) There is hereby established a body to be known
as the National Trust which shall be a body corporate with
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Trust.
Tenure of
office of
members.

Functions of the
National Trust.
power to do all things necessary for the purposes of this Act
except that the National Trust shall not transfer, mortgage,
lease, charge or dispose of any land without the approval of
the Minister.
(2) The National Trust consist of the following
members—
(a) the Commissioner of Lands;
(b) the Town and Country Planning
Officer;
(c) the Archivist; and
(d) six other persons appointed by the
Minister (herein- after referred to as
“appointed members”).
(3) The Minister shall appoint a Chairman and a
Deputy Chairman of the National Trust from among the
members of the National Trust.
(4) In the absence or inability to act of the
Chairman and the Deputy Chairman, the Minister may
appoint one of the remaining members of the National Trust
to act as Chairman.
4. (1) An appointed member holds office for a
period not exceeding three years, as the Minister may direct
in the instrument appointing such member, but he shall be
eligible for reappointment.
(2) The appointment, removal, resignation or death
of the Chairman, the Deputy Chairman or any appointed
member shall be notified in the Gazette.
5. (1) The function of the National Trust is to
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Remuneration
of members.
promote the permanent preservation for the benefit of the
nation of property of beauty or historic interest.
(2) Without prejudice to the generality of
subsection (1), the function of the National Trust includes—
(a) the preservation of buildings of
national interest or of architectural,
historic or artistic interest and
places of natural interest or national
importance or beauty and the
protection and augmentation of the
amenities of those buildings and
places and their surroundings;
(b) the preservation of furniture and
pictures and chattels of any
description having national or historic
or artistic interest;
(c) the access to and enjoyment by the
public of such buildings, places and
chattels.
6. (1) Travelling expenses actually incurred by
members of the National Trust and a subsistence allowance
when attending meetings of the National Trust or when
travelling on official tours of inspection approved by the
National Trust may be reimbursed from the funds of the
National Trust.
(2) The rates of travelling allowance and
subsistence allowance shall be such rates as the Minister
responsible for finance may approve.
(3) The National Trust may, with the approval of
the Minister, enter into arrangements with any member of the
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Appointment
of officers and
employees.

Meetings of the
National Trust.
National Trust for the payment of an allowance to the
member for giving technical advice on or for supervising
repairs to national monuments.
7. The National Trust may appoint and employ
at such remuneration and on such terms and conditions as
they think fit, a secretary and such other officers, employees
and agents as they deem necessary for the proper carrying
out of the provisions of this Act.
8. (1) The National Trust shall meet at such times as
may be necessary or expedient for the transaction of business
and the meetings shall be held at such place and time and on
such days as the National Trust may determine.
(2) The Chairman may at any time summon a
special meeting of the National Trust and shall summon a
special meeting within seven days of a requisition for that
purpose addressed to him by any three members of the
National Trust.
(3) Three members of the National Trust shall form
a quorum.
(4) Minutes in proper form of each meeting shall
be kept by the Secretary and shall be confirmed by the
Chairman or the Deputy Chairman or other member
presiding at the meeting, as the case may be, as soon as
practicable thereafter at a subsequent meeting. (5) The National Trust may co-opt any one or more
persons to attend any particular meeting of the National Trust
at which they are dealing with a particular matter, for the
purpose of assisting or advising the National Trust, but the
co-opted person does not have the right to vote.
(6) References in this section and in sections 9 and
20 to the Chairman of the National Trust include
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Use of seal of
the National
Trust and
execution of
documents.
Power to
appoint
committees.
Power to
delegate
functions.
references to an acting Chairman appointed pursuant to
section 3 (4).
(7) Subject to the provisions of this section, the
National Trust have power to regulate their own proceedings.
9. (1) The seal of the National Trust shall be
authenticated by the signature of the Chairman or the Deputy
Chairman and the Secretary of the National Trust, and the
seal shall be officially and judicially noticed.
(2) All documents, other than those required by
law to be under seal, made by, and all decisions of, the
National Trust may be signified under the hand of the
Chairman, or Deputy Chairman, or the Secretary of the
National Trust.
10. (1) The National Trust may appoint a committee
to examine and report to them on any matter whatsoever
arising out of or in connection with any of their functions.
(2) The committee shall consist of at least two
members of the National Trust together with such other
persons, whether members of the National Trust or not,
whose assistance or advice the National Trust may desire.
(3) Where persons, not being members of the
National Trust are members of a committee appointed under
this section, or where a person is co-opted under section 8(5)
the provisions of section 6 apply for the purposes of the
payment of the expenses and allowances of such persons as
they apply in relation to members of the National Trust.
11. Subject to the provisions of this Act, the National
Trust may delegate to any member or committee of the
National Trust the power and authority to carry out on their
behalf such functions as the National Trust may determine.
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Funds of the
National Trust.
Protection of
members of the
National Trust.

