OpenLegislation

Section 6 Powers of entry for inspection of scheduled monuments, etc.E1C1

England and Wales

C2C3C4C5(1)

Any person duly authorised in writing by the Secretary of State 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 and—

(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 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 to modify or revoke a scheduled monument consent for any such works.

(3)

Any person duly authorised in writing by the Secretary of State 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.

(4)

Any person duly authorised in writing by the Secretary of State 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.

F1(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

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

Annotations

Textual amendments

F1

S. 6(5) omitted (E.W.) (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 24 (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

Modifications

C1

S. 6 applied (with modifications) (1.1.2022) by The Scheduled Monuments (Heritage Partnership Agreements) (Wales) Regulations 2021 (S.I. 2021/1176), reg. 1, Sch. 1

C2

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

C3

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

C4

S. 6(1) restricted (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 19 para. 1(3)

C5

S. 6(1) 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)