Section 42 Restrictions on use of metal detectors.E1

If a person uses a metal detector in a protected place without the written consent of the F1Commission (in a case of a place situated in England) F2... 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.

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—

  1. (a)

     the site of a scheduled monument or of any monument under the ownership or guardianship of the Secretary of State F4or the Commission or a local authority by virtue of this Act; or

  2. (b)

     situated in an area of archaeological importance.

If a person without F5written 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.

A consent granted by F8... F9the Commission for the purposes of this section may be granted either unconditionally or subject to conditions.

If any person—

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.

In any proceedings for an offence under subsection (1) above, it shall be a defence for the accused to prove that he used the metal detector for a purpose other than detecting or locating objects of archaeological or historical interest.

In any proceedings for an offence under subsection (1) or (3) above F11..., it shall be a defence for the accused to prove that he had taken all reasonable precautions to find out whether the place where he used the metal detector was a protected place and did not believe that it was.

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