Section 4 Notice of proposed disposal of record or artefact.

England, Wales and Scotland

(1)

Where a body to which this Act applies proposes to dispose of a designated record or artefact to any person to any extent, it shall give notice to the F1Board of Trustees containing details of the proposed disposal.

(2)

If the Board of Trustees is content both with the person to whom the record or artefact is proposed to be disposed of and with the terms of the proposed disposal (including any terms relating to payment), it shall consent to the disposal.

(3)

If the Board of Trustees is content with that person but not with those terms, it shall give directions to the body with respect to the terms (including any terms relating to payment) on which the body may offer to dispose of the record or artefact to that person to the extent proposed.

(4)

If the Board of Trustees is not content with that person, it shall give directions to the body—

(a)

specifying the person or persons to whom the body may offer to dispose of the record or artefact to the extent proposed and, where there are two or more such persons, specifying the order in which the offers must be made; and

(b)

with respect to the terms (including any terms relating to payment) on which the body must make the offer or offers.

(5)

In subsections (2) to (4) above “terms relating to payment” includes terms as to the basis on which the amount or terms of payment are to be settled.

(6)

Nothing in this section shall apply to, and nothing in section 5 below shall preclude, any disposal of a designated record or artefact by a body to which this Act applies if—

(a)

at the time of the disposal, the body has not been notified of the designation;

(b)

the disposal is made in accordance with a transfer scheme under F2the Transport Act 2000 F3or the Railways Act 2005; or

(c)

the disposal is not so made but is a disposal to another body to which this Act applies;

but where such a body makes such a disposal as is mentioned in paragraph (c) above, it shall, within the period of two months beginning with the day of the disposal, give notice to the Board of Trustees of the disposal.

Annotations

Textual amendments

F1: Words in s. 4 substituted (1.4.2013) by The Public Bodies (Abolition of the Railway Heritage Committee) Order 2013 (S.I. 2013/64), arts. 1(2), 2(3)(c) (with art. 8)
F2: Words in s. 4(6)(b) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 53; S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II)
F3: Words in s. 4(6)(b) inserted (21.11.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 13(5); S.I. 2005/2812, art. 2(2), Sch. 2