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In force since 2022-10-01, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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Where compensation is payable under section 25 in respect of expenditure incurred in carrying out any works to a building, any compensation which then becomes payable in respect of the acquisition of an interest in the land in pursuance of a listed building purchase notice shall be reduced by an amount equal to the value of those works.
Propose a change(1) Where it appears to the planning authority— (a) that any works have been, or are being, executed to a listed building in their district, and (b) that the works are such as to involve a contravention of section 8(1) or (2), they may, if they consider it expedient to do so having regard to the effect of the works on the character of the building as one of special architectural or historic interest, serve a notice under this section (in this Act referred to as a “listed building enforcement notice”). (1A) A listed building enforcement notice shall specify the alleged contravention and shall (either or both)— (a) specify any works falling within subsection (1) which the authority requires to cease, (b) require steps falling within subsection (2) and specified in the notice to be taken. (2) Those steps are — (a) for restoring the building to its former state, (b) if the authority consider that such restoration would not be reasonably practicable or would be undesirable, for executing such further works specified in the notice as they consider are required to alleviate in a manner acceptable to them the effect of the works which were carried out without listed building consent, or (c) for bringing the building to the state it would have been in if the terms and conditions of any listed building consent for the works had been complied with. (3) In considering whether such restoration is undesirable under subsection (2)(b), the authority shall have regard to the desirability of preserving— (a) the character of the building, or (b) its features of architectural or historical interest. (4) Where such further works as are mentioned in subsection (2)(b) have been carried out on a building, listed building consent shall be deemed to have been granted in respect of the works carried out on that building. (5) A listed building enforcement notice— (a) shall specify the date upon which it is to take effect and, subject to section 35(3), shall take effect on that date, and (b) shall specify the period (the “period for compliance”) within which — (i) any works required to cease must cease, (ii) any steps required to be taken must be taken, and may specify different periods for different works or steps. and, where different periods apply to different steps, references in this Act to the period for compliance with a listed building enforcement notice, in relation to any step, are to the period within which the step is required to be taken. (5A) Where different periods apply to different works or steps, references in this Act to the period for compliance with a listed building enforcement notice, in relation to any works or step, are to the period within which the works are required to cease or the step is required to be taken. (5B) The date specified in the notice under subsection (5)(a) must be at least 28 days after the date on which the notice is served. (6) A copy of a listed building enforcement notice shall be served— (a) on the owner, on the lessee and on the occupier of the building to which it relates, and (b) on any other person having an interest in the building, being an interest which in the opinion of the authority is materially affected by the notice. (7) The planning authority may— (a) withdraw a listed building enforcement notice (without prejudice to their power to issue another), or (b) waive or relax any requirement of such a notice and, in particular, extend the period specified in accordance with subsection (5), and the powers conferred by this subsection may be exercised whether or not the notice has taken effect. (8) The planning authority shall, immediately after exercising the powers conferred by subsection (7), give notice of the exercise to every person who has been served with a copy of the listed building enforcement notice or would, if the notice were reissued, be served with a copy of it. (9) Every planning authority shall keep available for public inspection free of charge at reasonable hours and at a convenient place a list containing particulars of any building in their district in respect of which a listed building enforcement notice has been served.
Propose a change(1) A person on whom a listed building enforcement notice is served or any other person having an interest in the building to which it relates may, at any time before the date specified in the notice as the date on which it is to take effect, appeal to the Secretary of State against the notice on any of the following grounds— (a) that the building is not of special architectural or historic interest; (b) that the matters alleged to constitute a contravention of section 8(1) or (2) have not occurred; (c) that those matters (if they occurred) do not constitute such a contravention; (d) that— (i) works to the building were urgently necessary in the interests of safety or health, or for the preservation of the building, (ii) it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter, and (iii) the works carried out were limited to the minimum measures immediately necessary; (e) that listed building consent ought to be granted for the works, or that any relevant condition of such consent which has been granted ought to be discharged, or different conditions substituted; (f) that copies of the notice were not served as required by section 34(6); (g) except in relation to such a requirement as is mentioned in section 34(2)(b) or (c), that the requirements of the notice exceed what is necessary for restoring the building to its condition before the works were carried out; (h) that the period specified in the notice as the period within which any step required by the notice is to be taken falls short of what should reasonably be allowed; (i) that the steps required by the notice for the purpose of restoring the character of the building to its former state would not serve that purpose; (ia) that the cessation of any works required by the notice exceeds what is necessary to remedy the contravention of section 8(1) or (2), (j) that steps required to be taken by virtue of section 34(2)(b) exceed what is necessary to alleviate the effect of the works executed to the building; (k) that steps required to be taken by virtue of section 34(2)(c) exceed what may reasonably be required to bring the building to the state in which it would have been if the terms and conditions of the listed building consent had been complied with. (2) An appeal under this section shall be made ...— (a) by giving written notice of the appeal to the Secretary of State before the date specified in the listed building enforcement notice as the date on which it is to take effect, or (b) by sending such notice to him in a properly addressed and prepaid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date; or (c) by sending such notice to them using electronic communications at such time that, in the ordinary course of transmission, it would be delivered to them before that date (3) Where an appeal is brought under this section the notice shall be of no effect pending the final determination or withdrawal of the appeal. (4) A person who gives notice of appeal under this section shall submit to the Secretary of State, either when giving the notice or within such time as may be prescribed, a statement in writing— (a) specifying the grounds on which he is appealing against the listed building enforcement notice, and (b) giving such further information as may be prescribed. (5) Schedule 3 (which makes provision regarding the determination of certain appeals by a person appointed by the Secretary of State) applies in relation to appeals under this section.
