Part 2

Modifications of the Ancient Monuments and Archaeological Areas Act 1979

Defences

Offences under sections 2, 28 and 42: modification of defences
3
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the words “shall be guilty of an offence” are repealed.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
.
S. 3 in force at 1.12.2011 by S.S.I. 2011/372, art. 2, Sch.