Accounts and
audit.
12. (1) The funds and resources of the National Trust
consist of—
(a) such sums as may be provided by
Parliament;
(b) all other sums or property which may
in any manner become payable to or
vested in the National Trust in respect
of any matter incidental to or in
connection with their functions.
(2) The expenses of the National Trust (including
any remuneration of the members and the officers, employees
and agents thereof) shall be paid out of the funds and
resources of the National Trust.
13. (1) No action, suit, prosecution or other
proceedings shall be brought or instituted personally against
any member of the National Trust in respect of any act done
bona fide in pursuance or execution or intended execution of
this Act.
(2) Where a member of the National Trust is
exempt from liability by reason only of the provisions of
subsection (1) the National Trust is liable to the extent that
they would be if the member were an employee or agent of
the National Trust, so, however, that if in any case the
National Trust is not liable for any of the above-mentioned
acts, then the provisions of subsection (1) does not operate to
exempt any such member as therein provided.
14. The accounts of the National Trust shall be audited
annually by the Director of Audit and the members, officers
and employees of the National Trust shall grant to the
Director of Audit access to all the books, documents, cash and
securities of the National Trust and shall give to him on
request all such information as shall be within their
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National
monuments.

Power of the
National Trust
to enter lands.
[6 of 1997]
knowledge in relation to the operation of the National Trust.
15. (1) Where it appears to the National Trust that it is
in the public interest that any monument should be preserved
on account of the historic, architectural or archaeological
interest attaching to it or its national importance the National
Trust may, by notice published simultaneously in the
Gazette and one newspaper circulating in Guyana, declare
the monument to be a national monument.
(2) Upon publication of a notice under subsection
(1) relating to a monument such monument, without further
assurance, becomes the property of, and vests in, the National
Trust, and where immovable property has, by virtue of this
section, vested in the National Trust the Registrar of Deeds
shall take due notice thereof and shall make such annotations
on the records as may be necessary.
16. (1) Any person specially authorised in writing in
that behalf by the National Trust, after giving not less than
fourteen days’ notice in writing to the occupier of his
intention so to do and on production of his authority if so
required by or on behalf of the occupier, may enter for the
purposes of investigation at all reasonable times upon any
land that the National Trust have reason to believe contains a
monument, which in the opinion of the National Trust may
qualify for declaration as a national monument and may
make excavations on the land for the purpose of examination
except that—
(a) no person shall, under the powers
conferred by this section, enter any
dwelling-house or any building, park,
garden, pleasure ground or other land
used for the amenity or convenience
of a dwelling-house unless with the
consent of the occupier which
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Penalty for
interfering with
national
monuments.
[6 of 1997]

Restriction on
the exportation
of specimens
taken from
national
monuments.
[6 of 1997]
consent shall not be unreasonably
withheld; and
(b) no excavation shall be made under
the said powers unless with the
consent of every person whose
consent to the making of the
excavation would, apart from this
section, be required, and
(c) the National Trust is liable for any
damage done as a result of such entry
and investigation.
(2) If a person wilfully obstructs or hinders a
person duly authorised by the National Trust in the
exercise of the powers conferred by this section, he is liable
on summary conviction to a fine of six thousand five hundred
dollars.
17. Any person who disturbs, removes, undermines,
defaces or in any manner damages or interferes with any
national monument or anything therein or thereupon
otherwise than in accordance with the written permission of
the National Trust is liable on summary conviction to a
fine of one hundred and thirty thousand dollars, and in those
proceedings the court may, in addition, order him to pay such
sum as the court thinks just for the purpose of repairing or
restoring the monument.
18. (1) No person shall export any article whatever
taken from a national monument without the written
permission of the National Trust, and no such permission
shall be granted unless there is a specimen thereof in a
national museum in Guyana.
(2) Any person who exports any article in
contravention of this section is liable on summary conviction
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Power to
constitute
National Trust
guardians of
national
monuments and
effect thereof.
to a fine of one hundred and thirty thousand dollars and to
confiscation of the article.
19. (l) The owner of any monument that appears to
the National Trust to qualify for declaration as a national
monument under section 15 may, with the consent of the
National Trust, constitute it by deed guardians of the
monument except that the National Trust shall not consent to
become guardians of any monument that is occupied as a
dwelling-house by any person other than a person employed
as the care-taker thereof or his family.
(2) Every person claiming title to any monument
from, through or under an owner who has constituted the
National Trust guardians of the monument under this section
is bound by the deed executed by the owner for that purpose.
(3) Except as provided by this Act, the owner of a
monument of which the National Trust become guardians
under this Act has the same right and title to, and interest in,
the monument in all respects as if the National Trust had not
become guardians thereof.
(4) Where the National Trust become guardians of
a monument under this Act, they shall maintain the
monument and shall, with a view to the maintenance of the
monument, have access by themselves, their inspectors,
agents or workmen to the monument for the purpose of
inspecting it, and of bringing such materials and doing such
acts and things, as may be required for the maintenance of it.
(5) All expenses incurred by the National Trust in
maintaining the monument shall be defrayed out of the funds
and resources of the National Trust.

