Byelaws for land holdings of the Manx National Trust

Summary

The requester asked for former and new Manx National Trust byelaws and a consultation report based on a 2021 development plan. The authority responded by providing the full text of the former byelaws approved in 1952 with a 1985 amendment, but did not include the new byelaws or the consultation report in the provided text.

Key Facts

• The former byelaws were approved by the Manx Museum and National Trust on 14th August 1952.
• An amendment to section 1A regarding metal detectors was added on 7th February 1985.
• The byelaws are made under Section 8 of the Manx Museum and National Trust Act 1951.
• The response includes detailed regulations prohibiting activities such as using metal detectors, removing vegetation, lighting fires, and disturbing wildlife.
• The requested new byelaws and consultation report were not included in the text of the response provided.

Data Disclosed

• 14th August 1952
• 7th February 1985
• Section 8
• Manx Museum and National Trust Act 1951
• 2021
• p.17
• p. 22
• 6 pages
• 2 documents

Original Request

Hello, Referencing your 2021 Forward Development Plan, which includes the stated aim of 'Byelaws and communications development' (p.17) and a 'current planned activity' for a 'Consultation on new draft Byelaws' (p. 22), please can you kindly provide a copy of: a) the former Byelaws for the landholdings of the Manx National Trust prior to this work. Please can you also inform me when these came into force. b) the new Byelaws for the landholdings of the Manx National Trust that resulted from this work. Please can you also inform me when these came into force. c) a copy of the consultation report in relation to this work. Thank you.

Data Tables (1)

Full Response Text

BYE-LAWS OF THE MANX MUSEUM AND NATIONAL TRUST

Approved by the Manx Museum and National Trust 14th August 1952 (including amendment – section 1A – 7th February 1985)

ooOoo

The Manx Museum and National Trust exercising powers vested in them under Section 8 of the Manx Museum and National Trust Act 1951 hereby make the following Bye-laws for the regulation and protection of the Trust property and for the prevention of nuisances upon The Trust property and for the preservation of order upon the Trust property.

(1) In the construction of these Bye-laws “The National Trust” means the Manx Museum and National Trust incorporated by The Manx Museum and National Trust Act 1951.

“The Trust Lands” means the lands and property other than buildings for the time being held by the National Trust for the benefit of the Nation,

“The Trust buildings” means any building upon the Trust lands which is for the time being held by the National Trust for the benefit of the Nation,

“Unauthorised person” means any person except –

(a) A person for the time being duly authorised by The National Trust in writing for any purpose in connection with the management, maintenance or regulation of the Trust lands or buildings;

(b) A person acting in the legal exercise of some right in, over or affecting the Trust lands or buildings; or

(c) A person duly authorised by a person entitled so to act as aforesaid.

(1A) (a) No unauthorised person shall use a metal detector on Trust lands.

(b) In this byelaw “metal detector” means any device designed or adapted for detecting or locating any metal or mineral in the ground.

(2) (a) No unauthorised person shall dig, cut or take turf, leaf mould, moss, seaweed, dead or fallen wood, soil, gravel, sand, clay, or any other substance from the Trust lands or from any water on those lands.

(b) No unauthorised person shall dig up or remove, cut, fell, pluck, or wilfully or negligently injure any grass, flowers, plants, fungi, ferns, heather, gorse, shrub, brushwood, timber or other tree growing on the Trust lands or in any water on those lands, or remove any seeds thereof.

(c) No unauthorised person shall knowingly permit any plant or other form of living vegetation to be brought on to and left upon the Trust lands or any water upon the Trust lands in such circumstances that the same would be likely to reproduce or propagate itself.

(3) No person shall light any fire, or place or throw or let fall any lighted match, or any substance or thing in, among or near to the fern, heather, furze, bushes or trees on the Trust lands which shall be likely to cause damage by fire to anything growing thereon.

(4) No unauthorised person shall on the Trust lands fire or discharge any firearm or throw or discharge any missile to the danger or annoyance of any person or animal thereon.

(5) No unauthorised person shall deposit on the Trust lands, or in any pond or stream thereon, any wood, stone, sand, materials for the repair of roads, or any dung, rubbish or other offensive matter, or leave or scatter upon the Trust lands any bottles, tins, cartons, egg-shells, orange or other fruit peel, waste-paper or other litter.

(6) No person shall injure, deface or remove any building, structure, erection, seat, fence, notice- board, turf, tree, or other thing which may on the Trust lands.

(7) No unauthorised person shall post, paint, display or distribute any bill, placard, advertisement or notice on the Trust lands.

(8) No person shall cause or suffer any dog or any other animal belonging to him or in his charge for the time being to enter or remain on any Trust lands unless such dog or animal be under proper control and be effectually restrained from injuring, annoying or disturbing any person, bird or animal.

(9) (a) No unauthorised person shall on any Trust lands or on or in any water on the Trust lands, catch, kill or take by any means whatsoever, or chase, hawk, course, drive or otherwise molest any animal, bird, fish, game, reptiles or amphibia, or collect any insects or any other living creature, or take or disturb birds’ nests or eggs, or attempt to do any of the acts aforesaid.

(b) No unauthorised person shall erect a hide for the purpose of bird or animal observation or for photography on the Trust lands or on or in water or on the Trust lands.

(c) No unauthorised person shall knowingly permit any bird, fish, insect, or other living creatures to be brought on to and left upon the Trust lands or any water upon the Trust lands in such circumstances that the same would be likely to reproduce and propagate itself.

(10) No person shall bathe in any lake, pond or stream on the Trust lands or use the Trust lands for bathing in any lake, pond or stream adjacent thereto where such bathing is for the time being prohibited by authorised notices exhibited on the Trust lands.

