Ancient Monuments and Archaeological Areas Act 1979

• (3) Where an interest in land is subject to a mortgage—

• (a) any compensation to which this section applies, which is payable in respect of depreciation of the value of that interest, shall be assessed as if the interest were not subject to the mortgage;

• (b) a claim for any such compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;

• (c) no compensation to which this section applies shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and

• (d) any compensation to which this section applies which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee, or, if there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.

Offence of damaging certain ancient monuments

28

• (1) A person who without lawful excuse destroys or damages any protected monument ...—

• (a) knowing that it is a protected monument; and

• (b) intending to destroy or damage the monument or being reckless as to whether the monument would be destroyed or damaged;

shall be guilty of an offence.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) This section applies to anything done by or under the authority of the owner of the monument, other than an act for the execution of excepted works, as it applies to anything done by any other person.

In this subsection “excepted works” means works for which scheduled monument consent has been given under this Act (including any consent granted by order under section 3) or for which development consent has been granted.

• (3) In this section “protected monument” means any scheduled monument and any monument under the ownership or guardianship of the Secretary of State or the Commission or a local authority by virtue of this Act.

• (4) A person guilty of an offence under this section shall be liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or both; or

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.

Compensation orders for damage to monuments under guardianship in England and Wales

29

Where the owner or any other person is convicted of an offence involving damage to a monument situated in England and Wales which was at the time of the offence under the guardianship of the Secretary of State or the Commission or any local authority by virtue of this Act, any compensation order made under Chapter 2 of Part 7 of the Sentencing Code (compensation orders against convicted persons) in respect of that damage shall be made in favour of the Secretary of State or the Commission or the local authority in question (as the case may require).

Disposal of land acquired under Part I

30

• (1) Subject to the following provisions of this section, the Secretary of State or the Commission or any local authority may dispose of any land acquired by them under section 10, 11 or 21 of this Act.

• (1A) The Secretary of State shall consult with the Commission before disposing of any land situated in England under this section.

• (1B) The Commission shall consult with the Secretary of State before disposing of any land under this section.

• (2) A local authority shall consult with the Secretary of State before disposing of any land under this section.

• (3) Subject to subsection (4) below, where the land in question is or includes a monument, the Secretary of State or the Commission or the local authority (as the case may be) may only dispose of it on such terms as will in their opinion ensure the preservation of the monument.

• (4) Subsection (3) above does not apply in any case where the Secretary of State or the Commission or the local authority (as the case may be) are satisfied that it is no longer practicable to preserve the monument (whether because of the cost of preserving it or otherwise).

Voluntary contributions towards expenditure under Part I

31

The Secretary of State , Historic Environment Scotland or any local authority may receive voluntary contributions for or towards the cost of any expenditure incurred by them under this Part of this Act (whether in relation to any particular monument or land or otherwise).

Interpretation of Part I

32

• (1) In this Part of this Act “maintenance” and “maintain” have the meanings given by section 13(7) of this Act, and expressions to which a meaning is given for the purposes of the Town and Country Planning Act 1990 or the Planning (Listed Buildings and Conservation Areas) Act 1990 or (as regards Scotland) for the purposes of the Town and Country Planning (Scotland) Act 1997 or the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 have the same meaning as in the said Acts of 1990 or (as the case may require) as in the said Acts of 1997.

• (2) References in this Part of this Act to a monument, in relation to the acquisition or transfer of any monument (whether under a power conferred by this Part of this Act or otherwise), include references to any interest in or right over the monument.

• (3) For the purposes of this Part of this Act the Secretary of State or the Commission or a local authority are the owners of a monument by virtue of this Act if the Secretary of State or the Commission or the local authority (as the case be) have acquired it under section 10, 11 or 21 of this Act.

Part II — Archaeological Areas

Designation of areas of archaeological importance

33

• (1) The Secretary of State may from time to time by order designate as an area of archaeological importance any area which appears to him to merit treatment as such for the purposes of this Act ; but, where the area in question is situated in England, he shall consult with the Commission before doing so.

• (1A) An order under subsection (1) may not designate an area in Wales.

• (2) A local authority may from time to time by order designate as an area of archaeological importance any area within the area of that local authority which appears to them to merit treatment as such for the purposes of this Act ; but, where the area in question is situated in England, the authority shall first notify the Commission of their intention to do so.

• (2A) The Commission may from time to time by order designate as an area of archaeological importance any area in Greater London which appears to them to merit treatment as such for the purposes of this Act.

• (3) An order under this section designating an area as an area of archaeological importance (whether made by the Secretary of State or by a local authority or by the Commission) is referred to below in this Act as a designation order.

• (4) The Secretary of State may at any time by order vary or revoke a designation order, but his power to vary such an order is confined to reducing the area designated by the order.

• (5) A designation order relating to an area in England ... shall be a local land charge.

• (6) Schedule 2 to this Act shall have effect with respect to the making, and with respect to the variation and revocation, of designation orders.

Investigating authorities for areas of archaeological importance

34

• (1) The Secretary of State may at any time appoint any person whom he considers to be competent to undertake archaeological investigations to exercise in relation to any area of archaeological importance the functions conferred by the following provisions of this Part of this Act on the investigating authority for an area of archaeological importance, and any such appointment shall be on such terms and for such period as the Secretary of State thinks fit.

• (2) A person’s appointment as investigating authority may be cancelled at any time by the Secretary of State ; but, where the appointment was made in relation to an area situated in England, he shall consult with the Commission before cancelling the appointment.

• (3) On appointing or cancelling the appointment of any person as investigating authority for an area of archaeological importance, the Secretary of Sate shall notify each local authority in whose area the area of archaeological importance in question is wholly or partly situated ; and, if the area is wholly or partly situated in Greater London, he shall also notify the Commission.

