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Ancient Monuments and Archaeological Areas Act 1979
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Version Superseded: 01/12/2011
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28 Offence of damaging certain ancient monuments.E+W+S
(1)A person who without lawful excuse destroys or damages any protected monument—
(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.
(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) [F1or 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 [F2or 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.
Textual Amendments
F1Words 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)
F2Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 50
Modifications etc. (not altering text)
C1S. 28 excluded (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 4(9)
C2S. 28 excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 9 para. 4(9)
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