Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Defence that person was acting as servant or agent

184. It shall be a defence for a person charged with an offence under this Act to show that the act constituting the offence was the subject of a new authorisation or old authorisation granted, issued or given under this Act or an enactment repealed by section 7 , as appropriate, to a person in relation to whom the person charged was acting as servant or agent provided—

(a) the act alleged to constitute the offence was carried out under and in accordance with such authorisation, and

(b) without prejudice to the generality of paragraph (a), the carrying out of the act alleged to constitute the offence by way of the employment or engagement of a servant or agent was in accordance with such authorisation.