[2] The primary reason for designation is to protect as a 'war grave' the last resting place of British servicemen (or other nationals); however, the Act does not require the loss of the vessel to have occurred during war.

Thus, the wreckage of a British military aircraft is automatically a protected place even if the physical remains have not been previously discovered or identified.

The Act makes it illegal to conduct any operations (including any diving or excavation) within the controlled site that might disturb the remains unless licensed to do so by the Ministry of Defence.

Licences have been granted for excavation of aircraft, provided that it is not thought that there are human remains present or unexploded ordnance.

[16] In the case of sunken vessels, any activities necessary, such as the recovery of extant human remains and the sealing of openings into wrecks, is generally carried out by Ministry of Defence diving teams.

The rights and wrongs of this activity was confused by conflicting statements from the Ministry of Defence, who, in 1973 stated that they had abandoned all claim to crashed planes and that any of official interest had been recovered.

Personal property of the aircrew is likely to be returned to next of kin, and military artefacts of historical interest are likely to be placed in the care of the Royal Air Force Museum, but the licensee may apply for ownership of other material.

[16] A large number of aircraft were lost in the sea off the south and east coasts of England during the Second World War.

A project undertaken in 2007–2008 by Wessex Archaeology, funded under the Aggregates Levy Sustainability Fund managed by English Heritage, looked at the potential of the historical resource of such wrecks and also for issuing guidance to the aggregates industry to manage the impact of finding remains.

[12] The Act was passed in 1986, partly in response to concerns over excavation of military aircraft, partly over public disquiet about the fate of sunken military ships and also because, in the aftermath of the Falklands War, public opinion supported the idea that a maritime war grave should be sacrosanct.

[21][22] In 2000, the diving associations, BSAC, PADI and SAA, with the support of the Maritime and Coastguard Agency, Ministry of Defence, Nautical Archaeology Society, and Joint Nautical Archaeology Policy Committee, launched a code of conduct for divers entitled "Respect our Wrecks", with the central message of look, don't touch.

[6] This revoked the first tranche, but re-designated the wrecks and added a further 29 protected places and 1 controlled site (the SM UB-81).

[29] The SS Storaa was a merchant vessel sunk by a German torpedo on 3 November 1943 while she was part of a military convoy.

[30] Rosemary Fogg and Valerie Ledgard (the claimants), the daughters of one of the men who died, Petty Officer James Varndell RN, requested that the Ministry of Defence designate the wreck.

[31] The High Court judge, Mr Justice Newmann, decided in favour of the claimants on 13 December 2005.

[7] The third tranche came into force on 1 May 2008, revoking the 2006 order, but re-designating the wrecks and adding 10 more vessels designated as protected places.