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Interim
preservation
notice.
(6) In this section—
“maintenance” includes the fencing, repairing, and covering
in of a monument and the doing of any other act or thing
that may be required for the purpose of repairing the
monument or protecting it from decay or injury;
“owner” includes a person who has a limited interest in a
monument and who, with the consent of all those
persons upon whom the monument devolves after the
expiration of that limited interest, constitutes the
National Trust guardians of the monument.
20. (1) Where a monument which in the opinion of
the Minister may qualify for declaration as a national
monument—
(a) the National Trust report to him that
the monument is in danger of
destruction or removal or damage
from neglect or injudicious treatment,
and that the preservation of the
monument is of national importance;
or
(b) the Minister considers it to be a matter
of immediate urgency to act under
this subsection without receiving such
a report,
the Minister may, if he thinks fit, subject to section 28, serve a
notice (in this Act referred to as an “interim preservation
notice”) on the owner and, if the owner is not the occupier of
the monument, on the occupier, stating that the monument
shall be under the protection of the Minister under this Act
while the notice is in force.

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(2) Where the Minister serves an interim
preservation notice, he shall cause a copy of the notice to be
fixed on some part of the monument.
(3) Where the National Trust have reason to
believe that a monument is in danger as mentioned in
subsection (1), and that the preservation of the monument is
of national importance, they may, subject to section 28, by a
written authorisation signed on their behalf by the Chairman
or the Deputy Chairman of the National Trust, authorise any
person (including a member of the National Trust) to inspect
the monument for the purpose of enabling the National Trust
to determine whether it is proper for them to report to the
Minister, and any person so authorised may at any reasonable
time, on production by him if so required of the
authorisation, enter any premises for the purpose of carrying
out the inspection of the monument, except that if the
National Trust consider that the inspection of the monument
is a matter of immediate urgency, they shall give not less than
twenty-eight days’ notice of the proposed inspection to the
occupier of the premises which are to be entered.
(4) An interim preservation notice—
(a) may be revoked by the Minister at
any time by notice served on the
owner and, if the owner is not the
occupier, on the occupier of the
monument;
(b) shall, if a preservation order made
under section 21 with respect to the
same monument comes into force
within a period of twenty-one
months after the service of the interim
preservation notice, cease to have
effect when the order comes into
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Preservation
orders.
First Schedule.

Effect of interim
preservation
notice and
preservation
order.
[6 of 1997]

Guardianship
orders.
force; and
(c) shall, if no such order comes into
force within that period, and the
notice has not been revoked before
the end of that period, cease to have
effect at the end of that period.
21. The Minister may, subject to and in
accordance with the provisions of the First Schedule, make
an order (in this Act referred to as a “preservation order”)
placing under the more lasting protection of the National
Trust a monument with respect to which an interim
preservation notice is in force.
22. (1) While an interim preservation notice or a
preservation order is in force with respect to a monument, the
monument shall not be demolished or removed, nor shall any
additions or alterations be made to it or any work carried out
in connection with it, except with the written consent of the
Minister granted subject to such conditions as the Minister
may think fit to impose.
(2) Any person who contravenes subsection (1) is
liable on summary conviction to a fine of thirty-two thousand
five hundred dollars, and in those proceedings the Court
may, in addition, order him to pay such sum as the Court
thinks just for the purpose of repairing or restoring the
monument.
23. If, while an interim preservation notice or a
preservation order is in force with respect to a monument, it
appears to the Minister that owing to neglect the monument
is liable to fall into decay, the Minister may make an order
(hereinafter referred to as a “guardianship order”)
constituting the National Trust guardians of the monument so
long as that order is in force, and—

