Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
|
Chapter 4 General powers of officers, servants and agents, etc. | ||
|
General powers of officers, servants and agents, etc., of relevant authority | ||
|
188. (1) Where any function is conferred under this Act on a relevant authority, then, in so far as is reasonably necessary for the purpose of performing that function, the relevant authority or its officers, servants or agents acting on behalf of the relevant authority, or both, shall, for those purposes, have the power to— | ||
(a) enter on, in, over or go across freely any land (including dwellings) and carry out works there or carry out all forms of survey, recording or investigation (including archaeological excavation), | ||
(b) bring with him or her any equipment, machinery or materials as may be necessary and place them on or in any land (including dwellings), | ||
(c) secure any site, area or object for further survey, recording or investigation (including archaeological excavation), | ||
(d) be accompanied by any persons it would be reasonable for him or her to be accompanied by, and | ||
(e) require any person encountered to give such assistance as is reasonable in the circumstances or provide any information about archaeological, architectural or other historic heritage as may reasonably be sought. | ||
(2) A private dwelling shall not be entered under a provision of this Act without the consent of the occupier unless— | ||
(a) a warrant from the District Court has been obtained under subsection (3) authorising such entry, or | ||
(b) such entry is made under section 203 . | ||
(3) If a judge of the District Court is satisfied by information on oath of an officer of a relevant authority that it is reasonably necessary that a private dwelling be entered for the purposes of this Act, the judge may issue a warrant authorising such entry. | ||
(4) A warrant issued under subsection (3) shall be expressed and operate to authorise named officers, servants or agents of the relevant authority concerned, accompanied (if appropriate) by other officers, servants or agents of that relevant authority or of other relevant authorities, or any other persons it would be reasonable for them to be accompanied by, at any time within one month from the issue of the warrant, on production of the warrant if so requested, to enter the dwelling by force if necessary, and to exercise all or any of the powers conferred under subsection (1) or under any provision of this Act to the appropriate purpose for which the warrant was sought. | ||
(5) An officer, agent or servant of a relevant authority who, in the course of performing a function under this Act, enters land in private ownership which is not open to the public shall produce to anyone who may reasonably request it identification showing that he or she is such an officer, agent or servant or other evidence in writing to such effect. | ||
(6) Where any provision of this Act refers to the placing by a relevant authority of a sign at or adjacent to a monument, the relevant authority or his or her officers, servants or agents may place or erect the sign in such a place and in such a manner as he or she considers appropriate in the circumstances. | ||
(7) In this section, “relevant authority” means— | ||
(a) the Minister, | ||
(b) the Commissioners, | ||
(c) the Board, or | ||
(d) a local authority. |