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Part IE+W+S Ancient Monuments

Modifications etc. (not altering text)

C1Pt. 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)

Protection of scheduled monumentsE+W+S

6 Powers of entry for inspection of scheduled monuments, etc.E+W+S

(1)Any person duly authorised in writing by [F1the Secretary of State] [F1Historic Environment Scotland] may at any reasonable time enter any land for the purpose of inspecting any scheduled monument in, on or under the land with a view to ascertaining its condition [F2and[F2; and such power may, in particular, be exercised with a view to ascertaining—]]—

(a)whether any works affecting the monument are being carried out in contravention of section 2(1) of this Act; or

(b)whether it has been or is likely to be damaged (by any such works or otherwise).

(2)Any person duly authorised in writing by the Secretary of State [F3or Historic Environment Scotland] may at any reasonable time enter any land for the purpose of inspecting any scheduled monument in, on or under the land in connection with—

(a)any application for scheduled monument consent for works affecting that monument; or

(b)any proposal by the Secretary of State [F3or Historic Environment Scotland] to modify or revoke a scheduled monument consent for any such works.

(3)Any person duly authorised in writing by the Secretary of State [F4or Historic Environment Scotland] may at any reasonable time enter any land for the purpose of—

(a)observing the execution on the land of any works to which a scheduled monument consent relates; and

(b)inspecting the condition of the land and the scheduled monument in question after the completion of any such works;

so as to ensure that the works in question are or have been executed in accordance with the terms of the consent and of any conditions attached to the consent.

[F5(3A)Any person duly authorised in writing by the Scottish Ministers [F6or Historic Environment Scotland] may at any reasonable time enter any land—

(a)to ascertain whether a scheduled monument enforcement notice, a stop notice or a temporary stop notice should be served in relation to a scheduled monument in, on or under that or any other land,

(b)for the purposes of displaying—

(i)a site notice,

(ii)a notice under section 9G(7) in place of a site notice, or

(iii)a copy of a temporary stop notice, and a statement as to the effect of section 9M, under section 9K(4),

(c)to ascertain whether a scheduled monument enforcement notice, a stop notice or a temporary stop notice has been complied with,

(d)to ascertain whether any offence has been, or is being, committed with respect to any scheduled monument in, on or under that or any other land under section 2(1) or (6), 9E, 9J or 9M.]

(4)Any person duly authorised in writing by the Secretary of State [F7or Historic Environment Scotland] may at any reasonable time enter any land on which any works to which a scheduled monument consent relates are being carried out for the purpose of—

(a)inspecting the land (including any buildings or other structures on the land) with a view to recording any matters of archaeological or historical interest; and

(b)observing the execution of those works with a view to examining and recording any objects or other material of archaeological or historical interest, and recording any matters of archaeological or historical interest, discovered during the course of those works.

(5)Any person duly authorised in writing by the Secretary of State [F8or Historic Environment Scotland] may enter any land in, on or under which a scheduled monument is situated, with the consent of the owner and (if the owner is not the occupier) of the occupier of the land, for the purpose of erecting and maintaining on or near the site of the monument such notice boards and marker posts as appear to the Secretary of State [F8or Historic Environment Scotland] to be desirable with a view to preserving the monument from accidental or deliberate damage.

[F9This subsection does not apply to land in England.]

(6)References in this section to scheduled monument consent include references to consent granted by order under section 3 of this Act.

Textual Amendments

F1Words in s. 6(1) substituted (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. 10(a) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F3Words in s. 6(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. 10(b) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F4Words in s. 6(3) 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. 10(c) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F5Words in s. 6(3A) inserted (S.) (30.6.2011 for specified purposes) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 6(2), 33(2); S.S.I. 2011/174, art. 2, Sch.

F6Words in s. 6(3A) 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. 10(d) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F7Words in s. 6(4) 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. 10(e) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F8Words in s. 6(5) 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. 10(f) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

Modifications etc. (not altering text)

C3S. 6(1) restricted (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 4(3)

C4S. 6(1) restricted (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 9 para. 4(3)