Propose a change(1) The Secretary of State may prescribe the procedure to be followed on appeals under section 35, and may in particular— (a) require the planning authority to submit, within such time as may be prescribed, a statement indicating the submissions which they propose to put forward on the appeal, (b) specify the matters to be included in such a statement, (c) require the authority or the appellant to give such notice of such an appeal as may be prescribed to such persons as may be prescribed, and (d) require the authority to send to the Secretary of State, within such period from the date of the bringing of the appeal as may be prescribed, a copy of the enforcement notice and a list of the persons served with copies of it. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) On the determination of an appeal under section 35 the Secretary of State shall give directions for giving effect to the determination, including where appropriate directions for quashing the listed building enforcement notice. (2) On such an appeal the Secretary of State— (a) may— (i) correct any defect, error or misdescription in the listed building enforcement notice, or (ii) vary the terms of the listed building enforcement notice, if he is satisfied that the correction or variation will not cause injustice to the appellant or the planning authority, and (b) in a case where it would otherwise be a ground for determining the appeal in favour of the appellant that a person required by section 34(6) to be served with a copy of the notice was not served, may disregard that fact if he is satisfied that the person has not been substantially prejudiced by the failure to serve him. (3) The Secretary of State may— (a) dismiss such an appeal if the appellant fails to comply with section 35(4) within the prescribed time; (b) allow such an appeal or quash the listed building enforcement notice if the planning authority fail to comply within the prescribed period with any requirement imposed by regulations made by virtue of section 36(1)(a), (b) or (d). (4) On the determination of an appeal under section 35 the Secretary of State may— (a) grant listed building consent for the works to which the listed building enforcement notice relates, (b) discharge any condition subject to which such consent was granted and substitute any other condition, whether more or less onerous, or (c) direct Historic Environment Scotland to exercise its power under section 1 to amend the list compiled or approved under that section to give effect to that determination. (5) Any listed building consent granted by the Secretary of State under subsection (4) shall be treated as granted on an application for the same consent under section 9. (6) The validity of a listed building enforcement notice shall not, except by way of appeal under section 35, be questioned in any proceedings whatsoever on the grounds specified in section 35(1)(b) and (f).
Propose a change(1) If any of the steps specified in the listed building enforcement notice have not been taken within the period for compliance with the notice, the authority may— (a) enter on the land and take those steps, and (b) recover from the person who is then the owner or lessee of the land any expenses reasonably incurred by them in doing so. (2) Where a listed building enforcement notice has been served in respect of a building— (a) any expenses incurred by the owner, lessee or occupier of a building for the purpose of complying with it, and (b) any sums paid by the owner or lessee of a building under subsection (1) in respect of expenses incurred by the planning authority in taking steps required by it, shall be deemed to be incurred or paid for the use and at the request of the person who carried out the works to which the notice relates. (3) If on a complaint by the owner of any land it appears to the sheriff that the occupier of the land is preventing the owner from carrying out work required to be carried out by a listed building enforcement notice, the sheriff may by warrant authorise the owner to go on the land and carry out that work. (4) A planning authority taking steps under subsection (1) may sell any materials removed by them from the land unless those materials are claimed by the owner within 3 days of their removal. (5) After any such sale the planning authority shall pay the proceeds to the owner less the expenses recoverable by them from him. (6) Where a planning authority seek, under subsection (1), to recover any expenses from a person on the basis that he is the owner of any land, and such person proves that— (a) he is receiving the rent in respect of that land merely as trustee, tutor, curator, factor or agent of some other person, and (b) he has not, and since the date of the service on him of the demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority, his liability shall be limited to the total amount of the money which he has or has had in his hands on behalf of that other person. (7) A planning authority who by reason of subsection (6) have not recovered the whole of any such expenses from a trustee, tutor, curator, factor or agent may recover any unpaid balance from the person on whose behalf the rent is received. (8) Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Propose a change(1) Where, after the end of the period for compliance with the notice, any step required by a listed building enforcement notice to be taken has not been taken or any works required by the notice to cease have not ceased, the person who is for the time being owner of the land is in breach of the notice. (2) If at any time the owner of the land is in breach of a listed building enforcement notice he shall be guilty of an offence. (3) An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence. (4) In proceedings against any person for an offence under this section, it shall be a defence for him to show— (a) that he did everything he could be expected to do to secure that all the steps required by the notice were taken or that all works required by the notice to cease were ceased, , or (b) that he was not served with a copy of the listed building enforcement notice and was not aware of its existence. (5) A person guilty of an offence under this section shall be liable— (a) on summary conviction, to a fine not exceeding £20,000, and (b) on conviction on indictment, to a fine. (6) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.
