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

Defences

I13Offences under sections 2, 28 and 42: modification of defences

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the words “shall be guilty of an offence” are repealed.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