ihta84/s31.- Designation and undertakings.

[1976 s.77.]

31.-(1) The Treasury ¹ may designate under this section-

(a) any pictures, prints, books, manuscripts, works of art, scientific collections or other things not yielding income which appear to the Treasury¹ to be of national, scientific, historic or artistic interest;
(b) any land which in the opinion of the Treasury¹ is of outstanding scenic or historic or scientific interest;
(c) any building for the preservation of which special steps should in the opinion of the Treasury¹ be taken reason of its outstanding historic or architectural interest;
(d) [any area of land which in the opinion of the Treasury¹ is essential for the protection of the character and amenities of such a building as is mentioned in paragraph (c) above²;]
(e) any object which in the opinion of the Treasury(a) is historically associated with such a building as is mentioned in paragraph (c) above.

[1A Where the transfer of value in relation to which the claim for designation is made is a potentially exempt transfer which (apart from section 30 above) has proved to be a chargeable transfer, the question whether any property is appropriate for designation under this section shall be determined by reference to circumstances existing after the death of the transferor³.]

(2) In the case of property within subsection (1)(a) above, the requisite undertaking is that, until the person beneficially entitled to the property dies or the property is disposed of, whether by sale or gift or otherwise-

(a) the property will be kept permanently in the United Kingdom and will not leave it temporarily except for a purpose and a period approved by the Treasury¹, and

(b) [such steps as are agreed between the Treasury¹ and the person giving the undertaking, and are set out in it⁴,] will be taken for the preservation of the property and for securing reasonable access to the public.

(3) If it appears to the Treasury¹, on a claim made for the purpose, that any documents which are designated or to be designated under subsection (1)(a) above contain information which for personal or other reasons ought to be treated as confidential, they may exclude those documents, either altogether or to such extent as they think fit, from so much of an undertaking given or to be given under subsection (2)(b) above as relates to public access.

(4) In the case of other property within subsection (1) above, the requisite undertaking is that, until the person beneficially entitled to the property dies or the property is disposed of, whether by sale or gift or otherwise, [such steps as are agreed between the Treasury¹ and the person giving the undertaking, and are set out in it⁵,] will be taken-

(a) in the case of land falling within subsection (1)(b) above, for the maintenance of the land and the preservation of its character, and
(b) in the case of any other property, for the maintenance, repair and preservation of the property, and, if it is an object falling within subsection (1)(e) above, for keeping it associated with the building concerned;

and for securing reasonable access to the public.

[(4A) In the case of an area of land within subsection (1)(d) above (relevant land) there is an additional requisite undertaking, which is that, until the person beneficially entitled to property falling within subsection (4C) below dies, or it is disposed of, whether by sale or gift, or otherwise, specified steps will be taken for its maintenance, repair and preservation and for securing reasonable access to the public; and "specified steps" means such steps as are agreed between the Treasury¹ and the person giving the undertaking, and are set out in it.

(4B) Where different persons are entitled (either beneficially or otherwise) to different properties falling within subsection (4C) below, subsection (4A) above shall have effect to require separate undertakings as to the maintenance, repair, preservation and access of each of the properties to be given by such persons as the Treasury¹ think appropriate in the circumstances of the case.

(4C) The following property falls within this subsection-

(a) the building for the protection of whose character and amenities the relevant land is in the opinion of the Treasury¹ essential;
(b) any other areas (or areas) of land which, in relation to the building, falls (or fall) within subsection (1)(d) above and which either lies (or lie) between the relevant land and the building or is (or are) in the opinion of the Treasury¹, physically closely connected with the relevant land or the building.

(4D) Where subsection (4A) above requires an undertaking for the maintenance, repair, preservation and access of property, such an undertaking is required notwithstanding that some other undertaking for its maintenance, repair, preservation and access is effective.

(4E) Any undertaking given in pursuance of subsection (4A) above is for the purpose of this Act given with respect to the relevant land.

(4F) It is for the person seeking the designation of relevant land to secure that any undertaking required under subsection (4A) above is given⁶.]

[(4G) In a case where-

(a) the transfer of value in question is a potentially exempt transfer which (apart from section 30 above) has proved to be a chargeable transfer, and
(b) at the time of the transferor's death an undertaking by such a person as is mentioned in section 30(1)(b) above given under paragraph 3(3) of Schedule 4 to this Act or under section [258 of the 1992 Act⁷] is in force with respect to any property to which the value transferred by the transfer is attributable,

that undertaking shall be treated for the purposes of this Chapter as an undertaking given under section 30 above⁸.]

(5) In this section "national interest" includes interest within any part of the United Kingdom.

1 By 1985 s.95, the functions of the Treasury were transferred to the Commissioners of Inland Revenue ("the Board").

2 1985 Sch.26, para.2(2), in relation to events occurring after 18 March 1985. Originally "any land which adjoins such a building as is mentioned in paragraph (c) above and which in the opinion of the Treasury is essential for the protection of the character and amenities of the building."

3 1986 Sch.19, para.8(1), in relation to transfers of value made on or after 18 March 1986.

4 1985 Sch.26, para.2(3), in relation to events occurring after 18 March 1985. Originally "reasonable steps".

5 1985 Sch.26, para.2(3), in relation to events occurring after 18 March. Originally "reasonable steps".

6 1985 Sch.26, para.2(4), in relation to events occurring after 18 March 1985.

7 Substituted by TCGA Sch.10, para.8. Originally "147 of the Capitals Gains Tax Act 1979".

8 1986 Sch.19, para.8(2), in relation to transfers of value made on or after 18 March 1986.