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Part IIIE+W+S Miscellaneous and Supplemental

Restrictions on use of metal detectorsE+W+S

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 [F1of Historic Environment Scotland (in the case of a place situated in Scotland),] of the [F2Commission (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 [F3level 3 on the standard scale].

(2)In this section—

(a)the site of a scheduled monument or of any monument under the ownership or guardianship of the Secretary of State [F4, Historic Environment Scotland] [F5or the Commission] or a local authority by virtue of this Act; or

(b)situated in an area of archaeological importance.

F6(3)If a person without [F7written 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.

[F8The reference in this subsection to written consent is to that [F6of Historic Environment Scotland (where the place in question is situated in Scotland),] 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 [F9Historic Environment Scotland,] the Secretary of State [F10or 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 [F11Historic Environment Scotland,] the Secretary of State [F10or 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 [F12prove] [F12show] 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 [F13prove that he had taken all reasonable precautions] [F13show that—

(a)he had taken all reasonable steps]

to find out whether the place where he used the metal detector was a protected place [F14and did not believe that it was.] [F14; and

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

Annotations:

Amendments (Textual)

F1Words in s. 42(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. 45(a) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F4Words in s. 42(2) 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. 45(b) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F6Words in s. 42(3) 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. 45(c) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F9Words in s. 42(4) 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. 45(d) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F11Words in s. 42(5)(a) 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. 45(e) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

Modifications etc. (not altering text)

C2S. 42(1) excluded (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 4(12)

C3S. 42(1) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 9 para. 4(12)

C5S. 42(3) excluded (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 4(13)

C6S. 42(3) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 9 para. 4(13)