Ancient Monuments and Archaeological Areas Act 1979

Restrictions on use of metal detectorsE+W+S

42 Restrictions on use of metal detectors.E+W+S

(1)If a person uses a metal detector in a protected place without the written consent [F1of Historic Environment Scotland (in the case of a place situated in Scotland),] of the [F2Commission (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 [F3level 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 [F4, Historic Environment Scotland] [F5or 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 [F6written 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.

(4)A consent granted by [F9Historic Environment Scotland,] the Secretary of State [F10or 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 [F11Historic Environment Scotland,] the Secretary of State [F10or 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 [F12prove] [F12show] 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 [F13prove that he had taken all reasonable precautions] [F13show that—

(a)he had taken all reasonable steps]

to find out whether the place where he used the metal detector was a protected place [F14and did not believe that it was.] [F14; and

(b)he did not know and had no reason to believe that that place was a protected place]