• (4) Where there is for the time being no person holding appointment under this section as the investigating authority for an area of archaeological importance, the functions of the investigating authority for that area under this Part of this Act shall be exercisable by the Commission (in the case of an area situated in England) or the Secretary of State (in any other case).

• (5) A person duly authorised in writing by any person by whom the functions of an investigating authority under this Part of this Act are for the time being exercisable may act on his behalf in the exercise of those functions.

Notice required of operations in areas of archaeological importance

35

• (1) Subject to section 37 of this Act, if any person carries out, or causes or permits to be carried out, on land in an area of archaeological importance any operations to which this section applies—

• (a) without having first served a notice relating to those operations which complies with subsections (4) and (5) below; or

• (b) within six weeks of serving such a notice;

he shall be guilty of an offence.

• (2) Subject to section 37 of this Act, this section applies to any of the following operations, that is to say—

• (a) operations which disturb the ground;

• (b) flooding operations; and

• (c) tipping operations.

• (3) In this Part of this Act the person carrying out or proposing to carry out any operations is referred to, in relation to those operations, as “the developer”, and a notice complying with subsections (4) and (5) below is referred to as an “operations notice”.

• (4) A notice required for the purposes of this section—

• (a) shall specify the operations to which it relates, the site on which they are to be carried out, the date on which it is proposed to begin them and, where the operations are to be carried out after clearance of the site, the developer’s estimated date for completion of the clearance operations;

• (b) shall be accompanied by a certificate in the prescribed form which satisfies the requirements of section 36 of this Act; and

• (c) shall be in the prescribed form.

• (5) A notice required for the purposes of this section shall be served by the developer—

• (a) in the case of land in England ... , on the district council or London borough council or (as the case may be) on each district council or London borough council in whose area the site of the operations is wholly or partly situated;

• (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in the case of land in Scotland, on the local authority or (as the case may be) on each local authority in whose area the site of the operations is wholly or partly situated; or

• (c) in a case where the developer is any such council or local authority, on the Secretary of State.

• (6) Regulations made by the Secretary of State may prescribe the steps to be taken by any council or local authority on whom an operations notice is served in accordance with subsection (5) above.

• (7) Where an operations notice is served with respect to operations which are to be carried out after clearance of any site, the developer shall notify the investigating authority for the area of archaeological importance in question of the clearance of the site immediately on completion of the clearance operations.

• (8) If in a case falling within subsection (7) above the developer carries out, or causes or permits to be carried out, any of the operations to which the operations notice relates without having first notified the investigating authority of the clearance of the site in accordance with that subsection, this section shall have effect in relation to those operations as if the operations notice had not been served.

• (9) A person guilty of an offence under this section shall be liable—

• (a) on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding the statutory maximum; or

• (b) on conviction on indictment to a fine.

• (10) Without prejudice to section 222 of the Local Government Act 1972, any such council as is mentioned in subsection (5)(a) above may institute proceedings for an offence under this section in respect of operations on any site situated partly in their area notwithstanding that the operations are confined to a part of the site outside their area; and if it appears to any such council or, in Scotland, to any local authority—

• (a) that any operations are being, or are about to be, carried out in contravention of this section on any site situated wholly or partly in their area; and

• (b) that the site contains or is likely to contain anything of archaeological or historical interest which will be disturbed, damaged, destroyed or removed without proper archaeological investigation if operations are carried out on the site without regard for the provisions of this Part of this Act;

that council or local authority may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction for the purpose of securing an injunction or interdict prohibiting those operations from being carried out in contravention of this section.

• (11) This section shall have effect, in relation to any land within the Broads (as defined by the Norfolk and Suffolk Broads Act 1988), as if the Broads Authority were the district council (to the exclusion of the authority which is otherwise the district council for the area in question) and the Broads were its local authority area.

Certificate to accompany operations notice under section 35

36

• (1) A person is qualified to issue a certificate for the purposes of section 35(4)(b) of this Act if he either—

• (a) has an interest in the site of the operations which (apart from any restrictions imposed by law) entitles him to carry out the operations in question; or

• (b) has a right to enter on and take possession of that site under section 11(1) ... of the Compulsory Purchase Act 1965 (powers of entry on land subject to compulsory purchase) or, in the case of a site in Scotland, under paragraph 3(1) of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.

• (2) Statutory undertakers are qualified to issue a certificate for the purposes of section 35(4)(b) of this Act if they are entitled by or under any enactment to carry out the operations in question.

• (3) Any such certificate—

• (a) shall be signed by or on behalf of a person or persons qualified in accordance with subsection (1) or (2) above to issue it;

• (b) shall state that the person issuing the certificate has an interest within paragraph (a) or (as the case may be) a right within paragraph (b) of subsection (1) above or, in the case of a certificate issued by statutory undertakers, shall state that it is so issued and specify the enactment by or under which they are entitled to carry out the operations in question; and

• (c) if the person issuing the certificate is not the developer, shall state that he has authorised the developer to carry out the operations.

• (4) If any person issues a certificate which purports to comply with the requirements of this section and which contains a statement which he knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding level 3 on the standard scale.

Exemptions from offence under section 35

37

• (1) Section 35 of this Act does not apply to any operations carried out with the consent of the investigating authority for the area of archaeological importance in question.

• (1A) Section 35 does not apply to the carrying out of any operations for which development consent has been granted.

• (2) The Secretary of State may by order direct that section 35 shall not apply to the carrying out, or to the carrying out by any class or description of persons specified in the order, of operations of any class or description so specified; and an exemption conferred by an order under this subsection may be either unconditional or subject to any conditions specified in the order.