Propose a change(1) Where a planning authority have reason to believe that, by virtue of subsection (1) of section 39, a person is in breach of a listed building enforcement notice they may, if the conditions in subsection (9) are satisfied, serve on the person a fixed penalty notice as respects that breach. (2) The fixed penalty notice is to specify (either or both)— (a) the works specified, under subsection (1A) of section 34, in the listed building enforcement notice which have not ceased, (b) the step specified, under that subsection, in the listed building enforcement notice which has not been taken. (3) No more than one fixed penalty notice may be served on a person as respects a breach by the person of a listed building enforcement notice. (4) For the purposes of this section, a “fixed penalty notice” is a notice offering the person the opportunity of discharging any liability to conviction for an offence under section 39 as respects the breach of the listed building enforcement notice. (5) The person discharges any such liability by paying to the planning authority, within the relevant period, a penalty of a prescribed amount specified in the fixed penalty notice. (6) The relevant period mentioned in subsection (5) is the period of 30 days immediately following the day on which the fixed penalty notice is served. (7) But if payment is made within the first 15 days of the period mentioned in subsection (6) the amount payable is reduced by 25%. (8) The fixed penalty notice is to identify the period mentioned in subsection (6) and is also to state that if payment is made within the first 15 days of that period the amount payable is reduced by 25%. (9) The conditions are that the fixed penalty notice— (a) is served within the period of 6 months which immediately follows the period for compliance with the listed building enforcement notice, (b) is not served after the person has been charged with an offence under section 39 as respects the breach of the listed building enforcement notice. (10) During the period mentioned in subsection (6) it is not competent to commence proceedings against the person for an offence under section 39 as respects that breach. (11) If the amount (or as the case may be the reduced amount) is timeously paid it is not competent to commence proceedings against the person for an offence under section 39 as respects that breach. (12) A penalty received by a planning authority by virtue of subsection (5) is to accrue to that authority. (13) In prescribing an amount for the purposes of subsection (5), the Scottish Ministers may make different provision for different cases or different classes of case, including provision for different amounts by reference to previous breaches of listed building enforcement notices relating to the same steps or works.
Propose a change(1) If, after the issue of a listed building enforcement notice, consent is granted under section 7(3)— (a) for the retention of any work to which the listed building enforcement notice relates, or (b) permitting the retention of works without complying with some condition subject to which a previous listed building consent was granted, the listed building enforcement notice shall cease to have effect in so far as such work is or such works are required by the notice to cease, or in so far as it requires steps to be taken involving the works not being retained or, as the case may be, for complying with that condition. (2) The fact that such a notice has wholly or partly ceased to have effect under subsection (1) shall not affect the liability of any person for an offence in respect of a previous failure to comply with that notice.
Propose a change(1) If it appears to the Secretary of State that it is expedient that a listed building enforcement notice should be served in respect of any land, he may himself serve such a notice under section 34. (2) A listed building enforcement notice served by the Secretary of State shall have the same effect as a notice served by the planning authority. (3) The Secretary of State shall not serve such a notice without consulting the planning authority. (4) The provisions of this Act relating to listed building enforcement notices apply, so far as relevant, to a listed building enforcement notice served by the Secretary of State as they apply to a listed building enforcement notice served by a planning authority, but with the substitution for any reference to the planning authority of a reference to the Secretary of State, and any other necessary modifications.
Propose a change(1) Subsection (2) applies where the planning authority consider it expedient that any relevant works should cease before the expiry of the period for compliance with a listed building enforcement notice. (2) The authority may, when they serve the copy of the listed building enforcement notice or afterwards, serve a notice (in this Act referred to as a “stop notice”) prohibiting the execution of the relevant works to the listed building to which the enforcement notice relates, or to any part of that building specified in the stop notice. (3) In this section and sections 41B and 41D, “relevant works” means any works specified in the listed building enforcement notice as works which the planning authority require to cease and any works carried out as part of, or associated with, such works. (4) A stop notice may not be served if the listed building enforcement notice has taken effect. (5) A stop notice must specify the date when it is to come into effect, and that date— (a) must not be earlier than 3 days after the date when the notice is served, unless the planning authority consider that there are special reasons for specifying an earlier date and a statement of those reasons is served with the stop notice, and (b) must not be later than 28 days from the date when the notice is first served on any person. (6) A stop notice may be served by the planning authority on any person who appears to them to have an interest in the building or who is executing, or causing to be executed, the relevant works specified in the listed building enforcement notice. (7) The planning authority may at any time withdraw a stop notice (without prejudice to their power to serve another) by notice which must be— (a) served on all persons who were served with the stop notice, and (b) publicised by displaying it for 7 days in place of all or any site notices (within the meaning of section 41B(4)).
