Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997
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Change 1
70 Recovery of grants under section 69.
(1) This section applies to any grant under section 69 made on terms that it shall be recoverable under this section. (2) A grant shall be regarded as made on those terms only if before or on making the grant the Secretary of State gives to the grantee notice in writing— (a) summarising the effect of this section, and (b) if the grant is made for the purpose of defraying the whole or part of expenditure in relation to any particular property (“the grant property”), specifying the recovery period. (3) In this section “the recovery period” means the period, beginning with the day on which the grant is made and ending not more than 10 years after that day, during which the grant is recoverable in accordance with subsection (4). (4) Subject to subsection (4A), if during the recovery period the grantee disposes of the interest which was held by him in the grant property on the day on which the grant was made or any part of that interest by way of sale or excambion or lease for a term of not less than 21 years, the Secretary of State may recover the amount of the grant, or such part of it as he thinks fit, from the grantee. (4A) Where a condition imposed on the making of a grant to which this section applies specifies, or makes provision for calculating, the amount recoverable in the event of a disposal by the grantee of that interest, that amount is the amount recoverable under subsection (4) in respect of the disposal. (5) If the grantee gives the whole of that interest to any person (whether directly or indirectly, but otherwise than by will) subsection (4) shall have effect as if the donee were the grantee. (6) If the grantee gives part of that interest to any person (whether directly or indirectly but otherwise than by will) subsection (4) shall have effect as if any disposal or part disposal of that interest by the donee were a disposal by the grantee. (7) Subject to subsection (7A), if any condition imposed on the making of a grant to which this section applies is contravened or not complied with, the Secretary of State may recover the amount of the grant, or such part of it as he thinks fit, from the grantee. (7A) Where a condition referred to in subsection (7) specifies, or makes provision for calculating, the amount recoverable in the event of a condition being contravened or not complied with, that amount is the amount recoverable under subsection (7) in respect of the contravention or failure to comply with the condition. (8) Nothing in this section entitles the Secretary of State to recover amounts in the aggregate exceeding the amount of the grant (for example by virtue of a breach of more than one condition or disposals of several parts of an interest in the grant property).
70 Recovery of grants under section 69.
(1) This section applies to any grant under section 69 made on terms that it shall be recoverable under this section. (2) A grant shall be regarded as made on those terms only if before or on making the grant the Secretary of State gives to the grantee notice in writing— (a) summarising the effect of this section, and (b) if the grant is made for the purpose of defraying the whole or part of expenditure in relation to any particular property (“the grant property”), specifying the recovery period. (3) In this section “the recovery period” means the period, beginning with the day on which the grant is made and ending not more than 10 years after that day, during which the grant is recoverable in accordance with subsection (4). (4) Subject to subsection (4A), if during the recovery period the grantee disposes of the interest which was held by him in the grant property on the day on which the grant was made or any part of that interest by way of sale or excambion or lease for a term of not less than 21 years, the Secretary of State may recover the amount of the grant, or such part of it as he thinks fit, from the grantee. (4A) Where a condition imposed on the making of a grant to which this section applies specifies, or makes provision for calculating, the amount recoverable in the event of a disposal by the grantee of that interest, that amount is the amount recoverable under subsection (4) in respect of the disposal. (5) If the grantee gives the whole of that interest to any person (whether directly or indirectly, but otherwise than by will) subsection (4) shall have effect as if the donee were the grantee. (6) If the grantee gives part of that interest to any person (whether directly or indirectly but otherwise than by will) subsection (4) shall have effect as if any disposal or part disposal of that interest by the donee were a disposal by the grantee. (7) Subject to subsection (7A), if any condition imposed on the making of a grant to which this section applies is contravened or not complied with, the Secretary of State may recover the amount of the grant, or such part of it as he thinks fit, from the grantee. (7A) Where a condition referred to in subsection (7) specifies, or makes provision for calculating, the amount recoverable in the event of a condition being contravened or not complied with, that amount is the amount recoverable under subsection (7) in respect of the contravention or failure to comply with the condition. (8) Nothing in this section entitles the Secretary of State to recover amounts in the aggregate exceeding the amount of the grant (for example by virtue of a breach of more than one condition or disposals of several parts of an interest in the grant property).
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