• (3) The Secretary of State may direct that any exemption conferred by an order under subsection (2) above shall not apply to the carrying out on any land specified in the direction, or to the carrying out on any land so specified by any class or description of persons so specified, of operations of any class or description so specified, and may withdraw any direction given under this subsection.

• (4) A direction under subsection (3) above shall not take effect until notice of it has been served on the occupier or (if there is no occupier) on the owner of the land in question.

• (5) In any proceedings for an offence under section 35 consisting in carrying out, or causing or permitting to be carried out, any operations which disturb the ground, it shall be a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid or prevent disturbance of the ground.

• (6) In any proceedings for an offence under section 35 it shall be a defence for the accused to prove either—

• (a) that he did not know and had no reason to believe that the site of the operations was within an area of archaeological importance;

• (b) that the operations were urgently necessary in the interests of safety or health and that notice in writing of the need for the operations was given to the Secretary of State as soon as reasonably practicable.

Powers of investigating authority to enter and excavate site of operations covered by an operations notice

38

• (1) Where an operations notice is served with respect to any operations, the investigating authority for the area of archaeological importance in which the site of the operations is situated shall thereupon have a right to enter, at any reasonable time, the site and any land giving access to the site, for either or both of the following purposes, that is to say—

• (a) for the purpose of inspecting the site (including any buildings or other structures on the site) with a view to recording any matters of archaeological or historical interest and determining whether it would be desirable to carry out any excavations in the site; and

• (b) for the purpose of observing any operations carried out on the site 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 operations.

• (2) Where—

• (a) an operations notice is served with respect to any operations; and

• (b) the investigating authority for the area of archaeological importance in which the site of the operations is situated serves notice in accordance with subsection (3) below of its intention to excavate the site;

the investigating authority shall have a right to carry out excavations in the site for the purpose of archaeological investigation at any time during the period allowed for excavation in accordance with subsection (4) below.

• (3) The investigating authority shall only have a right to excavate the site of any operations in accordance with subsection (2) above if before the end of the period of four weeks beginning with the date of service of the operations notice the authority—

• (a) serves notice in the prescribed form of its intention to excavate on the developer; and

• (b) serves a copy of that notice on any council (in England ...) or local authority (in Scotland) served with the operations notice and also (unless the functions of the investigating authority are for the time being exercisable by the Secretary of State) on the Secretary of State; and

• (c) where the site in question is situated in England, serves a copy of that notice on the Commission (unless the investigating authority is for the time being the Commission).

• (4) The period allowed for excavation under subsection (2) above is the period of four months and two weeks beginning—

• (a) with the date immediately following the end of the period of six weeks beginning with the date of service of the operations notice; or

• (b) where the operations specified in the operations notice are to be carried out after clearance of the site, with the date of receipt of the notification of clearance of the site required under section 35(7) of this Act or with the date first mentioned in paragraph (a) above (whichever last occurs); or

• (c) with any earlier date agreed between the investigating authority and the developer.

• (5) Where—

• (a) the investigating authority has served notice of its intention to excavate the site in accordance with subsection (3) above; and

• (b) the period of six weeks beginning with the date of service of the operations notice has expired;

the investigating authority shall have a right to carry out excavations in the site for the purpose of archaeological investigation notwithstanding that the period allowed for excavation in accordance with subsection (4) above has not yet begun, but only if the authority does not thereby obstruct the execution on the site by the developer of clearance operations or any other operations to which section 35 of this Act does not apply.

• (6) The investigating authority may at any reasonable time enter the site and any land giving access to the site for the purpose of exercising a right to excavate the site in accordance with subsection (2) or (5) above.

• (7) If operations to which the operations notice relates are carried out on the site at a time when the investigating authority has a right to excavate the site in accordance with subsection (2) or (5) above section 35 of this Act shall have effect in relation to those operations as if the operations notice had not been served (subject, however, to any exemption or defence conferred by or under section 37 of this Act).

• (8) The Secretary of State may at any time direct—

• (a) that an investigating authority shall comply with any conditions specified in the direction in exercising any of its powers under the preceding provisions of this section in relation to any site; or

• (b) that any such power shall cease to be exercisable by an investigating authority in relation to the whole or any part of any site;

and may vary or revoke any direction given under paragraph (a) above.

• (9) On giving a direction under subsection (8) above the Secretary of State shall serve a copy of the direction on each of the following persons, that is to say—

• (a) the investigating authority;

• (b) any council (in England ...) or local authority (in Scotland) served with the operations notice in question;

• (c) the developer; and

• (d) any person other than the developer by whom the certificate accompanying the operations notice in accordance with section 35(4)(b) of this Act was issued;

and on varying or revoking any such direction the Secretary of State shall notify the same persons (giving particulars of the effect of any variation).

• (10) On giving a direction under subsection (8) above in relation to a site situated in England the Secretary of State shall send a copy of the direction to the Commission (if the investigating authority is not the Commission).

• (11) On varying or revoking a direction given under subsection (8) above in relation to a site situated in England the Secretary of State shall notify the Commission (giving particulars of the effect of any variation) if the investigating authority is not the Commission.

Power of investigating authority to investigate in advance of operations notice any site which may be acquired compulsorily

39

• (1) If an authority possessing compulsory purchase powers notifies the investigating authority for any area of archaeological importance that it proposes to carry out, or to authorise someone else to carry out, on any site in the area, any operations of a description mentioned in section 35(2) of this Act (other than exempt operations), the investigating authority shall thereupon have a right to enter, at any reasonable time, the site and any land giving access to the site, for the purpose mentioned in section 38(1)(a) of this Act.

In this subsection “exempt operations” means operations excluded from the application of section 35 by an order under section 37 of this Act.

