Ancient Monuments and Archaeological Areas Act 1979

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 Secretary of State 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 £200.

(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 or a local authority by virtue of this Act; or

  (b)

  situated in an area of archaeological importance.

(3) If a person without the written consent of the Secretary of State 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.

(4) A consent granted by the Secretary of State 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 the Secretary of State 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, 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.