Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Provisions supplementary to section 203

204. (1) A member of a relevant body may at any time accompany, or otherwise assist, any officer, agent or servant of the Minister, the Commissioners, the Board or a local authority in the performance of any of their functions under this Act.

(2) (a) A member of a relevant body may request any person encountered in the course of exercising powers under this Chapter to render such assistance as may be reasonable in the circumstances or to give his or her name and address.

(b) A person the subject of a request referred to in paragraph (a) shall comply with the request.

(3) (a) Where a member of a relevant body suspects that a person has committed an offence under this Act and so alleges to the person, the member may request the person to give his or her name and address.

(b) A person the subject of a request referred to in paragraph (a) shall comply with the request.

(4) (a) Where a member of a relevant body—

(i) has reasonable grounds for believing that an offence under this Act has been, or is being, committed,

(ii) finds any person in possession of an archaeological object, historic object, monument or wreck, and

(iii) has reasonable grounds for believing that the thing referred to in subparagraph (ii) is a thing in respect of which the offence referred to in subparagraph (i) took place or is taking place,

he or she may request the person to give an account of how he or she came to have the thing in his or her possession.

(b) A person the subject of a request referred to in paragraph (a) shall comply with the request.

(5) Subsection (4) shall not have effect unless the person concerned, when required to give the account, was told in ordinary language by the member concerned of the relevant body what the effect of the failure or refusal might be.

(6) Any information given in compliance with a requirement under subsection (4) shall not be admissible in evidence against that person in any proceedings, civil or criminal, other than proceedings for an offence for a contravention of paragraph (b) of that subsection.