Propose a change(1) A stop notice ceases to have effect when— (a) the listed building enforcement notice to which it relates is withdrawn or quashed, (b) the period for compliance expires, or (c) notice of the withdrawal of the stop notice is served under section 41A(7), whichever occurs first. (2) Where the listed building enforcement notice to which a stop notice relates is varied so that it no longer relates to any relevant works, the stop notice ceases to have effect in relation to those works. (3) The reference in subsection (2) to a listed building enforcement notice being varied includes a reference to— (a) a requirement of such a notice being waived or relaxed by virtue of section 34(7), (b) the terms of such a notice being varied on appeal by virtue of section 37(2)(a). (4) Where a stop notice has been served in respect of any listed building the planning authority may publicise it by displaying on the building a notice (in this section and in sections 41E and 76 referred to as a “site notice”)— (a) stating that a stop notice has been served on a particular person or persons, (b) indicating its requirements, and (c) stating that any person contravening it may be prosecuted for an offence under section 41E. (5) A stop notice is not invalid by reason that a copy of the listed building enforcement notice to which it relates was not served as required by section 34 if it is shown that the planning authority took all such steps as were reasonably practicable to effect proper service.
Propose a change(1) If it appears to the Scottish Ministers that it is expedient that a stop notice should be served in respect of any building they may themselves serve such a notice under section 41A. (2) A stop notice served by the Scottish Ministers has the same effect as if it had been served by the planning authority. (3) The Scottish Ministers must not serve such a notice without consulting the planning authority. (4) The provisions of this Act relating to stop notices apply, so far as relevant, to a stop notice served by the Scottish Ministers as they apply to a stop notice served by a planning authority, but with the substitution for any reference to the planning authority of a reference to the Scottish Ministers, and any other necessary modifications.
Propose a change(1) Where a stop notice ceases to have effect a person who, when the notice is first served, has an interest (whether as owner or occupier or otherwise) in the building to which the notice relates is entitled to be compensated by the planning authority in respect of any loss or damage falling within subsection (2). (2) That is loss or damage directly attributable to— (a) the prohibition contained in the stop notice or, (b) in a case within subsection (3)(b), the prohibition of such of the works prohibited by the stop notice as cease to be relevant works. (3) For the purposes of this section, a stop notice ceases to have effect when— (a) the listed building enforcement notice is quashed on grounds other than those mentioned in paragraph (e) of section 35(1), (b) the listed building enforcement notice is varied (otherwise than on the grounds mentioned in that paragraph) so that any works the execution of which are prohibited by the stop notice cease to be relevant works, (c) the listed building enforcement notice is withdrawn by the planning authority otherwise than in consequence of the grant by them of listed building consent for the works to which the notice relates, or (d) the stop notice is withdrawn. (4) The reference in subsection (3)(b) to a listed building enforcement notice being varied includes a reference to— (a) a requirement of such a notice being waived or relaxed by virtue of section 34(7), (b) the terms of such a notice being varied on appeal by virtue of section 37(2)(a). (5) A claim for compensation under this section must be made to the planning authority within the prescribed time and in the prescribed manner. (6) The loss or damage in respect of which compensation is payable under this section in respect of a prohibition includes any sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the prohibition. (7) No compensation is payable under this section— (a) in respect of the prohibition in a stop notice of any works which, at any time when the notice is in force, are such as to involve a contravention of section 8(1) or (2), or (b) in the case of a claimant who was required to provide information under section 272 of the principal Act (power to require information as to interests in land) in respect of any loss or damage suffered by the claimant which could have been avoided if the claimant had provided the information or had otherwise co-operated with the planning authority when responding to the notice. (8) Except in so far as may be otherwise provided by any regulations made under this Act, any question of disputed compensation under this section is to be referred to and determined by the Lands Tribunal for Scotland. (9) In relation to the determination of any such question, the provisions of sections 9 (procedure on references under section 8) and 11 (expenses) of the Land Compensation (Scotland) Act 1963 (c.51) apply subject to any necessary modifications and to the provisions of any regulations made under this Act.
Propose a change(1) A person who contravenes a stop notice after a site notice has been displayed, or after the stop notice has been served on the person, is guilty of an offence. (2) Contravention of a stop notice includes causing or permitting its contravention. (3) An offence under this section may be charged by reference to any day or longer period of time. (4) A person may, in relation to the same stop notice, be convicted of more than one offence under this section by reference to different days or different periods. (5) It is a defence in any proceedings under this section that— (a) the stop notice was not served on the accused, and (b) the accused had no reasonable cause to believe that the works were prohibited by the stop notice. (6) A person guilty of an offence under this section is liable— (a) on summary conviction, to a fine not exceeding £20,000, and (b) on conviction on indictment, to a fine. (7) In determining the amount of the fine, the court is in particular to have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.
