F1Subject to subsection (3A) below The Secretary of State may defray or contribute towards the cost of the acquisition by any person of any ancient monument.

F1Subject to subsection (3A) below The Secretary of State may contribute towards the cost of the provision of facilities or services for the public by a local authority under section 20 of this Act.

As respects a monument situated in England, subsections (1) to (3) above shall apply as if “Commission” were substituted for “Secretary of State”.

The reference in subsection (3A) above to a monument situated in England includes any monument situated in, on or under the seabed within the seaward limits of the United Kingdom territorial waters adjacent to England; and an order under section 33(10) of the National Heritage Act 1983 (orders determining limits of waters adjacent to England) applies for the purposes of this subsection as it applies for the purposes of section 33(9) of that Act.

References to an ancient monument in subsections (1) and (2) above, as amended by subsection (3A) above, shall be construed as if the reference in section 61(12)( b ) of this Act to the Secretary of State were to the Commission.

No expenses shall be incurred by the Secretary of State F4or the Commission or any local authority under this section in connection with any monument which is occupied as a dwelling house by any person other than a person employed as the caretaker thereof or his family.

F5Subject to subsection (3A) belowF30The Secretary of StateF30Historic Environment Scotland may give advice with reference to the treatment of any ancient monument.

F5Subject to subsection (3A) belowF31The Secretary of StateF31Historic Environment Scotland may also, if in F32hisF32its opinion it is advisable, superintend any work in connection with any ancient monument if invited to do so by the owner, and shall superintend any such work, whether required to do so by the owner or not, in connection with any scheduled monument, if in F32hisF32its opinion it is advisable.

F5Subject to subsection (3A) belowF33The Secretary of StateF33Historic Environment Scotland may make a charge for giving advice and superintendence under this section or may give it free of charge, as F34heF34it thinks fit.

As respects a monument situated in England, subsections (1) to (3) above shall apply as if “Commission” were substituted for “Secretary of State”, “their” for “his” (in each place) and “they think” for “he thinks”.

References to an ancient monument in subsections (1) and (2) above, as amended by subsection (3A) above, shall be construed as if the reference in section 61(12)( b ) of this Act to the Secretary of State were to the Commission.

A person duly authorised in writing by F35the Secretary of StateF35Historic Environment Scotland may at any reasonable time enter any land in, on or under which F35the Secretary of StateF35Historic Environment Scotland knows or has reason to believe there is an ancient monument for the purpose of inspecting the land (including any building or other structure on the land) with a view to recording any matters of archaeological or historical interest.

Subject to subsection (3) below, a person entering any land in exercise of the power conferred by subsection (1) above may carry out excavations in the land for the purpose of archaeological investigation.

F21Subject to subsection (4) below, no excavation shall be made in exercise of the power conferred by subsection (2) above except with the consent of every person whose consent to the making of the excavation would be required apart from this section.

But subsection (3) does not apply in relation to excavations in the land by a person authorised by the Welsh Ministers under subsection (1) if the Welsh Ministers know or have reason to believe that an ancient monument they know or believe to be in, on or under the land is or may be at risk of imminent damage or destruction.

For the purpose of assessing any compensation to which this section applies, the rules set out in section 5 of the M1Land Compensation Act 1961 or, in relation to land in Scotland, the rules set out in section 12 of the M2Land Compensation (Scotland) Act 1963 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

This section applies to any compensation payable under F43section 7 or 9F43section 1AD, 7, 9F40or 9ZL of this Act in respect of any loss or damage consisting of depreciation of the value of an interest in land.

This section applies to anything done by or under the authority of the owner of the monument, other than an act for the execution of excepted works, as it applies to anything done by any other person.

In this subsection “excepted works” means works for which scheduled monument consent has been given under this Act (including any consent granted by order under section 3) F17or for which development consent has been granted.

In this section “protected monument” means any scheduled monument and any monument under the ownership or guardianship of the Secretary of State F7or the Commission or a local authority by virtue of this Act.

In determining the amount of any fine to be imposed on a person under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.

Subject to the following provisions of this section, the Secretary of State F10or the Commission or any local authority may dispose of any land acquired by them under section 10, 11 or 21 of this Act.

The Secretary of State shall consult with the Commission before disposing of any land situated in England under this section.

The Commission shall consult with the Secretary of State before disposing of any land under this section.

A local authority shall consult with the Secretary of State before disposing of any land under this section.

Subject to subsection (4) below, where the land in question is or includes a monument, the Secretary of State or F12the Commission or the local authority (as the case may be) may only dispose of it on such terms as will in their opinion ensure the preservation of the monument.

Subsection (3) above does not apply in any case where the Secretary of State or F12the Commission or the local authority (as the case may be) are satisfied that it is no longer practicable to preserve the monument (whether because of the cost of preserving it or otherwise).

In this Part of this Act “maintenance” and “maintain” have the meanings given by section 13(7) of this Act, and expressions to which a meaning is given for the purposes of F13the Town and Country Planning Act 1990 or the Planning (Listed Buildings and Conservation Areas) Act 1990 or (as regards Scotland) for the purposes of F14the Town and Country Planning (Scotland) Act 1997 or the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 have the same meaning as in F13the said Acts of 1990 or (as the case may require) as in F14the said Acts of 1997.

References in this Part of this Act to a monument, in relation to the acquisition or transfer of any monument (whether under a power conferred by this Part of this Act or otherwise), include references to any interest in or right over the monument.

For the purposes of this Part of this Act the Secretary of State F15or the Commission or a local authority are the owners of a monument by virtue of this Act if the Secretary of State or F16the Commission or the local authority (as the case be) have acquired it under section 10, 11 or 21 of this Act.