Part III Miscellaneous and Supplemental

Restrictions on use of metal detectors

C542 Restrictions on use of metal detectors.

C1C3C6C71

If a person uses a metal detector in a protected place without the written consent F10of Historic Environment Scotland (in the case of a place situated in Scotland), 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 F11, Historic Environment ScotlandF3or the Commission or a local authority by virtue of this Act; or

b

situated in an area of archaeological importance.

C2C4C83

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 F12of 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 F13Historic Environment Scotland, 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 F14Historic Environment Scotland, 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 F7proveF7show 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 F16relating to a protected place situated in England , it shall be a defence for the accused to F8prove that he had taken all reasonable precautionsF8show 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

F158

In proceedings for an offence under subsection (1) or (3) relating to a protected place situated in Wales, it is a defence for the accused to prove that the accused—

a

had taken all reasonable steps to find out whether the place in which the metal detector was used was a protected place; and

b

did not know, and had no reason to believe, that the place was a protected place.