PART 2ANCIENT MONUMENTS ETC
Modifications relating to offences
15Control of works affecting scheduled monuments
1
Section 2 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (control of works affecting scheduled monuments) is amended as follows.
2
In subsection (8), after “works within subsection (2)(a) or (c) above” insert “which have been executed in relation to a scheduled monument situated in England or land in, on or under which there is such a scheduled monument”.
3
After that subsection insert—
8A
In any proceedings for an offence under this section in relation to works within subsection (2)(a) or (c) which have been executed in relation to a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument, it is a defence for the accused to prove that, before executing the works or before causing or permitting their execution (as the case may be), the accused—
a
had taken all reasonable steps to find out whether there was a scheduled monument in the area affected by the works; and
b
did not know, and had no reason to believe, that the monument was within the area affected by the works or (as the case may be) that it was a scheduled monument.
16Damaging certain ancient monuments
1
Section 28 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (offence of damaging certain ancient monuments) is amended as follows.
2
In subsection (1), after “any protected monument” insert “situated in England”.
3
After that subsection insert—
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.
17Restrictions on use of metal detectors
1
Section 42 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (restrictions on use of metal detectors) is amended as follows.
2
In subsection (7), after “an offence under subsection (1) or (3) above” insert “relating to a protected place situated in England”.
3
After that subsection insert—
8
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.