Propose a change(1) Where it appears to the planning authority that— (a) any works have been, or are being, executed to a listed building in their district, (b) the works are such as to involve a contravention of section 8(1) or (2), and (c) it is expedient that the works are (or any part of the works is) stopped immediately, they may, if they consider it expedient to do so having regard to the effect of the works on the character of the building as one of special architectural or historic interest, issue a temporary stop notice. (2) The notice must be given in writing and must— (a) specify the works in question, (b) prohibit execution of the works (or so much of the works as is specified in the notice), and (c) set out the authority's reasons for issuing the notice. (3) A temporary stop notice may be served on any of the following— (a) a person who appears to the authority to be executing, or causing to be executed, the works, (b) a person who appears to the authority to have an interest in the building (whether as owner or occupier or otherwise). (4) The authority must display on the building— (a) a copy of the notice, and (b) a statement as to the effect of section 41H. (5) A temporary stop notice has effect from the time a copy of it is first displayed in pursuance of subsection (4). (6) A temporary stop notice ceases to have effect at the end of the period of 28 days starting on the day the copy notice is so displayed. (7) But if a shorter period starting on that day is specified in the notice, the notice instead ceases to have effect at the end of that shorter period. (8) And if the notice is withdrawn by the authority before that period of 28 days (or, as the case may be, that shorter period) expires, the notice ceases to have effect on being so withdrawn.
Propose a change(1) A temporary stop notice does not prohibit the execution of works (either or both)— (a) of such description, (b) in such circumstances, as may be prescribed. (2) A second or subsequent temporary stop notice must not be issued in respect of the same works unless the planning authority have in the meantime taken some other enforcement action in relation to the contravention of section 8(1) or (2) which is constituted by the works. (3) In subsection (2), “enforcement action” includes obtaining the grant of an interdict under section 146(2) of the principal Act (interdicts restraining breaches of planning control).
Propose a change(1) A person who contravenes a temporary stop notice— (a) which has been served on the person, or (b) a copy of which has been displayed in pursuance of section 41F(4), is guilty of an offence. (2) Contravention of a temporary stop notice includes causing or permitting its contravention. (3) An offence under this section may be charged by reference to a day or to a longer period of time. (4) A person may, in relation to the same temporary stop notice, be convicted of more than one offence under this section by reference to different days or different periods. (5) It is a defence in any proceedings under this section that— (a) the temporary stop notice was not served on the accused, and (b) the accused did not know, and could not reasonably have been expected to know, of its existence. (6) A person convicted of an offence under this section is liable— (a) on summary conviction, to a fine not exceeding £20,000, (b) on conviction on indictment, to a fine. (7) In determining the amount of the fine, the court is in particular to have regard to any financial benefit which has accrued or appears likely to accrue to the convicted person in consequence of the execution of the works which constituted the offence.
Propose a change(1) A person who, at the date on which a temporary stop notice is first displayed in pursuance of section 41F(4), has an interest (whether as owner or occupier or otherwise) in the building to which the notice relates is entitled to be compensated by the planning authority in respect of any loss or damage directly attributable to the prohibition effected by that notice. (2) But subsection (1) applies only if the circumstances are as set out in one or both of the following paragraphs— (a) the works specified in the notice are authorised by listed building consent granted on or before the date mentioned in that subsection, (b) the authority withdraws the notice other than following such grant of listed building consent as is mentioned in paragraph (a). (3) Subsections (5) to (9) of section 41D apply to compensation payable under this section as they apply to compensation payable under that section; and for the purpose of that application the reference in section 41D(7) to a stop notice is to be taken to be a reference to a temporary stop notice.
Propose a change(1) If it appears to the Secretary of State that reasonable steps are not being taken for properly preserving a listed building, he— (a) may authorise the planning authority for the district in which the building is situated to acquire compulsorily under this section the building and any relevant land, or (b) may himself compulsorily acquire them under this section. (2) The Secretary of State shall not make or confirm a compulsory purchase order for the acquisition of any building by virtue of this section unless he is satisfied that it is expedient to make provision for the preservation of the building and to authorise its compulsory acquisition for that purpose. (3) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to the compulsory acquisition of land under this section and accordingly shall have effect— (a) as if this section had been in force immediately before the commencement of that Act, and (b) as if references in it to the Minister of Transport and to the enactments specified in section 1(1)(b) of that Act included respectively references to the Secretary of State and to this section. (4) Any person having an interest in a building which it is proposed to acquire compulsorily under this section may, within 28 days after the service of the notice required to be served under paragraph 3(b) of Schedule 1 to that Act of 1947, apply to the sheriff for an order prohibiting further proceedings on the compulsory purchase order. (5) If on an application under subsection (4) the sheriff is satisfied that reasonable steps have been taken for properly preserving the building, he shall make an order accordingly. (6) Any person aggrieved by the decision of the sheriff on an application under subsection (4) may appeal against the decision to the Court of Session, but only on a question of law. (6A) This section does not permit the acquisition of any interest in Crown land unless— (a) it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and (b) the appropriate authority consents to the acquisition. (7) In this section “relevant land”, in relation to any building, means the land comprising or contiguous or adjacent to it which appears to the Secretary of State to be required for preserving the building or its amenities, or for affording access to it, or for its proper control or management.
