Ancient Monuments and Archaeological Areas Act 1979

28 Offence of damaging certain ancient monuments. E+W

(1) A person who without lawful excuse destroys or damages any protected monument [F1 situated in England]—

(a) knowing that it is a protected monument; and

(b) intending to destroy or damage the monument or being reckless as to whether the monument would be destroyed or damaged;

shall be guilty of an offence.

[F2 (1A) A person who without lawful excuse destroys or damages a protected monument situated in Wales is guilty of an offence if the person—

(a) knew or ought reasonably to have known that it was a protected monument; and

(b) intended to destroy or damage the monument or was reckless as to whether the monument would be damaged or destroyed.]

(2) This section applies to anything done by or under the authority of the owner of the monument, other than an act for the execution of excepted works, as it applies to anything done by any other person.

In this subsection “excepted works” means works for which scheduled monument consent has been given under this Act (including any consent granted by order under section 3) [F3 or for which development consent has been granted].

(3) In this section “protected monument” means any scheduled monument and 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.

(4) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or both; or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.

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 in s. 28(1) inserted (W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 16(2), 41(2)

F2 S. 28(1A) inserted (W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 16(3), 41(2)

F3 Words in s. 28(2) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 18 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F4 Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 50

Modifications etc. (not altering text)

C2 S. 28 excluded (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 4(9)

C3 S. 28 excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 9 para. 4(9)

C4 S. 28 excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 19 para. 1(9)

C5 S. 28 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 19 para. 1(9)

28 Offence of damaging certain ancient monuments. S

(1) A person who without [F5 reasonable] excuse destroys or damages any protected monument [F6 shall be guilty of an offence if the person]—

(a) [F7 knew or ought to have known that it was] a protected monument; and

(b) [F8 intended] to destroy or damage the monument or [F9 was] reckless as to whether the monument would be destroyed or damaged;

F10 ...

(2) This section applies to anything done by or under the authority of the owner of the monument, other than an act for the execution of excepted works, as it applies to anything done by any other person.

In this subsection “excepted works” means works for which scheduled monument consent has been given under this Act (including any consent granted by order under section 3) [F11 or for which development consent has been granted].

(3) In this section “protected monument” means any scheduled monument and any monument under the ownership or guardianship of the Secretary of State [F12 or the Commission] or a local authority by virtue of this Act.

(4) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding [F13 £50,000] or to imprisonment for a term not exceeding six months or both; or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.

[F14 (5) In determining the amount of any fine to be imposed on a person under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.]

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

F5 Word in s. 28(1) substituted (S.) (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 3(3)(a), 33(2); S.S.I. 2011/372, art. 2, Sch. (with savings in S.S.I. 2011/377, arts. 1(1), 2(b))

F6 Words in s. 28(1) inserted (S.) (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 3(3)(b), 33(2); S.S.I. 2011/372, art. 2, Sch. (with savings in S.S.I. 2011/377, arts. 1(1), 2(b))

F7 Words in s. 28(1)(a) substituted (S.) (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 3(3)(c), 33(2); S.S.I. 2011/372, art. 2, Sch. (with savings in S.S.I. 2011/377, arts. 1(1), 2(b))

F8 Word in s. 28(1)(b) substituted (S.) (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 3(3)(d)(i), 33(2); S.S.I. 2011/372, art. 2, Sch. (with savings in S.S.I. 2011/377, arts. 1(1), 2(b))

F9 Word in s. 28(1)(b) substituted (S.) (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 3(3)(d)(ii), 33(2); S.S.I. 2011/372, art. 2, Sch. (with savings in S.S.I. 2011/377, arts. 1(1), 2(b))

F10 Words in s. 28(1) repealed (S.) (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 3(3)(e), 33(2); S.S.I. 2011/372, art. 2, Sch. (with savings in S.S.I. 2011/377, arts. 1(1), 2(b))

F11 Words in s. 28(2) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 18 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F12 Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 50

F13 Words in s. 28(4) substituted (S.) (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 4(3)(a), 33(2); S.S.I. 2011/372, art. 2, Sch.

F14 S. 28(5) added (S.) (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 4(3)(b), 33(2); S.S.I. 2011/372, art. 2, Sch.

Modifications etc. (not altering text)

C6 S. 28 excluded (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 4(9)