what is a designated wreck site?

Section 1 of the Protection of Wrecks Act 1973 (‘the 1973 Act’) gives powers to Scottish Ministers (through Historic Scotland) to declare historic wrecks and the sites of wrecks in Scotland’s territorial waters (out to 12 nautical miles), as protected areas.

Historic Scotland assesses the historic, artistic or archaeological importance of an historic wreck according to an agreed set of ‘significance criteria’. Designation decisions are discretionary, usually following a field assessment, consultations with relevant parties and recommendations from the UK-wide Advisory Committee on Historic Wreck Sites (ACHWS). Find out more here.

What does the Protection of Wrecks Act 1973 prevent?

It is a criminal offence to do any of the following in a protected area without a licence granted by the Scottish Ministers:

• tamper with, damage or remove any part of a vessel lying wrecked on or in the seabed or any object formerly contained in such a vessel;
• carry out diving or salvage operations directed to the exploration of any wreck or to removing objects from it or from the seabed, or uses equipment constructed or adapted for any purpose of diving or salvage operations.  
• deposit anything including anchors and fishing gear which, if it were to fall on the site, would obliterate, obstruct access to, or damage any part of the site; and
• to cause or permit any of the above activities to be carried out by others, without a licence, in a restricted area.

The licensing regime

The 1973 Act controls activities by a licensing regime so that these historic wrecks are not put at risk from unauthorised access, undisciplined activities or investigation.

‘Licensees’ play a very important role in the management of Scotland’s most important historic shipwrecks.