• (2) The right of an investigating authority to enter any site by virtue of subsection (1) above shall cease at the end of the period of one month beginning with the day on which it is first exercised.

• (3) Section 38(8) of this Act shall apply in relation to the power of entry under this section as it applies in relation to the powers of an investigating authority under that section.

• (4) Section 38(9) of this Act shall not apply in relation to a direction under section 38(8) with respect to the exercise of the power of entry under this section, but on giving any such direction the Secretary of State shall serve a copy of the direction on each of the following persons, that is to say—

• (a) the investigating authority;

• (b) the authority possessing compulsory purchase powers; and

• (c) the owner and (if the owner is not the occupier) the occupier of the site in question; and

• (d) where the site in question is situated in England, the Commission (if the investigating authority is not the Commission);

and on varying or revoking any such direction the Secretary of State shall notify the same persons (giving particulars of the effect of any variation).

• (5) In this section “authority possessing compulsory purchase powers” means any person or body of persons who could be or have been authorised to acquire an interest in land compulsorily.

Other powers of entry on site of operations covered by an operations notice

40

Where an operations notice is served with respect to any operations—

• (a) any person duly authorised in writing by the Secretary of State may at any reasonable time enter the site of the operations for the purpose of inspecting the site (including any building or other structure on the site) and recording any matters of archaeological or historical interest observed in the course of that inspection; and

• (b) any person duly authorised in writing by the Royal Commission on Historical Monuments may at any reasonable time enter the site for the purpose of inspecting any building or other structure on the site and recording any matters of archaeological or historical interest observed in the course of that inspection.

Interpretation of Part II

41

• (1) In this Part of this Act—

• (a) “the developer” and “operations notice” have the meanings respectively given by section 35(3) of this Act;

• (b) references to a London borough council include references to the Common Council of the City of London;

• (c) references to operations on any land include references to operations in, under or over the land in question;

• (d) references to the clearance of any site are references to the demolition and removal of any existing building or other structure on the site and the removal of any other materials thereon so as to clear the surface of the land (but do not include the levelling of the surface or the removal of materials from below the surface); and

• (e) references to clearance operations are references to operations undertaken for the purpose of or in connection with the clearance of any site.

• (2) For the purposes of this Part of this Act, the investigating authority for an area of archaeological importance is the person for the time being holding appointment as such under section 34 of this Act or (if there is no such person) the Commission (in a case where the area is situated in England) or the Secretary of State (in any other case).

Part III — Miscellaneous and Supplemental

Restrictions on use of metal detectors

Restrictions on use of metal detectors

42

• (1) If a person uses a metal detector in a protected place without the written consent of the Commission (in a case of a place situated in England) ... he shall be guilty of an offence and liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding level 3 on the standard scale.

• (2) In this section—

• “metal detector” means any device designed or adapted for detecting or locating any metal or mineral in the ground; and

• “protected place” means any place which is either—the site of a scheduled monument or of any monument under the ownership or guardianship of the Secretary of State or the Commission or a local authority by virtue of this Act; orsituated in an area of archaeological importance.

• (3) If a person without written consent removes any object of archaeological or historical interest which he has discovered by the use of a metal detector in a protected place he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.

• (4) A consent granted by ... the Commission for the purposes of this section may be granted either unconditionally or subject to conditions.

• (5) If any person—

• (a) in using a metal detector in a protected place in accordance with any consent granted by ... the Commission for the purposes of this section; or

• (b) in removing or otherwise dealing with any object which he has discovered by the use of a metal detector in a protected place in accordance with any such consent;

fails to comply with any condition attached to the consent, he shall be guilty of an offence and liable, in a case falling within paragraph (a) above, to the penalty provided by subsection (1) above, and in a case falling within paragraph (b) above, to the penalty provided by subsection (3) above.

• (6) In any proceedings for an offence under subsection (1) above, it shall be a defence for the accused to prove that he used the metal detector for a purpose other than detecting or locating objects of archaeological or historical interest.

• (7) In any proceedings for an offence under subsection (1) or (3) above ..., it shall be a defence for the accused to prove that he had taken all reasonable precautions to find out whether the place where he used the metal detector was a protected place and did not believe that it was.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of entry

Power of entry for survey and valuation

43

• (1) Any person authorised under this section may at any reasonable time enter any land in Scotland for the purpose of surveying it, or estimating its value, in connection with any proposal to acquire that or any other land under this Act or in connection with any claim for compensation under this Act in respect of any such acquisition.

• (1A) Any person authorised under this section may at any reasonable time enter any land in England and Wales or Scotland for the purpose of surveying it, or estimating its value, in connection with any claim for compensation under this Act for any damage to that or any other land.

• (1B) See section 172 of the Housing and Planning Act 2016 for a power to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land.

• (2) A person is authorised under this section if he is an officer of the Valuation Office of the Inland Revenue Department or a person duly authorised in writing by the Secretary of State , Historic Environment Scotland or other authority proposing to make the acquisition which is the occasion of the survey or valuation or (as the case may be) from whom in accordance with this Act compensation in respect of the damage is recoverable.

• (3) Subject to section 44(9) of this Act, the power to survey land conferred by this section shall be construed as including power to search and bore for the purposes of ascertaining the nature of the subsoil or the presence of minerals therein.

Supplementary provisions with respect to powers of entry

44

• (1) A person may not in the exercise of any power of entry under this Act, other than that conferred by section 43, enter any building or part of a building occupied as a dwelling house without the consent of the occupier.

• (2) Subject to the following provisions of this subsection, a person may not in the exercise of any power of entry under this Act demand admission as of right to any land which is occupied unless prior notice of the intended entry has been given to the occupier—

• (a) where the purpose of the entry is to carry out any works on the land (other than excavations in exercise of the power under section 26 or 38 of this Act), not less than fourteen days before the day on which admission is demanded; or

• (b) in any other case, not less than twenty-four hours before admission is demanded.

