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Historic Environment (Amendment) (Scotland) Act 2011
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Power of entry where monument at risk
10Power of entry on land where monument at risk
In section 26 of the 1979 Act (power of entry on land believed to contain ancient monument)—
(a)in subsection (3), at the beginning, insert “Subject to subsection (4) below,”,
(b)after subsection (3) add—
“(4)Subsection (3) does not apply where—
(a)land is, or is to be, excavated in exercise of the power conferred by subsection (2); and
(b)the Scottish Ministers know or have reason to believe that any ancient monument they know or believe to be in, on or under that land is or may be at risk of imminent damage or destruction.”.
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