(1)Subject to subsection (2) below, where, in the exercise in relation to any land of any power to which this section applies, any damage has been caused to that land or to any chattels on that land, any person interested in that land or those chattels may recover compensation in respect of that damage from [F1Historic Environment Scotland,] the Secretary of State [F2or the Commission] or other authority by or on whose behalf the power was exercised.
(2)Where any such damage is caused in the exercise of any such power by or on behalf of any person for the time being holding appointment as the investigating authority for an area of archaeological importance under section 34 of this Act, compensation shall be recoverable in accordance with this section from the [F3Commission (if the area in question is situated in England) or from the Secretary of State (in any other case).]
(3)This section applies to any power to enter, or to do anything, on any land under any of the following sections of this Act, that is to say, sections 6, [F46A] [F5 9ZF,] [F69ZJ,] 26, 38, 39, 40 and 43.
(4)References in subsection (1) above to chattels shall be construed in relation to Scotland as references to moveables.
Textual Amendments
F1Words in s. 46(1) inserted (S.) (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 2 para. 47 (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F2Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 62(2)
F3Words substituted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 62(3)(5)
F4Word inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 62(4)
F5Word in s. 46(3) inserted (E.W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 12(2), 41(2)
F6Word in s. 46(3) inserted (E.W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 13(4), 41(2)