Ancient Monuments and Archaeological Areas Act 1979

39 Power of investigating authority to investigate in advance of operations notice any site which may be acquired compulsorily. E+W+S

(1) If an authority possessing compulsory purchase powers notifies the investigating authority for any area of archaeological importance that it proposes to carry out, or to authorise someone else to carry out, on any site in the area, any operations of a description mentioned in section 35(2) of this Act (other than exempt operations), the investigating authority shall thereupon have a right to enter, at any reasonable time, the site and any land giving access to the site, for the purpose mentioned in section 38(1)(a) of this Act.

In this subsection “exempt operations” means operations excluded from the application of section 35 by an order under section 37 of this Act.

(2) The right of an investigating authority to enter any site by virtue of subsection (1) above shall cease at the end of the period of one month beginning with the day on which it is first exercised.

(3) Section 38(8) of this Act shall apply in relation to the power of entry under this section as it applies in relation to the powers of an investigating authority under that section.

(4) Section 38(9) of this Act shall not apply in relation to a direction under section 38(8) with respect to the exercise of the power of entry under this section, but on giving any such direction the Secretary of State shall serve a copy of the direction on each of the following persons, that is to say—

(a) the investigating authority;

(b) the authority possessing compulsory purchase powers; and

(c) the owner and (if the owner is not the occupier) the occupier of the site in question; [F1 and

(d) where the site in question is situated in England, the Commission (if the investigating authority is not the Commission);]

and on varying or revoking any such direction the Secretary of State shall notify the same persons (giving particulars of the effect of any variation).

(5) In this section “authority possessing compulsory purchase powers” means any person or body of persons who could be or have been authorised to acquire an interest in land compulsorily.

Textual Amendments

F1 S. 39(4)(d) inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 58

Modifications etc. (not altering text)

C1 S. 39(1) amended (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 4(11)

C2 S. 39(1) modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 9 para. 4(11)

C3 S. 39(1) modified (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 19 para. 1(11)

C4 S. 39(1) modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 19 para. 1(11)