Part II

Archaeological Areas

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.
1965 c. 56.
1947 c. 42.
Words substituted (E.W.) by virtue of Criminal Justice Act 1982 (c. 48), s. 46; and (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)
Pt. II (ss. 33-41) extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para.10(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
Words in s. 36(1)(b) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 16 para. 15; S.I. 2016/733, reg. 3(j)