Legislation – Historic Environment (Wales) Act 2023
Changes to legislation:
Historic Environment (Wales) Act 2023, Section 71 is up to date with all changes known to be in force on or before 06 November 2025. 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 71:
- s. 11(3) inserted by 2024 asc 3 Sch. 3 para. 15(2)
- s. 58(4)(c) inserted by 2024 asc 3 Sch. 3 para. 15(3)
- s. 88(4) inserted by 2024 asc 3 Sch. 3 para. 15(4)
- s. 118(2)(f) inserted by 2024 asc 3 Sch. 3 para. 15(5)
- s. 161(6) inserted by 2024 asc 3 Sch. 3 para. 15(6)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 11(3) inserted by 2024 asc 3 Sch. 3 para. 15(2)
- s. 58(4)(c) inserted by 2024 asc 3 Sch. 3 para. 15(3)
- s. 88(4) inserted by 2024 asc 3 Sch. 3 para. 15(4)
- s. 118(2)(f) inserted by 2024 asc 3 Sch. 3 para. 15(5)
- s. 161(6) inserted by 2024 asc 3 Sch. 3 para. 15(6)
PART 2MONUMENTS OF SPECIAL HISTORIC INTEREST
CHAPTER 7GENERAL
Powers of entry
71Treatment and preservation of finds
(1)
This section applies where a person enters land in exercise of a power of entry under this Part—
(a)
to carry out excavations in the land or works affecting a monument of special historic interest situated in, on or under the land,
(b)
to assess or observe works on the land under section 65(3) or (4)(b), or
(c)
to carry out an archaeological examination of the land.
(2)
The person may—
(a)
take temporary custody of any object of archaeological or historical interest discovered during the course of the excavations, works or examination, and
(b)
remove the object from its site for the purpose of examining, testing, treating, recording or preserving it.
(3)
The appropriate authority may not, without the agreement of every owner, retain the object for longer than is reasonably required to—
(a)
examine and record it, and
(b)
carry out any test or treatment which appears to the authority to be desirable—
(i)
for the purpose of archaeological investigation or analysis, or
(ii)
to restore or preserve the object.
(4)
In subsection (3) “appropriate authority” means—
(a)
in a case where the power of entry was exercised by or on behalf of the Welsh Ministers, the Welsh Ministers, and
(b)
in a case where the power of entry was exercised by or on behalf of a local authority, that authority.
(5)
This section does not affect any right of the Crown under the Treasure Act 1996 (c. 24).