Propose a change(1) The compulsory purchase of a building under section 42 shall not be started by the planning authority or by the Secretary of State unless at least 2 months previously the authority or, as the case may be, the Secretary of State has served on the owner of the building a notice under this section (in this section referred to as a “repairs notice”)— (a) specifying the works which the authority or, as the case may be, the Secretary of State considers reasonably necessary for the proper preservation of the building, and (b) explaining the effect of sections 42 to 45, and the repairs notice has not been withdrawn. (2) Where— (a) a building is demolished after a repairs notice has been served in respect of it by a planning authority or the Secretary of State, but (b) the Secretary of State is satisfied that he would have confirmed or, as the case may be, would have made a compulsory purchase order in respect of the building had it not been demolished, the demolition of the building shall not prevent the authority or the Secretary of State from being authorised under section 42 to acquire compulsorily the site of the building. (3) A planning authority or the Secretary of State may at any time withdraw a repairs notice served by them or him on any person and shall, in that event, immediately give him notice of the withdrawal. (4) Where a repairs notice has been served on a person in respect of a building, he shall not be entitled to serve a listed building purchase notice in respect of it until the expiration of 3 months beginning with the date of the service of the repairs notice or, if during that period the compulsory acquisition of the building is begun under section 42, unless and until the compulsory acquisition is discontinued. (5) For the purposes of this section a compulsory acquisition— (a) is started when the planning authority or the Secretary of State, as the case may be, serves the notice required by paragraph 3(b) of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, and (b) is discontinued— (i) in the case of acquisition by the Secretary of State, when he decides not to make the compulsory purchase order, and (ii) in any other case, where the order is withdrawn or the Secretary of State decides not to confirm it.
Propose a changeSubject to section 45, for the purpose of assessing compensation in respect of any compulsory acquisition of land including a building which immediately before the date of the compulsory purchase order was listed, it shall be assumed that listed building consent would be granted— (a) for any works for the alteration or extension of the building, or (b) for the demolition of the building for the purpose of development of any class specified in Schedule 11 to the principal Act (development not constituting new development).
Propose a change(1) If a planning authority— (a) propose to acquire a building compulsorily under section 42, and (b) are satisfied that the building has been deliberately allowed to fall into disrepair for the purpose of justifying its demolition and the development or redevelopment of the site or any adjoining site, they may make a direction for minimum compensation. (2) Subject to the provisions of this section, if the Secretary of State acquires a building compulsorily under section 42 he may, if he is satisfied as mentioned in subsection (1)(b), include a direction for minimum compensation in the compulsory purchase order. (3) Without prejudice to so much of paragraph 3(b) of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (notices stating effect of compulsory purchase order or, as the case may be, draft order) as requires the notice to state the effect of the order, the notice required to be served in accordance with that provision shall— (a) include a statement that the authority have made a direction for minimum compensation or, as the case may be, that the Secretary of State has included such a direction in the draft order prepared by him in accordance with paragraph 7 of that Schedule, and (b) explain the meaning of the expression “direction for minimum compensation”. (4) A direction for minimum compensation in relation to a building compulsorily acquired is a direction that for the purpose of assessing compensation it is to be assumed, notwithstanding anything to the contrary in the Land Compensation (Scotland) Act 1963, the principal Act or this Act— (a) that planning permission would not be granted for any development or redevelopment of the site of the building, and (b) that listed building consent would not be granted for any works for the demolition, alteration or extension of the building other than development or works necessary for restoring it to, and maintaining it in, a proper state of repair. (5) If— (a) a planning authority have made a direction for minimum compensation and the Secretary of State confirms the compulsory purchase order relating to the acquisition of the building in question, or (b) the Secretary of State, under subsection (2) above, includes such a direction in a compulsory purchase order made by him, the compensation in respect of the compulsory acquisition shall be assessed in accordance with the direction. (6) Where a planning authority make a direction for minimum compensation, or the Secretary of State includes such a direction in a draft compulsory purchase order prepared by him, any person having an interest in the building may, within 28 days after the service of the notice mentioned in subsection (3), apply to the sheriff for an order that the planning authority’s direction for minimum compensation be reversed or, as the case may be, that such a direction be not included in the compulsory purchase order as made by the Secretary of State. (7) If the sheriff is satisfied that the building has not been deliberately allowed to fall into disrepair for the purpose mentioned in subsection (1), he shall make the order applied for. (8) A person aggrieved by the decision of the sheriff on an application under subsection (6) may appeal against the decision to the Court of Session, but only on a question of law. (9) The rights conferred by subsections (6) and (8) shall not prejudice those conferred by section 42(4) and (6).
