5(1)The power of entry conferred by section 36(1) of the M1National Heritage Act 1983 (entry to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall only be exercisable in relation to land used, or intended for use, for or in connection with the carrying out of any of the works authorised by this Part of this Act with the consent of the nominated undertaker, such consent not to be unreasonably withheld.U.K.
(2)Consent for the purposes of sub-paragraph (1) above may be granted subject to compliance with any reasonable requirements or conditions imposed for reasons of safety or for the purpose of preventing interference with or delay to the works.
(3)Section 36(6) of the M2National Heritage Act 1983 (which, in relation to land on which works are being carried out, regulates the exercise of the right to enter land to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall not apply in relation to land on which works authorised by this Part of this Act are being carried out.
(4)Any dispute under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by [F1the appropriate Minister].
(5)In sub-paragraph (4) above, “appropriate [F2Minister]” means—
(a)in relation to a dispute about entry for the purpose of obtaining information about an ancient monument, [F3[F4the Secretary of State for Culture, Olympics, Media and Sport] and [F5the Secretary of State for Transports] acting jointly], and
(b)in relation to a dispute about entry for the purpose of obtaining information about an historic building, [F6the Secretary of State].
(6)In sub-paragraph (5) above, “ancient monument” and “historic building” have the meanings given by section 33(8) of the National Heritage Act 1983.
Textual Amendments
F1Words in Sch. 7 para. 5(4) substituted (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. paras. 25, 33(a)
F2Word in Sch. 7 para. 5(5) substituted (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. paras. 25, 33(b)(i)
F3Words in Sch. 7 para. 5(5)(a) substituted (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. paras. 25, 33(b)(ii)
F4Words in Sch. 7 para. 5(5)(a) substituted (7.7.2010) by Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), Sch. para. 3
F5Words in Sch. 7 para. 5(5)(a) substituted (25.11.2002) by S.I. 2002/2626, art. 20, Sch. 2 para. 21(5)
F6Words in Sch. 7 para. 5(5)(b) substituted (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. paras. 25, 33(b)(iii)
Marginal Citations