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57(1)Section 38 of the 1979 Act (power of investigating authority to enter site etc.) shall be amended as follows.E+W+S
(2)At the end of subsection (3) there shall be inserted “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).”
(3)At the end of subsection (8) there shall be inserted—
“The Secretary of State shall consult with the Commission before giving, varying or revoking a direction under this subsection in relation to a site situated in England.”
(4)After subsection (9) there shall be inserted—
“(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.”
(5)Nothing in sub-paragraph (2) affects the right of an investigating authority to excavate a site in respect of which an operations notice was served before the appointed day.
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