Propose a change(1) Subject to the provisions of this section, upon the completion by the acquiring authority of a compulsory acquisition of land under section 42— (a) all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land and all other rights or servitudes in or relating to that land shall be extinguished, and (b) any such apparatus shall vest in the acquiring authority. (2) Subsection (1) shall not apply to— (a) any right vested in, or apparatus belonging to, statutory undertakers for the purpose of the carrying on of their undertaking, (b) any right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network , or (c) any electronic communications apparatus kept installed for the purposes of any such network . (3) In respect of any right or apparatus not falling within subsection (2), subsection (1) shall have effect subject to— (a) any direction given by the acquiring authority before the completion of the acquisition that subsection (1) shall not apply to any right or apparatus specified in the direction, and (b) any agreement which may be made (whether before or after the completion of the acquisition) between the acquiring authority and the person in or to whom the right or apparatus in question is vested or belongs. (4) Any person who suffers loss by the extinguishment of a right or servitude or the vesting of any apparatus under this section shall be entitled to compensation from the acquiring authority. (5) Any compensation payable under this section shall be determined in accordance with the Land Compensation (Scotland) Act 1963.
Propose a change(1) A planning authority may acquire by agreement— (a) any building appearing to them to be of special architectural or historic interest, and (b) any land comprising or contiguous or adjacent to such a building which appears to them to be required— (i) for preserving the building or its amenities, (ii) for affording access to it, or (iii) for its proper control or management. (2) The enactments mentioned in subsection (3) shall apply in relation to the acquisition of land under subsection (1). (3) Those enactments are— (a) the Lands Clauses Acts (except the provisions relating to the purchase of land otherwise than by agreement and the provisions relating to access to the special Act, and except sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845), and (b) sections 6 and 70 of the Railways Clauses Consolidation (Scotland) Act 1845, and sections 71 to 78 of that Act, as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923. (4) For the purposes of the application of those enactments— (a) this section shall be deemed to be the special Act, and (b) references to the promoters of the undertaking or to the company shall be construed as references to the authority authorised to acquire the land under this section.
Propose a change(1) Where a planning authority acquire any building or other land under section 42(1) or 47(1)(a) or (b), they may make such arrangements as to its management, use or disposal as they consider appropriate for the purpose of its preservation. (2) Where the Secretary of State acquires any building or other land under section 42(1), he may— (a) make such arrangements as he thinks fit as to the management, custody or use of the building or land, and (b) dispose of or otherwise deal with any such building or land as he may from time to time determine.
Propose a change(1) A planning authority may execute any works which appear to them to be urgently necessary for the preservation of a listed building in their district. (2) The Secretary of State may execute any works which appear to him to be urgently necessary for the preservation of a listed building. (3) The works which may be executed under this section may consist of or include works for affording temporary support or shelter for the building and preventative works necessary to limit any deterioration of the building . (4) If the building is occupied works may be carried out only to those parts which are not in use. (5) The owner of the building shall be given not less than 7 days’ notice in writing of the intention to carry out the works. (6) The notice shall describe the works proposed to be carried out.
Propose a change(1) This section has effect for enabling the expenses of works executed under section 49 to be recovered. (2) The planning authority or, as the case may be, the Secretary of State may give notice to the owner of the building requiring him to pay the expenses of the works. (3) Where the works consist of or include works for affording temporary support or shelter for the building— (a) the expenses which may be recovered include any continuing expenses involved in making available the apparatus or materials used, and (b) notices under subsection (2) in respect of any such continuing expenses may be given from time to time. (4) The owner may within 28 days of the service of the notice represent to the Secretary of State— (a) that some or all of the works were unnecessary for the preservation of the building, (b) in the case of works for affording temporary support or shelter, that the temporary arrangements have continued for an unreasonable length of time, or (c) that the amount specified in the notice is unreasonable or that the recovery of it would cause him hardship, and the Secretary of State shall determine to what extent the representations are justified. (5) The Secretary of State shall give notice of his determination, the reasons for it and the amount recoverable— (a) to the owner of the building, and (b) to the planning authority, if they carried out the works. (6) Where a person to whom notice has been given under subsection (2) ceases, during the 28 day period mentioned in subsection (4), to be the owner of the building, a person may within 28 days of becoming the new owner of the building represent to the Scottish Ministers a matter mentioned in any of paragraphs (a) to (c) of subsection (4); and the Scottish Ministers shall determine to what extent the representations are justified. (7) Subsection (5) applies to a determination under subsection (6) as it applies to a determination under subsection (4).
