Part III Miscellaneous and Supplemental

Restrictions on use of metal detectors

42 Restrictions on use of metal detectors.

(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) F2... 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—

“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 F4or 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 F5written 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.

F6The reference in this subsection to written consent is to that of the Commission (where the place in question is situated in England) F7...

(4)

A consent granted by F8... F9the 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 F10... F9the 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 F11..., 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.

F12(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42 Restrictions on use of metal detectors.

(1)

If a person uses a metal detector in a protected place without the written consent F13of Historic Environment Scotland (in the case of a place situated in Scotland), of the F14Commission (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 F15level 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 F16, Historic Environment Scotland F17or 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 F18written 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.

F19The reference in this subsection to written consent is to that F20of 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 F21Historic Environment Scotland, the Secretary of State F22or 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 F23Historic Environment Scotland, the Secretary of State F22or 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 F24show 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 F25show that—

(a)

he had taken all reasonable steps to find out whether the place where he used the metal detector was a protected place F26; and

(b)

he did not know and had no reason to believe that that place was a protected place.