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Ancient Monuments and Archaeological Areas Act 1979
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Ancient Monuments and Archaeological Areas Act 1979, Section 43 is up to date with all changes known to be in force on or before 29 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 1(3A) inserted by 2023 asc 3 Sch. 13 para. 20(b)
- s. 1AA-1AE omitted by 2023 asc 3 Sch. 13 para. 21
- s. 7(4A) inserted by 2016 anaw 4 s. 10(2)
- s. 33(1A) inserted by 2023 asc 3 Sch. 13 para. 35(a)
43 Power of entry for survey and valuation.E+W+S
[F1(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 [F2, 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.
Textual Amendments
F1S. 43(1)-(1B) substituted for s. 43(1) (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 14 para. 10; S.I. 2016/733, reg. 3(h) (with reg. 6)
F2Words in s. 43(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. 46 (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
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