Ancient Monuments and Archaeological Areas Act 1979

[F19MTemporary stop notices: offencesS

(1)A person who contravenes a temporary stop notice—

(a)which has been served on the person, or

(b)a copy of which has been displayed in pursuance of section 9K(4),

is guilty of an offence.

(2)Contravention of a temporary stop notice includes causing or permitting its contravention.

(3)An offence under this section may be charged by reference to a day or to a longer period of time.

(4)A person may, in relation to the same temporary stop notice, be convicted of more than one offence under this section by reference to different days or different periods.

(5)It is a defence in any proceedings under this section that—

(a)the temporary stop notice was not served on the accused, and

(b)the accused did not know, and could not reasonably have been expected to know, of its existence.

(6)A person guilty of an offence under this section is liable—

(a)on summary conviction, to a fine not exceeding £20,000,

(b)on conviction on indictment, to a fine.

(7)In determining the amount of the fine, the court is in particular to have regard to any financial benefit which has accrued or appears likely to accrue to the convicted person in consequence of the execution of the works which constituted the offence.]

Textual Amendments

F1Ss. 9A-9O and cross-heading inserted (S.) (30.6.2011 for specified purposes, 1.12.2011 in so far as not already in force) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 6(1), 33(2); S.S.I. 2011/174, art. 2, Sch.; S.S.I. 2011/372, art. 2, Sch.