Legislation – Historic Environment (Wales) Act 2023
Changes to legislation:
Historic Environment (Wales) Act 2023, Section 69 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 69:
- 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
69Supplementary provision about powers of entry under this Part
(1)
A power to enter land under this Part may be exercised at any reasonable time; but this subsection does not apply to section 65(5).
(2)
A person authorised to enter land under this Part may not demand admission as of right to any land which is occupied unless notice of the intended entry has been given to every occupier—
(a)
where the purpose of the entry is to carry out any works on the land (other than excavations in exercise of the power under section 67), at least 14 days before the day of the intended entry, or
(b)
in any other case (including excavations in exercise of the power under section 67), at least 24 hours before the day of the intended entry.
(3)
Subsection (2) does not apply to entry under—
(a)
section 61 (but see subsection (2) of that section), or
(b)
section 66(1).
(4)
A person authorised to enter land under this Part may not enter any building or structure or part of a building or structure occupied as a dwelling without the agreement of every occupier; but this subsection does not apply to the power in section 68.
(5)
A person authorised to enter land under this Part must—
(a)
if required to do so by or on behalf of an owner or occupier of the land, produce evidence of the person’s authorisation and state the purpose of the entry before entering the land;
(b)
if leaving the land at a time when no owner or occupier is present, leave it as effectively secured against trespassers as the person found it.
(6)
A person entering land in exercise of a power of entry under this Part may take assistance or equipment reasonably required for the purpose to which the entry relates.
(7)
Where a person carries out any archaeological investigation or examination of land in the exercise of a power of entry under this Part, the person may take and remove any samples which appear to the person to be reasonably required for the purpose of archaeological analysis.
(8)
Where—
(a)
a power of entry under this Part is exercisable by a person (“P1”) in relation to any land, and
(b)
works are being carried out on the land by another person (“P2”),
P1 must, in exercising the power of entry, comply with any reasonable requirements or conditions imposed by P2 for the purpose of preventing interference or delay to the works.
(9)
Subsection (8) does not apply where the works in question are being carried out in breach of section 11 (requirement for works to be authorised).
(10)
For the purposes of subsection (8), a requirement or condition is not reasonable if complying with it would frustrate the exercise of the power of entry or the purpose of entry.
(11)
A person who intentionally obstructs a person exercising a power of entry under this Part commits an offence.
(12)
A person guilty of an offence under subsection (11) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(13)
Where a person—
(a)
in the exercise of the power of entry under section 68, proposes to carry out works authorised by subsection (3) of that section, and
(b)
is required to give notice of the intended entry under subsection (2)(a) of this section,
the person may not carry out the works unless the notice of intended entry includes notice of the person’s intention to carry them out.
(14)
Where—
(a)
in the exercise of the power of entry under section 68, a person proposes to carry out any works authorised by subsection (3) of that section on land that belongs to a statutory undertaker, and
(b)
the undertaker objects to the proposal on the ground that carrying out of the works would be seriously detrimental to the carrying on of its undertaking,
the person may not carry out the works without the agreement of the Welsh Ministers.