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Section 28 Offence of damaging certain ancient monuments.E1C1C2C3C4

England and Wales

(1)

A person who without lawful excuse destroys or damages any protected monument F1...—

(a)

knowing that it is a protected monument; and

(b)

intending to destroy or damage the monument or being reckless as to whether the monument would be destroyed or damaged;

shall be guilty of an offence.

F2(1A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

This section applies to anything done by or under the authority of the owner of the monument, other than an act for the execution of excepted works, as it applies to anything done by any other person.

In this subsection “excepted works” means works for which scheduled monument consent has been given under this Act (including any consent granted by order under section 3) F3or for which development consent has been granted.

(3)

In this section “protected monument” means any scheduled monument and any monument under the ownership or guardianship of the Secretary of State F4or the Commission or a local authority by virtue of this Act.

(4)

A person guilty of an offence under this section shall be liable—

(a)

on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or both; or

(b)

on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.

Annotations

Textual amendments

F1

Words in s. 28(1) omitted (E.W.) (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 34(a) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

F2

S. 28(1A) omitted (E.W.) (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 34(b) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

F3

Words in s. 28(2) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 18 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F4

Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 50

Modifications

C1

S. 28 excluded (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 4(9)

C2

S. 28 excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 9 para. 4(9)

C3

S. 28 excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 19 para. 1(9)

C4

S. 28 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 19 para. 1(9)

Extent

E1

This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Notes on Part I

Modifications

C1

Pt. I (ss. 1-32) extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para.10(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)