Ancient Monuments and Archaeological Areas Act 1979

42 Restrictions on use of metal detectors. E+W

(1) If a person uses a metal detector in a protected place without the written consent of the [F1 Commission (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 [F3 level 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 [F4 or 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 [F5 written 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.

[F6 The 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 ... [F9 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 F10 ... [F9 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 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 Words substituted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 60(2)(6)

F2 Words in s. 42(1) omitted (E.W.) (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 39(a) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

F3 Words substituted (E.W.) by virtue of Criminal Justice Act 1982 (c. 48), s. 46; and (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F4 Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 60(3)(6)

F5 Words substituted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 60(4)(6)

F6 Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 60(4)(6)

F7 Words in s. 42(3) omitted (E.W.) (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 39(b) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

F8 Words in s. 42(4) omitted (E.W.) (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 39(c) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

F9 Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 60(5)(6)

F10 Words in s. 42(5)(a) omitted (E.W.) (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 39(d) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

F11 Words in s. 42(7) omitted (E.W.) (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 39(e) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

F12 S. 42(8) omitted (E.W.) (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 39(f) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

Modifications etc. (not altering text)

C1 S. 42(1) excluded (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 4(12)

C2 S. 42(1) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 9 para. 4(12)

C3 S. 42(1) excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 19 para. 1(12)

C4 S. 42(1) excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 19 para. 1(12)

C5 S. 42(3) excluded (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 4(13)

C6 S. 42(3) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 9 para. 4(13)

C7 S. 42(3) excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 19 para. 1(13)

C8 S. 42(3) excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 19 para. 1(13)

42 Restrictions on use of metal detectors. S

(1) If a person uses a metal detector in a protected place without the written consent [F13 of Historic Environment Scotland (in the case of a place situated in Scotland),] of the [F14 Commission (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 [F15 level 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] [F17 or 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 [F18 written 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.

[F19 The reference in this subsection to written consent is to that [F20 of 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 [F21 Historic Environment Scotland,] the Secretary of State [F22 or 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 [F23 Historic Environment Scotland,] the Secretary of State [F22 or 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 [F24 show] 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 [F25 show 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].

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F13 Words 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.(with savings in S.S.I. 2015/239, arts. 1(1), 11)

F14 Words substituted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 60(2)(6)

F15 Words substituted (E.W.) by virtue of Criminal Justice Act 1982 (c. 48), s. 46; and (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F16 Words 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.

F17 Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 60(3)(6)

F18 Words substituted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 60(4)(6)

F19 Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 60(4)(6)

F20 Words 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.

F21 Words 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.

F22 Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 60(5)(6)

F23 Words 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.

F24 Word in s. 42(6) substituted (S.) (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 3(4)(a), 33(2); S.S.I. 2011/372, art. 2, Sch. (with savings in S.S.I. 2011/377, arts. 1(1), 2(c))

F25 Words in s. 42(7) substituted (S.) (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 3(4)(b)(i), 33(2); S.S.I. 2011/372, art. 2, Sch. (with savings in S.S.I. 2011/377, arts. 1(1), 2(c))

F26 Words in s. 42(7) substituted (S.) (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 3(4)(b)(ii), 33(2); S.S.I. 2011/372, art. 2, Sch. (with savings in S.S.I. 2011/377, arts. 1(1), 2(c))

Modifications etc. (not altering text)

C9 S. 42(1) excluded (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 4(12)

C10 S. 42(3) excluded (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 4(13)