(11) No unauthorised person shall draw or propel across or over or place upon any part of the Trust lands or over in or through any water on the Trust lands (other than on tracks, parking places, waterways or mooring sites set out and authorised by The National Trust for public use or on public roads and waterways) any carriage, cart, caravan, machine, truck, motor car, bicycle, motor bicycle, sledge, boat, amphibious craft, tracked or other vehicle whatsoever, nor use any part of the Trust lands or water for the purpose of taking off or landing in a glider, aircraft, or parachute (except in case of emergency), nor shall any unauthorised person leave or permit to remain upon any such part of the Trust lands or of water thereon any horse or other animal, or any carriage, cart, caravan, machine, truck, motor car, bicycle, motor bicycle, sledge, boat, amphibious craft, tracked or other vehicle whatsoever, after having been requested by a duly authorised officer of The National Trust to remove it.

(12) (a) No unauthorised person shall ride upon horseback upon the turf or any track or way in any part of the Trust lands (other than public roads and places set apart by The National Trust for the breaking in of horses) where a notice is for the time being exhibited prohibiting the same.

(b) When a track or way is set out and authorised by The National Trust for use for specific purposes, stated in notices exhibited on the lands, no unauthorised person shall use such track or way save for the purposes of with a vehicle so authorised.

(13) No unauthorised person shall erect or permit to remain on the Trust lands any building, shed, tent, pole, post or other structure.

(14) No unauthorised person shall take any water from any pond or stream on the Trust lands for the supply of traction engines, water carts or other purposes.

(15) No unauthorised person shall place on the Trust lands any photographic or recording apparatus or any exhibition, swing, roundabout, organ or other like thing nor operate or cause to suffer to be operated any wireless loudspeaker, gramophone, amplifier or similar instrument on the Trust lands so as to disturb any person using the Trust lands

(16) No unauthorised person shall on any part of the Trust lands offer his services for reward, or sell, expose or offer sale any article.

(17) No unauthorised person shall play or take part in any game which may cause hurt or inconvenience to persons using the Trust lands and no unauthorised person shall interfere with any person who shall play or take part in any game upon the Trust lands.

(18) No unauthorised person shall hold any meeting or assembly on the Trust lands.

(19) No person shall break in any horse or train or race any dog or other animal on the Trust lands, except in such places if any as may from time to time be set apart by The National Trust by means of notices exhibited on the Trust lands.

(20) No unauthorised person shall turn out or permit to remain on the Trust lands any cattle, sheep or other animal.

(21) Any person authorised by The National Trust may remove from the Trust lands -

(a) Any vehicle, structure, photographic or recording apparatus, exhibition, swing, roundabout, organ, or other like thing, or any wireless loudspeaker, gramophone, amplifier, or similar instrument.

(b) Any cattle, sheep or other animal found by him on the Trust lands in contravention of these Bye-laws.

(c) Any cattle, sheep or other animal suffering from disease.

(d) After due warning any person who within his view commits an offence against these Bye- laws.

(22) No unauthorised person shall fly or permit to be flown any model aircraft or similar object on or over the Trust lands.

(23) No person shall on the Trust lands or in any Trust building use any indecent or obscene language to the annoyance of any person.

(24) No unauthorised person shall without the permission of The National Trust -

(a) Enter or remain in any building for the time being held by The National Trust for the benefit of the nation wearing boots or shoes which in the opinion of The National Trust may do damage to such building or any of the contents thereof.

(b) Smoke or carry a lighted pipe, cigar or cigarette in any such building.

(c) Take any photograph in any such building.

(d) Touch any furniture or other contents of any such building or (without prejudice to the generality of the foregoing) sit upon any chair or other article of furniture in any such building.

(25) Nothing in or done under any of the provisions of the foregoing Bye-laws shall in any respect prejudice or injuriously affect the rights of any person acting legally by virtue of some estate, right or interest in, over or affecting the Trust lands or buildings.

(26) Every person who shall offend against any of the foregoing Bye-laws, or who shall hinder or obstruct any officer of The National Trust in the exercise of his powers and duties under the said Acts or their Bye-laws shall be liable for every such offence on summary conviction to a penalty of not exceeding Five Pounds, and in the case of a continuing offence to a further penalty of not exceeding Five Pounds for each day after written notice of the offence from The National Trust.

Made and ordered to be sealed the 14th August 1952.

Our ref: 4024905 5 August 2024

Dear ###

We write further to your request, received 30 July 2024, which states:

"Hello,

Referencing your 2021 Forward Development Plan, which includes the stated aim of 'Byelaws and communications development' (p.17) and a 'current planned activity' for a 'Consultation on new draft Byelaws' (p. 22), please can you kindly provide a copy of:

a) the former Byelaws for the landholdings of the Manx National Trust prior to this work. Please can you also inform me when these came into force.

b) the new Byelaws for the landholdings of the Manx National Trust that resulted from this work. Please can you also inform me when these came into force.

c) a copy of the consultation report in relation to this work.

Thank you."

Our response to your request is as follows:

I have enclosed a copy of the following information that is being released to you:

• Current Bye-Laws of the Manx Museum and National Trust (approved in 1952 and amended in 1985)

I can further advise that the Manx Museum and National Trust (trading as Manx National Heritage) is currently still working with the legislative drafters to progress revised, updated bye-laws and a public consultation is being planned. A precise date for consultation is yet to be determined, but it will be advertised and carried out via the Government online consultation hub: https://consult.gov.im/

Please quote the reference number 4024905 in any future communications.

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I will now close your request as of this date.