NCMD update

[TheNCMD]

Hi everyone

Here are a couple of updates from the NCMD

First, an explanation and a request

During this dreadful covi-19 period NCMD officers have, on occasions been pushed to the limit to ensure that the latest Government lockdown restrictions are interpreted correctly for our hobby. We have built good relationships with several Government departments and apply pressure when and where we can, but remember ’The government has the final say, not the NCMD’

Please, please, abide by the Government rules (no matter how unfair they appear) and above all stay safe, in doing so you will help the people closest to you to stay safe.

Here is a reminder of the latest covid-19 advice

Anyone organising a dig where they are planning to have more than 6 in attendance (including staff) will be running an event. So, this means, as an example, that anyone planning to have 12 people with 6 on each of two fields will be running an event.

Only a registered business or a charity can organise an event. Charities are defined below.
Where an event takes place, all attendees must be kept in groups of no more than 6 (unless from the same household). This means that the organiser must ensure all groups of 6 do not mingle at any time.

Event organisers must be covid secure and comply with track and trace legislation and the other event regulations, including liaising with local authorities, etc. Full guidance is in the link below (in the comments section). Please ensure you read the guidance fully.

Note all this guidance is backed by legislation in schedule 22 of the Coronavirus Act 2020. The police have legal powers to disperse groups of more than 6 and issue a £100 penalty ticket to individuals (£50 if paid within 14 days). This doubles with every extra offence, rising to £3,200 for six or more offences.
Additionally, organisers of illegal gatherings in England can be fined £10,000.

Charities are defined, in the regulations, as:

(d) a “charitable, benevolent or philanthropic institution” means—

(i) a charity, or
(ii) an institution, other than a charity, established for charitable, benevolent, or philanthropic purposes

Only organisations that have been established just for charitable purposes are therefore eligible. We must stress that anyone who is unsure should seek their own legal advice, although we are happy to answer questions via email where we can.

We have been seeking similar guidance for Scotland, Wales, and Northern Ireland and will publish this guidance as we receive it.

Digging Deep

We are delighted to say that the next issue of Digging Deep will be delivered to our members in December.

This will include, an introduction to the officers, a short profile of each individual accompanied by a photo.

A festive free draw for all our members. 50 membership numbers will be drawn from a random number selector, each winner will receive a £200 voucher.

With the ever-increasing numbers of individual members who have no idea what a ‘region’ is, we have profiled the North West Region, to show the joys and benefits belonging to a region can bring to hobbyists

There will be lots more reading including some traditional ‘look what I’ve found’ stories, also some new stories we hope you can identify with. We hope you enjoy

NCMD

[Pete E]

Just wanted to say a big "Thanks" to all the staff of the NCMD who are working on our behalf, and as our voice to Government during this crisis..

[Oxgirl]

I like Digging Deep - looking forward to seeing that

[muddy mick]

Its getting comical if im honest, a few weeks ago a dig organizer was cautioned by the Police after 103 people were on the dig, and he got off with a warning not a charity dig il add, let off with a warning, what the hell is that all about
Then now if im not mistaken its ok for charity digs to go ahead, as long as they have track and trace in situ, Charity digs or not, the organizers are still lining their own pockets, their not putting these events on for free,
I see several of these so called charity digs on lately with 100s in attendance and barely any social distancing, yet the rest if not most of the country are under severe regulations as to what we can and cannot do , In my mind this is not throwing a good light on our hobby at all, The finds will still be there next year or the year after, but some like to line their own pockets with charity as a excuse, whilst laughing all the way to the bank

[figgis]

Thanks for the update

Then now if im not mistaken its ok for charity digs to go ahead, as long as they have track and trace in situ

Only if the dig is organised by a registered business or charity If not registered, then no, you can't run one under the regulations.

[TheNCMD]

It is the understanding of the NCMD that charity digs are illegal unless the organizing body it has been set up purely for charitable purposes. So, for example, a metal detecting club raising money for charity does not qualify therefore cannot legally have more than 6 people on a dig.

Some of the rules have been set up by the Government to allow charities to operate or to raise money but were not intended as a ‘get out of the rules‘ card.

If rules are being misused and the authorities become aware, it is likely the offending groups will be stopped and the organisers fined.

Remember the NCMD is the messenger here, working to keep its members both legal and safe.

[jcmaloney]

The Law on "gatherings" - relevant extracts:
(i)it consists of no more than 30 persons,
(ii)it takes place—
(aa)at premises (other than a private dwelling) which are operated by a business, a charitable, benevolent or philanthropic institution or a public body,
(bb)at premises (other than a private dwelling) which are part of premises used for the operation of a business, a charitable, benevolent or philanthropic institution or a public body, or
(cc)in a public outdoor space which does not fall within paragraph (aa) or (bb),

For the purposes of paragraph (3)(1) “relevant outdoor activity” means a physical activity which is carried on outdoors and for which a licence, permit or certificate issued by a public body (other than a licence permitting a person to drive a motor vehicle in the United Kingdom or a licence to serve food or alcohol) to carry on the activity, or for any of the equipment used for the purposes of the activity, must be held by—
(a)the gathering organiser, or
(b)any person taking part in the activity.
(5G) The gathering organiser or manager (as the case may be) complies with this paragraph if, in relation to the relevant gathering, they—
(a)have carried out a risk assessment which would satisfy the requirements of regulation 3 of the Management of Health and Safety at Work Regulations 1999, whether or not the gathering organiser or manager is subject to those Regulations, and
(b)have taken all reasonable measures to limit the risk of transmission of the coronavirus, taking into account—
(i)the risk assessment carried out under sub-paragraph (a), and
(ii)any guidance issued by the government which is relevant to the gathering.

Source: https://www.legislation.gov.uk/uksi/2020/684

As I read it the law permits up to 30 as long as they arrive independently & well and do not congregate in groups of more than 6.

The organiser must record attendance and retain for 21 days and put in place Covid mitigation such as masks around parking areas and hand sanitisers etc.

This has been reported and approved for 3 static events we have organised in West Mercia & Leicestershire police areas since the Rule of Six came into force.

There was no material change to the restrictions on outdoor activity announced on the 22nd September.

Our events take place on a registered business property and we can be classified as a benevolent or philanthropic institution.