This subsection does not apply in relation to the power of entry under section 5 of this Act ....

• (3) A person seeking to enter any land in exercise of any power of entry under this Act shall, if so required by or on behalf of the owner or occupier thereof, produce evidence of his authority before entering.

• (4) Any power of entry under this Act shall be construed as including power for any person entering any land in exercise of the power of entry to take with him any assistance or equipment reasonably required for the purpose to which his entry relates and to do there anything reasonably necessary for carrying out that purpose.

• (5) Without prejudice to subsection (4) above, where a person enters any land in exercise of any power of entry under this Act for the purpose of carrying out any archaeological investigation or examination of the land, he may take and remove such samples of any description as appear to him to be reasonably required for the purpose of archaelolgical analysis.

• (6) Subject to subsection (7) below, where any works are being carried out on any land in relation to which any power of entry under this Act is exercisable, a person acting in the exercise of that power shall comply with any reasonable requirements or conditions imposed by the person by whom the works are being carried out for the purpose of preventing interference with or delay to the works.

• (7) Any requirements or conditions imposed by a person by whom any works are being carried out shall not be regarded as reasonable for the purposes of subsection (6) above if compliance therewith would in effect frustrate the exercise of the power of entry or the purpose of the entry; and that subsection does not apply where the works in question are being carried out in contravention of section 2(1) or (6) or 35 of this Act.

• (8) Any person who intentionally obstructs a person acting in the exercise of any power of entry under this Act shall be guilty of an offence and liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding level 3 on the standard scale.

• (9) Where under section 43 of this Act a person proposes to carry out any works authorised by virtue of subsection (3) of that section—

• (a) he shall not carry out those works unless notice of his intention to do so was included in the notice required by subsection (2)(a) above; and

• (b) if the land in question is held by statutory undertakers, and those undertakers object to the proposed works on the grounds that the carrying out thereof would be seriously detrimental to the carrying on of their undertaking, the works shall not be carried out except with the authority of the Secretary of State.

Financial provisions

Expenditure on archaeological investigation

45

• (1) The Secretary of State may undertake, or assist in, or defray or contribute towards the cost of, an archaeological investigation of any land )(other than land in England) which he considers may contain an ancient monument or anything else of archaeological or historical interest.

• (1A) The Commission may undertake, or assist in, or defray or contribute towards the cost of, an archaeological investigation of any land in England which they consider may contain an ancient monument or anything else of archaeological or historical interest; and the reference to an ancient monument in this subsection shall be construed as if the reference in section 61(12)( b ) of this Act to the Secretary of State were to the Commission.

• (2) Any local authority may undertake, or assist in, or defray or contribute towards the cost of, an archaeological investigation of any land in or in the vicinity of their area, being land which they consider may contain an ancient monument or anything else of archaeological or historical interest.

• (3) The Secretary of State or the Commission or any local authority may publish the results of any archaeological investigation undertaken, assisted, or wholly or partly financed by them under this section in such manner and form as they think fit.

• (4) Without prejudice to the application, by virtue of section 53 of this Act, of any other provision of this Act to land which is not within Great Britain, the powers conferred by this section shall be exercisable in relation to any such land which forms part of the sea bed within the seaward limits of United Kingdom territorial waters adjacent to the coast of Great Britain (or, as regards the powers mentioned in subsection (1A) above, England).

Compensation for damage caused by exercise of certain powers under this Act

46

• (1) Subject to subsection (2) below, where, in the exercise in relation to any land of any power to which this section applies, any damage has been caused to that land or to any chattels on that land, any person interested in that land or those chattels may recover compensation in respect of that damage from Historic Environment Scotland, the Secretary of State or the Commission or other authority by or on whose behalf the power was exercised.

• (2) Where any such damage is caused in the exercise of any such power by or on behalf of any person for the time being holding appointment as the investigating authority for an area of archaeological importance under section 34 of this Act, compensation shall be recoverable in accordance with this section from the Commission (if the area in question is situated in England) or from the Secretary of State (in any other case).

• (3) This section applies to any power to enter, or to do anything, on any land under any of the following sections of this Act, that is to say, sections 6, 6A ... 26, 38, 39, 40 and 43.

• (4) References in subsection (1) above to chattels shall be construed in relation to Scotland as references to moveables.

General provisions with respect to claims for compensation under this Act

47

• (1) Any claim for compensation under this Act shall be made within the time and in the manner prescribed.

• (2) Any question of disputed compensation under this Act shall be referred to and determined by the Upper Tribunal or (in the case of any land situated in Scotland) by the Lands Tribunal for Scotland.

• (3) In relation to the determination of any such question, the provisions of section 4 of the Land Compensation Act 1961 or (as the case may be) of Sections 9 and 11 of the Land Compensation (Scotland) Act 1963 shall apply, but the references in section 4 of the Act of 1961 and section 11 of the Act of 1963 to the acquiring authority shall be construed as references to the authority by whom the compensation claimed is payable under this Act.