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Preservation
schemes.
[6 of 1997]
(a) if the order is made while an interim
preservation notice is in force, the order
remains in force so long as the notice and
any preservation order superseding the
notice remains in force;
(b) if the order is made while a preservation
order is in force, the guardianship order
remains in force so long as the preservation
order is in force.
24. (1) For the purpose of preserving the amenities of
any national monument, the National Trust may, subject to
the provisions of this section, prepare and confirm a scheme
(hereinafter in this Act referred to as “a preservation
scheme”) for any area comprising or adjacent to the site of the monument, being an area to which, in the opinion of the
National Trust, it is necessary or expedient for that purpose
that the scheme should apply.
(2) Every preservation scheme shall define by
reference to a map annexed to it the area to which the
scheme is applicable (hereinafter in this Act referred to as
“the controlled area”) and may provide for any of the
following matters, that is to say—
(a) for prohibiting or restricting the
construction, erection or execution of
buildings, structures and other works
above ground within the controlled
area, or the alteration or extension
of any such buildings, structures or
works in such manner as materially to
affect their external appearance;
(b) for prescribing the position, height,
size, design, materials, colour and
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Second
Schedule
screening, and otherwise regulating
the external appearance, of buildings,
structures and other works above
ground within the controlled area;
(c) for prohibiting or restricting the
felling of trees, quarrying and
excavations within the controlled
area;
(d) for otherwise restricting the user of
land within the controlled area to
such extent expedient for the purpose
of preserving as may appear to the
National Trust to be the amenities of
the monument;
(e) for such other matters as appear to the
National Trust to be incidental to or
consequential on the provisions of
subsections (1) and (2) or to be
necessary for giving effect to those
provisions.
(3) The provisions of the Second Schedule have
effect with respect to the confirmation, variation and
revocation of preservation schemes.
(4) Nothing in any preservation scheme affects any
building, structure or work above ground or any alteration or
extension thereof, if it was constructed, erected or executed
before the day when notice of intention to confirm the scheme
was published in the Gazette under the Second Schedule, and
for the purpose of this provision a building, structure or other work and any alteration or extension thereof shall be deemed
to have been constructed, erected or executed before that
day—
(a) if its construction, erection or
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Compensation.
c. 1:01
Service of
documents.
execution was begun before that day;
or
(b) if and so far as its construction,
erection or execution was necessary
for the purpose of performing a
contract made before that day.
(5) If a person contravenes any provision of a
preservation scheme for the time being in force, he is liable on
summary conviction to a fine of six thousand five hundred
dollars for every day on which the contravention occurs or
continues.
(6) If, after a person has been convicted of a
contravention of a preservation scheme by reason that any
building, structure or other work is not in conformity with the
scheme, the contravention continues after the expiration of
such period as the Court before whom he was convicted may
determine, the National Trust have power to do all such acts,
as in their opinion, are necessary for removing so much of the
building, structure or work as is not in conformity with the
scheme, or for making it conform with the scheme, and any
expenses incurred by the National Trust in so doing is
recoverable in a magistrate’s court as a civil debt from the
person convicted, irrespective of the amount.
25. To such extent, if any, as may be required by
article 8 of the Constitution, provision is hereby made in
terms of paragraph (1) (a) and (b) of that article in relation to
any property including any interest in or right over such
property, compulsorily taken possession of or compulsorily
acquired by the National Trust in exercise of their powers
under section 15, 20, 21 or 23.
26. (1) Every document required or authorised to be
served under this Act upon an owner or occupier of a
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Exemption
from stamp
duties and
taxes.
c. 81:23
Supplementary
provisions.
monument may be served either by delivering it or leaving it
at the usual or last known place of abode of the person on
whom it is to be served or by sending it by registered post addressed to him at his last-known place of abode, or if that
cannot be found, by fixing it on some conspicuous part of the
monument.
(2) Any such document may, as the case requires,
be addressed to the “owner” or “occupier” of the monument
(describing it) without further name or description.
27. Notwithstanding anything contained in any other
law—
(a) an instrument necessary for transferring to,
or vesting in, the National Trust upon which
or in respect of which stamp duties,
registration or recording fees are payable, is
exempt from the payment of such duties or
fees; and
(b) the National Trust, in relation to all
property whatsoever held or dealt with by
them for the purposes of this Act, is
exempt from the payment of property
tax, corporation tax, income tax and capital
gains tax;
(c) estate duty is not payable under the Estate
Duty Act in respect of property bequeathed
absolutely to the National Trust.
28. The Minister shall not serve an interim
preservation notice, or make a preservation order or a
guardianship order, and the National Trust shall not issue an
authorisation under section 20(3) with respect to a monument
that appears to the Minister or to the National Trust, as the
case may be, to be occupied as a dwelling-house, otherwise
