(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) 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 [F2level 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 [F3or 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 [F4written 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.
[F5The reference in this subsection to written consent is to that 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 the Secretary of State [F6or 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 the Secretary of State [F6or 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 [F7prove] [F7show] 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 [F8prove that he had taken all reasonable precautions] [F8show that—
(a)he had taken all reasonable steps]
to find out whether the place where he used the metal detector was a protected place [F9and did not believe that it was.] [F9; and
(b)he did not know and had no reason to believe that that place was a protected place]
Textual Amendments
F1Words substituted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 60(2)(6)
F2Words substituted by virtue of Criminal Justice Act 1982 (c. 48), s. 46 and Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)
F3Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 60(3)(6)
F4Words substituted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 60(4)(6)
F5Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 60(4)(6)
F6Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 60(5)(6)
F7Word 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.
F8Words 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.
F9Words 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.
Modifications etc. (not altering text)
C1S. 42 savings for effects of 2011 asp 3 s. 3(4) (S.) (1.12.2011) by The Historic Environment (Amendment) (Scotland) Act 2011 (Saving, Transitional and Consequential Provisions) Order 2011 (S.S.I. 2011/377), arts. 1(1), 2(c)
C2S. 42(1) excluded (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 4(12)
C3S. 42(1) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 9 para. 4(12)
C4S. 42(3) excluded (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 4(13)
C5S. 42(3) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 9 para. 4(13)