Ancient Monuments and Archaeological Areas Act 1979

Changes over time for: Section 28

Version Superseded: 11/02/2021

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28 Offence of damaging certain ancient monuments.E+W+S

(1)A person who without [F1lawful] [F1reasonable] excuse destroys or damages any protected monument [F2situated in England] [F3shall be guilty of an offence if the person]—

(a)[F4knowing that it is] [F4knew or ought to have known that it was] a protected monument; and

(b)[F5intending] [F5intended] to destroy or damage the monument or [F6being] [F6was] reckless as to whether the monument would be destroyed or damaged;

[F7shall be guilty of an offence.]

[F8(1A)A person who without lawful excuse destroys or damages a protected monument situated in Wales is guilty of an offence if the person—

(a)knew or ought reasonably to have known that it was a protected monument; and

(b)intended to destroy or damage the monument or was reckless as to whether the monument would be damaged or destroyed.]

(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) [F9or 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 [F10or 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 [F11the statutory maximum] [F11£50,000] 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.

[F12(5)In determining the amount of any fine to be imposed on a person under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.]

Textual Amendments

F1Word in s. 28(1) substituted (S.) (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 3(3)(a), 33(2); S.S.I. 2011/372, art. 2, Sch.

F2Words in s. 28(1) inserted (E.W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 16(2), 41(2)

F3Words in s. 28(1) inserted (S.) (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 3(3)(b), 33(2); S.S.I. 2011/372, art. 2, Sch.

F4Words in s. 28(1)(a) substituted (S.) (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 3(3)(c), 33(2); S.S.I. 2011/372, art. 2, Sch.

F5Word in s. 28(1)(b) substituted (S.) (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 3(3)(d)(i), 33(2); S.S.I. 2011/372, art. 2, Sch.

F6Word in s. 28(1)(b) substituted (S.) (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 3(3)(d)(ii), 33(2); S.S.I. 2011/372, art. 2, Sch.

F7Words in s. 28(1) repealed (S.) (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 3(3)(e), 33(2); S.S.I. 2011/372, art. 2, Sch.

F8S. 28(1A) inserted (E.W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 16(3), 41(2)

F9Words 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)

F10Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 50

F11Words in s. 28(4) substituted (S.) (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 4(3)(a), 33(2); S.S.I. 2011/372, art. 2, Sch.