Historic Environment (Amendment) (Scotland) Act 2011

Defences

3 Offences under sections 2, 28 and 42: modification of defences

(1) The 1979 Act is amended in accordance with this section.

(2) In section 2(8), for the words “prove that” substitute “show that, before executing, causing the execution of or, as the case may be, permitting the execution of the works—

(a) he had taken all reasonable steps to find out whether there was a scheduled monument within the area affected by the works, and”.

(3) In section 28(1) (offence of damaging certain ancient monuments)—

(a) for the word “lawful” substitute “reasonable”,

(b) after “monument”, where it first occurs, insert “shall be guilty of an offence if the person”,

(c) in paragraph (a), for the words “knowing that it is” substitute “knew or ought to have known that it was”,

(d) in paragraph (b)—

(i) for the word “intending” substitute “intended”,

(ii) for the word “being” substitute “was”,

(e) the words “shall be guilty of an offence” are repealed.

(4) In section 42 (restrictions on use of metal detectors)—

(a) in subsection (6) for the word “prove” substitute “show”,

(b) in subsection (7)—

(i) for the words “prove that he had taken all reasonable precautions” substitute “show that—

(a) he had taken all reasonable steps”,

(ii) for the words “and did not believe that it was” substitute “; and

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