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Ancient Monuments and Archaeological Areas Act 1979
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- s. 42 savings for effects of 2011 asp 3 s. 3(4) by S.S.I. 2011/377 art. 2(c)
- s. 42(1) excluded by 2008 c. 18 Sch. 9 para. 4(12)
- s. 42(3) excluded by 2008 c. 18 Sch. 9 para. 4(13)
- s. 42(6) word substituted by 2011 asp 3 s. 3(4)(a)
- s. 42(7) words substituted by 2011 asp 3 s. 3(4)(b)(i)
- s. 42(7) words substituted by 2011 asp 3 s. 3(4)(b)(ii)
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- Act modified by S.I. 2007/1353 art. 3
- Act restricted by 2008 c. 18 Sch. 9 para. 4(4)
- Act transfer of functions by S.I. 2012/1659 art. 2 Sch. 1
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 1A inserted by 2011 asp 3 s. 11
- s. 9A-9O and cross-heading inserted by 2011 asp 3 s. 6(1)
- s. 45A inserted by 2011 asp 3 s. 12
Commencement Orders yet to be applied to the Ancient Monuments and Archaeological Areas Act 1979:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2010/101 art. 2-5 commences (2008 c. 29)
- S.I. 2011/2329 art. 3 commences (2011 c. 5)
- S.S.I. 2003/219 art. 2 commences (2003 asp 4)
- S.S.I. 2003/456 art. 2 commences (2000 asp 5)
- S.S.I. 2004/404 art. 2-4 commences (2003 asp 8)
- S.S.I. 2011/174 art. 2 commences (2011 asp 3)
- S.S.I. 2011/372 art. 2 Sch. commences (2011 asp 3)
- 2006 No. 2 Instrument made by Archbishops commences (2006 No. 1)
42 Restrictions on use of metal detectors.E+W+S
(1)If a person uses a metal detector in a protected place without the written consent of the [F1Commission (in a case of a place situated in England) or of the Secretary of State (in any other case)] he shall be guilty of an offence and liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding [F2level 3 on the standard scale].
(2)In this section—
“metal detector” means any device designed or adapted for detecting or locating any metal or mineral in the ground; and
“protected place” means any place which is either—
(a)the site of a scheduled monument or of any monument under the ownership or guardianship of the Secretary of State [F3or the Commission] or a local authority by virtue of this Act; or
(b)situated in an area of archaeological importance.
(3)If a person without [F4written consent] removes any object of archaeological or historical interest which he has discovered by the use of a metal detector in a protected place he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.
[F5The reference in this subsection to written consent is to that of the Commission (where the place in question is situated in England) or of the Secretary of State (in any other case)]
(4)A consent granted by the Secretary of State [F6or the Commission] for the purposes of this section may be granted either unconditionally or subject to conditions.
(5)If any person—
(a)in using a metal detector in a protected place in accordance with any consent granted by the Secretary of State [F6or the Commission] for the purposes of this section; or
(b)in removing or otherwise dealing with any object which he has discovered by the use of a metal detector in a protected place in accordance with any such consent;
fails to comply with any condition attached to the consent, he shall be guilty of an offence and liable, in a case falling within paragraph (a) above, to the penalty provided by subsection (1) above, and in a case falling within paragraph (b) above, to the penalty provided by subsection (3) above.
(6)In any proceedings for an offence under subsection (1) above, it shall be a defence for the accused to prove that he used the metal detector for a purpose other than detecting or locating objects of archaeological or historical interest.
(7)In any proceedings for an offence under subsection (1) or (3) above, it shall be a defence for the accused to prove that he had taken all reasonable precautions to find out whether the place where he used the metal detector was a protected place and did not believe that it was.
Annotations:
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Amendments (Textual)
F1Words substituted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 60(2)(6)
F2Words substituted by virtue of Criminal Justice Act 1982 (c. 48), s. 46 and Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)
F3Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 60(3)(6)
F4Words substituted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 60(4)(6)
F5Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 60(4)(6)
F6Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 60(5)(6)
Modifications etc. (not altering text)
C1S. 42(1) excluded (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 4(12)
C2S. 42(3) excluded (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 4(13)
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