C2 Part I Ancient Monuments

Annotations:
Modifications etc. (not altering text)
C2

Pt. I (ss. 1-32) extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para.10(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Miscellaneous and supplemental

C1C3C4C526 Power of entry on land believed to contain an ancient monument.

1

A person duly authorised in writing by F3the Secretary of StateF3Historic Environment Scotland may at any reasonable time enter any land in, on or under which F3the Secretary of StateF3Historic 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.

2

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.

3

F2Subject 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.

F14

Subsection (3) does not apply where—

a

land is, or is to be, excavated in exercise of the power conferred by subsection (2); and

b

F4the Scottish Ministers know or haveF4Historic Environment Scotland knows or has reason to believe that any ancient monument F5they know or believeF5it knows or believes to be in, on or under that land is or may be at risk of imminent damage or destruction.

F64

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.