Ancient Monuments and Archaeological Areas Act 1979

54 Treatment and preservation of finds. E+W

(1) Where a person enters any land in exercise of any power of entry under this Act for any of the following purposes, that is to say—

(a) to carry out any excavations in the land or any operations affecting any ancient monument situated in, on or under the land;

(b) to observe any operations on the land in exercise of the power under section 6(3)(a) or (4)(b) [F1 or 6A(2)(a)] or 38(1)(b) of this Act; or

(c) to carry out any archaeological examination of the land;

he may take temporary custody of any object of archaeological or historical interest discovered during the course of those excavations or operations or (as the case may be) during the course of that examination, and remove it from its site for the purpose of examining, testing, treating, recording or preserving it.

F2 (2) The Secretary of State or other authority by or on whose behalf the power of entry was exercised may not retain the object without the consent of the owner beyond such period as may be reasonably required for the purpose of examining and recording it and carrying out any test or treatment which appears to the Secretary of State or to that other authority to be desirable for the purpose of archaeological investigation or analysis or with a view to restoring or preserving the object.

(3) Nothing in this section shall affect any right of the Crown [F3 under the Treasure Act 1996].

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 65

F2 Words in s. 54(2) inserted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 49 (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F3 Words in s. 54(3) substituted (E.W.) (24.9.1997 with effect in relation to any treasure found after the commencement of 1996 c. 24, s. 4) by 1996 c. 24, s. 14(2)(4); S.I. 1997/1977, art.2

54 Treatment and preservation of finds. S

(1) Where a person enters any land in exercise of any power of entry under this Act for any of the following purposes, that is to say—

(a) to carry out any excavations in the land or any operations affecting any ancient monument situated in, on or under the land;

(b) to observe any operations on the land in exercise of the power under section 6(3)(a) or (4)(b) [F4 or 6A(2)(a)] or 38(1)(b) of this Act; or

(c) to carry out any archaeological examination of the land;

he may take temporary custody of any object of archaeological or historical interest discovered during the course of those excavations or operations or (as the case may be) during the course of that examination, and remove it from its site for the purpose of examining, testing, treating, recording or preserving it.

(2) The Secretary of State [F2 , Historic Environment Scotland] or other authority by or on whose behalf the power of entry was exercised may not retain the object without the consent of the owner beyond such period as may be reasonably required for the purpose of examining and recording it and carrying out any test or treatment which appears to the Secretary of State [F2 , Historic Environment Scotland] or to that other authority to be desirable for the purpose of archaeological investigation or analysis or with a view to restoring or preserving the object.

(3) Nothing in this section shall affect any right of the Crown in relation to treasure trove.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F2 Words in s. 54(2) inserted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 49 (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F4 Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 65