Ancient Monuments and Archaeological Areas Act 1979

[F1 9ZF Scheduled monument enforcement notice: power of entry E+W

(1) A person duly authorised in writing by the Welsh Ministers may at any reasonable time enter any land for any of the following purposes?—

(a) ascertaining whether a scheduled monument enforcement notice should be served;

(b) securing that a scheduled monument enforcement notice is affixed for the purposes of service in accordance with section 56(2)(b);

(c) ascertaining whether a scheduled monument enforcement notice has been complied with.

(2) If steps specified in a scheduled monument enforcement notice for the purposes of section 9ZC(3)(d) have not been taken within the period so specified, a person duly authorised by the Welsh Ministers may—

(a) at any reasonable time enter the land in, on or under which the monument is situated and take the steps concerned; and

(b) recover from the person who is then the owner or lessee of the monument or land expenses incurred by them in doing so.

(3) The liability under subsection (2)(b) of a person who is the owner of a monument or land merely by virtue of being entitled to receive the rack rent as trustee for another person is limited to the total amount of money the person has or has had by virtue of that entitlement.

(4) Where, on a claim by the owner of a scheduled monument or land, it appears to a magistrates' court that the occupier of the monument or land is preventing the owner from carrying out the work required by a scheduled monument enforcement notice, the court may by warrant authorise the owner to enter the land and carry out the work.]

Textual Amendments

F1 Ss. 9ZC-9ZH and cross-heading inserted (E.W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 12(1), 41(2)