- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(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(e)the words “shall be guilty of an offence” are repealed.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”.
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.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive 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 were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: