Section 26 Power of entry on land believed to contain an ancient monument.E1C1C2C3C4
England and Wales
A person duly authorised in writing by the Secretary of State may at any reasonable time enter any land in, on or under which the Secretary of State 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.
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.
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Annotations
Textual amendments
- F1
S. 26(4) omitted (E.W.) (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 32 (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
Modifications
- C1
S. 26 restricted (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 4(3)
- C2
S. 26 restricted (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 9 para. 4(3)
- C3
S. 26 restricted (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 19 para. 1(3)
- C4
S. 26 restricted (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 19 para. 1(3)
Extent
- E1
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Notes on Part I
Modifications
- C1
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)