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Regulations.
First Schedule.
than by a person employed as a caretaker thereof or his
family.
29. The Minister may make such regulations as may
be necessary or expedient generally for carrying out the
provisions of this Act and, without prejudice to the
generality of the foregoing may make regulations for—
(a) securing the full and effectual performance
of any function conferred upon the National
Trust by this Act;
(b) regulating the hours during which, the
means whereby, the purposes for which and
the conditions subject to which members of
the public may have access to any national
monument vested in the National Trust,
including authority to cause to be collected
charges for such access; and
(c) regulating inquiries under the First and
Second Schedules.
______________________
FIRST SCHEDULE
PROCEDURE FOR MAKING PRESERVATION ORDERS
1. Before making a preservation order in relation
to any monument, the Minister shall—
(a) cause a draft of the proposed order to be
published in the Gazette;
(b) send a copy of the draft to each local
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authority in whose area the monument is
situate;
(c) publish once in a newspaper circulating in
Guyana a notice stating that the order is
proposed to be made and the effect of the
order and specifying the time (not being less
than twenty-eight days from the first
publication of the notice in such a
newspaper) within which and the manner in
which objections to the proposed order can
be made;
(d) serve on the owner of the monument and (if
the owner is not the occupier) on the
occupier of the monument a copy of the
draft of the proposed order, together with a
notice stating the effect thereof and
specifying the time (not being less than
twenty-eight days from the service, of the
notice) within which and the manner in
which objections to the proposed order can
be made;
(e) cause a copy of the draft of the proposed
order to be fixed on some conspicuous part
of the monument.
2. (1) The Minister, after considering any
representations and objections duly made to the order by the
owner or occupier of the monument or by any other person
appearing to the Minister to have an interest in the
monument, may make the order either in terms of the draft or
with modifications thereof except that where an objection has
been duly made as aforesaid and has not been withdrawn, the
Minister, unless he considers the objection to be frivolous or
has modified the order as required by the objection, shall
before making the order, direct a public inquiry to be held as
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Second
Schedule.
hereinafter provided and consider the report of the person
who held the inquiry.
(2) An inquiry under this Schedule shall be held in
accordance with regulations made by the Minister for the
purpose, and such regulations may contain provisions as to
the costs of the inquiry.
3. (1) As soon as may be after the order has been
made, the Minister shall publish it in the Gazette and in a
newspaper circulating in Guyana together with a statement of
the effect thereof, and shall serve a copy of the order on every
person on whom a copy of the draft order was required to be
served under paragraph 1 and on any other person appearing
to the Minister to have an interest in the monument who duly
made an objection which has not been withdrawn, and the
order shall come into force on the day on which it is
published in the Gazette.
(2) The Minister shall also, as soon as may be after
the order has been published, cause a copy of the order to be
fixed on some conspicuous part of the monument.
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SECOND SCHEDULE
PROVISIONS AS TO CONFIRMATION VARIATION AND
REVOCATION OF PRESERVATION SCHEMES
1. Before confirming a preservation scheme
(hereinafter in this Schedule referred to as a “scheme”) the
National Trust shall cause to be published in the Gazette, and
in such other manner as they think best for informing persons
affected, notice of their intention to confirm the scheme, of the
place where copies of it may be inspected, and of the time
(which shall not be less than three months) within which and
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the manner in which representations with respect to the
scheme may be made, and shall cause such notice to be given
to every local authority in whose area any part of the
controlled area is comprised.
2. A person affected by the scheme may, within the
time appointed under paragraph 1 for making
representations, send to the National Trust written objection
to the scheme stating the specific grounds of objection and the
specific modifications required.
3. The National Trust, after considering any
representations and objections duly made with respect to a
scheme may, by order, confirm the scheme either with or
without modifications except that—
(a) where an objection has been duly made to
the scheme by any person affected thereby
and has not been withdrawn, the National
Trust, unless they consider the objection to
be frivolous or have modified the scheme as
required by the objection shall, before
confirming the scheme direct a public
inquiry to be held as hereinafter
provided and consider the report of the
persons who held the inquiry; and
(b) a scheme as so confirmed does not apply to
any area to which it would not have applied
if it had been confirmed without
modification.
4. An inquiry under this Schedule is held in
accordance with regulations made by the Minister for the
purpose, and the regulations may contain provisions as to the
costs of the inquiry.
5. A scheme when confirmed shall come into force on
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such day as may be specified in the order confirming it.
6. As soon as may be after the making of an order
under this Schedule, the order shall be published in the
Gazette and in such other manner as the National Trust think
best for informing persons affected, and a copy of the order
shall be sent to every local authority in whose area any part of
the controlled area is comprised.
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