Recovery of grants for expenditure in conservation areas and on historic buildings

48

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) After section 4 of the Historic Buildings and Ancient Monuments Act 1953 (grants for preservation of historic buildings, their contents and adjoining land) there shall be inserted the following section —

(4A) (1) This section applies to any grant under section 4 of this Act made on terms that it shall be recoverable under this section ; but any such grant shall only be regarded for the purposes of this section as so made if before or on making the grant the Secretary of State gives to the grantee notice in writing — (a) summarising the effect of this section ; and (b) specifying the period during which the grant is to be recoverable in accordance with subsection (4) below in the case of a grant made for the purpose there mentioned. (2) The period specified under subsection (1)(b) above in the case of any grant shall be a period beginning with the day on which the grant is made and ending not more than ten years after that day. (3) If any condition subject to which a grant to which this section applies was made is contravened or not complied with, the Secretary of State may recover the amount of the grant or such part of it as he thinks fit from the grantee. (4) If, during the period specified under subsection (1)(b) above in the case of a grant to which this section applies made to any person for the purpose of defraying in whole or in part any expenditure on the repair, maintenance or upkeep of any property, the grantee disposes in any manner mentioned in subsection (5) below of the interest, or any part thereof, held by him in the property on the day on which the grant is made (referred to below in this section as “the relevant interest”), the Secretary of State may recover the amount of the grant or such part of it as he thinks fit from the grantee. (5) Subsection (4) above only applies where the grantee disposes of the relevant interest or any part of it by way of sale or exchange or lease for a term of not less than twenty-one years. (6) If a person becomes entitled by way of gift from the grantee, whether directly or indirectly (but otherwise than by will) to a part of the relevant interest, a disposal by the donee in any manner mentioned in subsection (5) above of the interest so acquired by him in the property, or any part of that interest, shall be treated for the purposes of subsection (4) above as a disposal by the grantee of a part of the relevant interest. (7) If a person becomes entitled by way of any such gift to the whole of the relevant interest subsection (4) above shall have effect (except for the purpose of determining the relevant interest) as if the donee were the grantee. (8) Nothing in subsection (3) or (4) above shall be taken as conferring on the Secretary of State a right to recover (by virtue of a breach of more than one condition or disposals of several parts of an interest in property) amounts in the aggregate exceeding the amount of the grant.

Grants to the Architectural Heritage Fund

49

• (1) The Secretary of State may make grants to the Architectural Heritage Fund.

• (1A) The Commission may make grants to the Architectural Heritage Fund for the purpose of enabling it to perform its functions in, or in relation to, England.

• (2) A grant under this section may be made subject to such conditions as the Secretary of State or the Commission (as the case may be) may think fit to impose.

• (3) In this section “the Architectural Heritage Fund” means the institution registered under that name under the Charities Act 2011

Application to special cases

Application to Crown land

50

• (1) Notwithstanding any interest of the Crown in Crown land, but subject to the following provisions of this section—

• (a) a monument which for the time being is Crown land may be included in the Schedule; and

• (b) any restrictions or powers imposed or conferred by any of the provisions of this Act shall apply and be exercisable in relation to Crown land and in relation to anything done on Crown land otherwise than by or on behalf of the Crown, but not so as to affect any interest of the Crown therein.

• (1A) For the purposes of subsection (1)(b), anything done by Historic Environment Scotland on Crown land, in relation to which it has functions by virtue of a delegation by the Scottish Ministers under section 3 of the Historic Environment Scotland Act 2014 (asp 19), is not to be treated as done by or on behalf of the Crown.

• (2) Except with the consent of the appropriate authority—

• (a) no power under this Act to enter, or to do anything, on any land shall be exercisable in relation to land which for the time being is Crown land; and

• (b) no interest in land which for the time being is Crown land shall be acquired compulsorily under Part I of this Act.

• (3) In relation to any operations proposed to be carried out on Crown land otherwise than by or on behalf of the Crown, an operations notice served under section 35 of this Act shall not be effective for the purposes of that section unless it is accompanied by a certificate from the appropriate authority in the prescribed form consenting to the exercise in relation to that land in connection with those operations of the powers conferred by sections 38 and 40 of this Act.

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In this section “Crown land” means land in which there is a Crown interest or a Duchy interest; “Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a Government department, or held in trust for Her Majesty for the purposes of a Government department, and includes any estate or interest held in right of the Prince and Steward of Scotland; “Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall; and for the purposes of this section “the appropriate authority”, in relation to any land—

• (a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners, and, in relation to any other land belonging to Her Majesty in right of the Crown, means the Government department having the management of that land or the relevant person;

• (b) in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, means the Chancellor of the Duchy;

• (c) in relation to land belonging to the Duchy of Cornwall, means such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;

• (d) in the case of land belonging to a Government department or held in trust for Her Majesty for the purposes of a Government department, means that department;

and, if any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.

In this subsection “Government department” includes any Minister of the Crown and “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.

Ecclesiastical property

51

• (1) Without prejudice to the provisions of the Acquisition of Land (Authorisation Procedure) Act 1946 with respect to notices served under that Act, where under any of the provisions of this Act a notice is required to be served on an owner of land, and the land is ecclesiastical property, a like notice shall be served on the Diocesan Board of Finance for the diocese in which the land is situated.

• (2) Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant it shall for the purposes of this Act be treated as being vested in the Diocesan Board of Finance for the diocese in which the land is situated.

• (3) Any sum which under section ... 7, 9 or 46 of this Act is payable in relation to land which is ecclesiastical property and apart from this subsection would be payable to an incumbent, shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated, to be applied for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Measure authorising, or disposing of the proceeds of, such a sale.

• (4) Where any sum is recoverable under section 8 of this Act in respect of land which is ecclesiastical property the Diocesan Board of Finance for the diocese in which the land is situated may apply any money or securities held by it in the payment of that sum.

• (5) In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction.

Application to the Isles of Scilly

52

The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application to those Isles of the provisions of this Act—

• (a) as if those Isles were a district and the Council of the Isles were the council of that district; and

• (b) in other respects subject to such modifications as may be specified in the order.

