Search Legislation

Historic Environment (Wales) Act 2016

Status:

This is the original version (as it was originally enacted).

Modifications relating to offences

15Control of works affecting scheduled monuments

(1)Section 2 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (control of works affecting scheduled monuments) is amended as follows.

(2)In subsection (8), after “works within subsection (2)(a) or (c) above” insert “which have been executed in relation to a scheduled monument situated in England or land in, on or under which there is such a scheduled monument”.

(3)After that subsection insert—

(8A)In any proceedings for an offence under this section in relation to works within subsection (2)(a) or (c) which have been executed in relation to a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument, it is a defence for the accused to prove that, before executing the works or before causing or permitting their execution (as the case may be), the accused⁠—

(a)had taken all reasonable steps to find out whether there was a scheduled monument in the area affected by the works; and

(b)did not know, and had no reason to believe, that the monument was within the area affected by the works or (as the case may be) that it was a scheduled monument.

16Damaging certain ancient monuments

(1)Section 28 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (offence of damaging certain ancient monuments) is amended as follows.

(2)In subsection (1), after “any protected monument” insert “situated in England”.

(3)After that subsection insert—

(1A)A person who without lawful excuse destroys or damages a protected monument situated in Wales is guilty of an offence if the person—

(a)knew or ought reasonably to have known that it was a protected monument; and

(b)intended to destroy or damage the monument or was reckless as to whether the monument would be damaged or destroyed.

17Restrictions on use of metal detectors

(1)Section 42 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (restrictions on use of metal detectors) is amended as follows.

(2)In subsection (7), after “an offence under subsection (1) or (3) above” insert “relating to a protected place situated in England”.

(3)After that subsection insert—

(8)In proceedings for an offence under subsection (1) or (3) relating to a protected place situated in Wales, it is a defence for the accused to prove that the accused—

(a)had taken all reasonable steps to find out whether the place in which the metal detector was used was a protected place; and

(b)did not know, and had no reason to believe, that the place was a protected place.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources