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The DCMS is responsible under the [Protection of Wrecks Act 1973|Bibliography#Protection of Wrecks Act 1973|target='_blank'] for the protection of wrecks, issuing licences for survey or excavation and for enforcing legislation in England. Historic Scotland (Scotland), Cadw (Wales) and DoENI (Northern Ireland) are responsible within their respective territories. At the beginning of 2005, there were fifty-seven designated wreck sites in UK waters (Figure 2). In Scotland Shetland Council holds a lease of an area of the seabed which covers c 15 wrecks.
Several forms of designation can apply at sea as the 'land based' regimes apply as well as some specific marine forms of designation. Scheduling has been used to protect a variety of monuments in intertidal and fully marine contexts around the UK, including the remains of ships. Examples include elements of D-Day infrastructure that have been scheduled off the coast of Essex and Kent. There are also some listed buildings in the sea, though they protrude above the surface, such as the sea forts of the Humber Estuary and the Solent, and Beachy Head lighthouse. A much wider range of Listed Buildings are connected to the shore but have their foundations in the sea - especially harbour walls and piers.
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At present, the principle form of heritage designation used at sea in English waters is the Protection of Wrecks Act 1973. As its title implies, this act can only be used to designate the remains of wrecks, including their former contents such as cargo. The Protection of Wrecks Act 1973 is used to designate an area within which a wreck lies; various activities within the designated area are restricted and can only take place under the authority of a licence. Designation can apply to the limit of the Territorial Sea (12 nautical miles; about 22 km) and in all tidal waters, including intertidal areas and estuarine waters that may be far upstream but still within the tidal limit.
The Protection of Wrecks Act 1973 is used in Wales and Northern Ireland as well as England, but it has been superceded in Scotland by the designation of Historic Marine Protected Areas (HMPAs) under the Marine (Scotland) Act 2010. HMPAs can be used to designate a very wide range of heritage assets, whilst in England recourse must be had to scheduling at sea if the heritage asset in need of protection is not a wreck.
In England, designation and licencing under the Protection of Wrecks Act 1973 is the responsibility of the Secretary of State for Culture Media and Sport, administered on behalf of DCMS by Historic England.
A further form of designation that affects heritage assets is provided by the Protection of Military Remains Act 1986. This can be used to protect wrecks by designating an area, or by adding the name of a wreck to a list - even if the location of the wreck is not known. Air crash sites are automatically protected by the Protection of Military Remains Act 1986. The the Protection of Military Remains Act 1986 also requires that a licence be obtained before excavating any place in search of military remains.
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