Monuments in territorial waters

53

• (1) A monument situated in, on or under the sea bed within the seaward limits of United Kingdom territorial waters adjacent to the coast of Great Britain (referred to below in this section as a monument in territorial waters) may be included in the Schedule under section 1(3) of this Act, and the remaining provisions of this Act shall extend accordingly to any such monument which is a scheduled monument (but not otherwise).

• (2) The entry in the Schedule relating to any monument in territorial waters shall describe the monument as lying off the coast of England, or of Scotland and any such monument shall be treated for the purposes of this Act as situated in the country specified for the purposes of this subsection in the entry relating to the monument in the Schedule.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In relation to any monument in territorial waters which is under the ownership or guardianship of the Secretary of State or the Commission or any local authority by virtue of this Act, references in this Act to land associated with the monument (or to associated land) include references to any part of the sea bed occupied by the Secretary of State or by the Commission or by a local authority for any such purpose relating to the monument as is mentioned in section 15(1) of this Act.

• (4) Without prejudice to any jurisdiction exercisable apart from this subsection, proceedings for any offence under this Act committed in United Kingdom territorial waters adjacent to the coast of Great Britain may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in Great Britain.

• (5) It is hereby declared that, notwithstanding that by virtue of this section this Act may affect individuals or bodies corporate outside the United Kingdom, it applies to any individual whether or not he is a British subject, and to any body corporate whether or not incorporated under the law of any part of the United Kingdom.

• (6) A constable shall on any monument in territorial waters have all the powers, protection and privileges which he has in the area for which he acts as constable.

• (7) References in this section to the sea bed do not include the seashore or any other land which, though covered (intermittently or permanently) by the sea, is within Great Britain.

Supplemental

Treatment and preservation of finds

54

• (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) 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 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 under the Treasure Act 1996.

Proceedings for questioning validity of certain orders, etc.

55

• (1) If any person—

• (a) is aggrieved by any order to which this section applies and desires to question the validity of that order, on the grounds that it is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to it; or

• (b) is aggrieved by any action on the part of the Secretary of State to which this section applies and desires to question the validity of that action, on the grounds that is is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to it;

he may, within six weeks from the relevant date, make an application under this section to the High Court or (in Scotland) to the Court of Session.

• (2) This section applies to any designation order and to any order under section 33 (4) of this Act varying or revoking a designation order.

• (3) This section applies to action on the part of the Secretary of State of either of the following descriptions, that is to say—

• (a) any decision of the Secretary of State on an application for scheduled monument consent; and

• (b) the giving by the Secretary of State of any direction under section 4 of this Act modifying or revoking a scheduled monument consent.

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In subsection (1) above “the relevant date” means—

• (a) in relation to an order, the date on which notice of the making of the order is published (or, as the case may be, first published) in accordance with Schedule 2 to this Act; and

• (b) in relation to any action on the part of the Secretary of State, the date on which that action is taken.

• (5) On any application under this section the High Court or (in Scotland) the Court of Session—

• (a) may by interim order suspend the operation of the order or action, the validity whereof is questioned by the application, until the final determination of the proceedings;

• (b) if satisfied that the order or action in question is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation thereto, may quash that order or action in whole or in part.

• (6) In this section “the relevant requirements” means—

• (a) in relation to any order to which this section applies, any requirements of this Act or of any regulations made under this Act which are applicable to that order; and

• (b) in relation to any action to which this section applies, any requirements of this Act or of the Tribunals and Inquiries Act 1992 or of any regulations or rules made under this Act or under that Act which are applicable to that action.

• (7) Except as provided by this section, the validity of any order or action to which this section applies shall not be questioned in any legal proceedings whatsoever; but nothing in this section shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Secretary of State to take a decision on an application for scheduled monument consent.

Service of documents

56

• (1) Any notice or other document required or authorised to be served under this Act may be served either—

• (a) by delivering it to the person on whom it is to be served; or

• (b) by leaving it at the usual or last known place of abode of that person or, in a case where an address for service has been given by that person, at that address; or

• (c) by sending it in a pre-paid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode or, in a case where an address for service has been given by that person, at that address; or

• (ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it in a pre-paid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Where any such notice or document is required or authorised to be served on any person as being the owner or occupier of any monument or other land—

• (a) it may be addressed to the “owner” or (as the case may require) to the “occupier” of that monument or land (describing it) without further name or description; and

• (b) if the usual or last known place of abode of the person in question cannot be found, it may be served by being affixed conspicuously to the monument or to some object on the site of the monument or (as the case may be) on the land.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to require information as to interests in land

57

• (1) For the purpose of enabling the Secretary of State or Historic Environment Scotland or the Commission or a local authority to exercise any function under this Act, the Secretary of State or Historic Environment Scotland or the Commission or the local authority may require the occupier of any land and any person who, either directly or indirectly, receives rent in respect of any land to state in writing the nature of his interest therein, and the name and address of any other person known to him as having an interest therein, whether as a freeholder, owner of the dominium utile, mortgagee, lessee, or otherwise.

• (2) Any person who, having been required under this section to give any information, fails without reasonable excuse to give that information, shall be guilty of an offence and liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding level 3 on the standard scale.

• (3) Any person who, having been so required to give any information, knowingly makes any mis-statement in respect of it, shall be guilty of an offence and liable—

• (a) on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding the statutory maximum; or

• (b) on conviction on indictment to a fine.

Offences by corporations

58

• (1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against accordingly.

• (2) In subsection (1) above the expression “director”, in relation to any body corporate established by or under an enactment for the purpose of carrying on under national ownership an industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.

Prosecution of offences: Scotland

59

Notwithstanding anything in section 136 of the Criminal Procedure (Scotland) Act 1995, summary proceedings in Scotland for an offence under this Act may be commenced at any time within one year from the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings came to his knowledge; and a certificate purporting to be signed by the prosecutor stating that date shall be conclusive.

