Explanatory Notes

Historic Environment (Amendment) (Scotland) Act 2011

2011 asp 3

23 February 2011

The Act – Section by Section

Part 2 – Modifications of the Ancient Monuments and Archaeological Areas Act 1979

Section 4 – Fines: increases and duty of court in determining amount

11.Section 4 raises the level of fines on summary conviction under section 2 and section 28 of the 1979 Act to £50,000 for offences tried summarily.

12.Subsections (2)(b) and (3)(b) make it a requirement that the court, in determining the amount of the fine to be imposed on a person convicted of an offence under section 2 or 28 of the 1979 Act takes into account the extent of any financial gain that has accrued or is likely to accrue to the offender.