Regulations and orders

60

• (A1) Any power conferred by this Act to make regulations or orders includes power to make such incidental, supplemental, consequential, transitory, transitional or saving provision as the Scottish Ministers consider necessary or expedient.

• (1) Any order or regulations made under this Act may make different provision for different cases to which the order or (as the case may be) the regulations apply.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Any power of the Secretary of State to make regulations under this Act, and the power to make orders under sections 3, 37, 52, 61 and 65 of this Act shall be exercisable by statutory instrument; and any statutory instrument containing any such regulations or order, other than one containing regulations under section 19 of this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

61

• (1) In this Act—

• ...

• “ancient monument” has the meaning given by subsection (12) below;

• “area of archaeological importance” means an area designated as such under section 33 of this Act;

• “the Commission” means the Historic Buildings and Monuments Commission for England;

• “designation order” means an order under that section;

• “development consent” means development consent under the Planning Act 2008;

• ...

• “enactment” includes an enactment in any local or private Act of Parliament, and an order, rule, regulation, byelaw or scheme made under an Act of Parliament;

• “flooding operations” means covering land with water or any other liquid or partially liquid substance;

• “functions” includes powers and duties;

• “guardianship deed” has the meaning given by section 12(6) of this Act;

• ...

• “land” means—in England and Wales, any corporeal hereditament;in Scotland, any heritable property;including a building or a monument and, in relation to any acquisition of land, includes any interest in or right over land;

• “local authority” means—in England ..., the council of a county or district, ... the council of a London borough, and the Common Council of the City of London;...in Scotland, the planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973;

• “monument” has the meaning given by subsection (7) below;

• “owner”, in relation to any land in England and Wales means (except for the purposes of ... paragraph 2(1) of Schedule 1 to this Act and any regulations made for the purposes of that paragraph) a person, other than a mortgagee not in possession, who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land, or where the land is not let at a rack rent, would be so entitled if it were so let;

• “possession” includes receipt of rents and profits or the right to receive rents and profits (if any);

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “the Schedule” has the meaning given by section 1(1) of this Act;

• “scheduled monument” has the meaning given by section 1(11) of this Act and references to “scheduled monument consent” shall be construed in accordance with section 2(3) ... and 3(5) of this Act;

• ...

• “tipping operations” means tipping soil or spoil or depositing building or other materials or matter (including waste materials or refuse) on any land; and

• “universal postal service provider” means a universal service provider within the meaning of Part 3 of the Postal Services Act 2011; and references to the provision of a universal postal service shall be construed in accordance with that Part.

• “works” includes operations of any description and, in particular (but without prejudice to the generality of the preceding provision) flooding or tipping operations and any operations undertaken for purposes of agriculture (within the meaning of the Town and Country Planning Act 1990 or, as regards Scotland, the Town and Country Planning (Scotland) Act 1997 or forestry (including afforestation).

• (2) In this Act “statutory undertakers” means—

• (a) persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of ..., ... or hydraulic power;

• (b) ... the Civil Aviation Authority, the ..., a universal postal service provider in connection with the provision of a universal postal service and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for any of the purposes of the Town and Country Planning Act 1990 or of the Town and Country Planning (Scotland) Act 1997; and

• (c) any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph.

• (2A) The undertaking of a universal postal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.

• (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) For the purposes of sections 14(1) and 21(2) of this Act and paragraph 6(1)(b) and (2)(b) of Schedule 3 to this Act a person shall be taken to be immediately affected by the operation of a guardianship deed relating to any land if he is bound by that deed and is in possession or occupation of the land.

• (4) For the purposes of this Act “archaeological investigation” means any investigation of any land, objects or other material for the purpose of obtaining and recording any information of archaeological or historical interest and (without prejudice to the generality of the preceding provision) includes in the case of an archaeological investigation of any land—

• (a) any investigation for the purpose of discovering and revealing and (where appropriate) recovering and removing any objects or other material of archaeological or historical interest situated in, on or under the land; and

• (b) examining, testing, treating, recording and preserving any such objects or material discovered during the course of any excavations or inspections carried out for the purposes of any such investigation.

• (5) For the purposes of this Act, an archaeological examination of any land means any examination or inspection of the land (including any buildings or other structures thereon) for the purpose of obtaining and recording any information of archaeological or historical interest.

• (6) In this Act ... references to land associated with any monument (or to associated land) shall be construed in accordance with section 15(6) of this Act.

• (7) “Monument” means (subject to subsection (8) below)—

• (a) any building, structure or work, whether above or below the surface of the land, and any cave or excavation;

• (b) any site comprising the remains of any such building, structure or work or of any cave or excavation; ...

• (c) any site comprising, or comprising the remains of, any vehicle, vessel, aircraft or other movable structure or part thereof which neither constitutes nor forms part of any work which is a monument within paragraph (a) above; ...

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and any machinery attached to a monument shall be regarded as part of the monument if it could not be detached without being dismantled.

• (7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) Subsection (7)(a) above does not apply to any ecclesiastical building for the time being used for ecclesiastical purposes, and subsection (7)(c) above does not apply—

• (a) to a site comprising any object or its remains unless the situation of that object or its remains in that particular site is a matter of public interest;

• (b) to a site comprising, or comprising the remains of, any vessel which is protected by an order under section 1 of the Protection of Wrecks Act 1973 designating an area round the site as a restricted area.

• (9) For the purposes of this Act, the site of a monument includes not only the land in or on which it is situated but also any land comprising or adjoining it which appears to the Secretary of State or the Commission or a local authority, in the exercise in relation to that monument of any of their functions under this Act, to be essential for the monument’s support and preservation.

• (10) References in this Act to a monument include references—