Propose a change(1) An owner of a listed building who is liable for expenses under section 50(2) does not, by virtue only of ceasing to be such an owner, cease to be liable for those expenses. (2) Subject to subsection (3), where a person becomes an owner of a listed building (any such person being referred to in this section as a “new owner”) that person is severally liable with any former owner of the building for any expenses for which the former owner is liable under section 50(2). (3) A new owner is liable as mentioned in subsection (2) only if the condition mentioned in subsection (4) or subsection (5) is met. (4) The condition is that— (a) a notice (a “notice of liability for expenses”) in the form prescribed under section 50G is registered in relation to the building, (b) the notice was registered at least 14 days before the acquisition date, and (c) the notice has not expired before the acquisition date. (5) The condition is that— (a) a notice of renewal (within the meaning of section 50C) in relation to the building is registered, and (b) that notice has not expired before the acquisition date (6) A notice of liability for expenses is to specify— (a) the expenses mentioned in subsection (2), and (b) the works to which the expenses relate. (7) In this section, “acquisition date” means the date on which the new owner acquired right to the listed building. (8) Where a new owner of a listed building pays any expenses for which a former owner of the building is liable, the new owner may recover the amount so paid from the former owner. (9) A person who is entitled to recover an amount under subsection (8) does not, by virtue only of ceasing to be the owner of the listed building, cease to be entitled to recover that amount. (10) This section applies as respects any expenses for which an owner of a listed building becomes liable on or after the day on which this section comes into force.
Propose a change(1) A notice of liability for expenses— (a) may be registered only on the application of the Scottish Ministers or a planning authority, (b) may be registered in respect of expenses of different works executed on a listed building, (c) expires at the end of the period of 5 years beginning with the date of its registration. (2) The Keeper of the Registers of Scotland is not required to investigate or determine whether the information contained in any notice of liability for expenses submitted for registration is accurate.
Propose a change(1) Subsection (2) applies where— (a) a notice of liability for expenses in relation to a listed building is registered, and (b) that notice has not expired. (2) A notice (a “notice of renewal”) in the form prescribed by section 50G specifying the same expenses and works as those specified in the notice of liability for expenses may be registered. (3) A second or subsequent notice of renewal in respect of the same expenses and works specified in the notice of liability for expenses mentioned in subsection (1) may be registered. (4) A second or subsequent notice of renewal may not be registered if an earlier notice of renewal has expired. (5) Where the notice of liability for expenses mentioned in subsection (1) was registered on the application of— (a) the Scottish Ministers, a notice of renewal may be registered only on the application of the Scottish Ministers, (b) a planning authority, a notice of renewal may be registered only on the application of that authority. (6) A notice of renewal expires at the end of the period of 5 years beginning with the date of its registration. (7) The Keeper of the Registers of Scotland is not required to investigate or determine whether the information contained in any notice of renewal submitted for registration is accurate.
Propose a change(1) Subsections (2) and (3) apply where— (a) a notice of liability for expenses (in this section, the “original notice”) in relation to a listed building, or a notice of renewal in relation to the original notice, is registered, and (b) the owner of the listed building has made representations to the Scottish Ministers under section 50(4) or (6). (2) Where the original notice was registered on the application of a planning authority, the authority must, as soon as reasonably practicable after the Scottish Ministers give notice of their determination under section 50(5), apply to register a notice (a “notice of determination”) in the form prescribed under section 50G. (3) Where the original notice was registered on the application of the Scottish Ministers, the Scottish Ministers must, as soon as reasonably practicable after making their determination under section 50(4) or (6), apply to register a notice of determination. (4) A notice of determination must specify the amount given by the Scottish Ministers as the amount recoverable in connection with a notice of determination under section 50(5). (5) Where the amount recoverable (“amount A”) is less than the amount specified as the expenses of the works in the original notice (“amount B”), amount B is, on registration of the notice of determination, to be treated as amount A. (6) The Keeper of the Registers of Scotland is not required to investigate or determine whether the information contained in any notice of determination submitted for registration is accurate.
Propose a change(1) Subsections (2) and (3) apply where— (a) a notice of liability for expenses (in this section, the “original notice”) in relation to a listed building, or a notice of renewal in relation to the original notice, is registered, and (b) any liability for expenses under section 50(2) to which the original notice relates has been fully discharged. (2) Where the original notice was registered on the application of a planning authority, the authority must apply to register a notice (a “notice of discharge”) in the form prescribed under section 50G stating that liability has been fully discharged. (3) Where the original notice was registered on the application of the Scottish Ministers, the Scottish Ministers must apply to register a notice of discharge. (4) On being registered, a notice of discharge— (a) discharges the notice of liability for expenses, or (b) where a notice of renewal in relation to the original notice is registered, discharges the notice of renewal. (5) The Keeper of the Registers of Scotland is not required to investigate or determine whether the information contained in any notice of discharge submitted for registration is accurate.
Propose a changeIn relation to— (a) a notice of liability for expenses, (b) a notice of renewal, (c) a notice of determination, (d) a notice of discharge, “register” means register the information contained in the notice in question in the Land Register of Scotland or, as appropriate, record the notice in question in the Register of Sasines; and “registered” and other related expressions are to be construed accordingly.
Propose a change(1) The Scottish Ministers may prescribe— (a) the form of the notices mentioned in subsection (2), and (b) the information to be contained in such notices (in addition to any required to be contained in them by virtue of any other provision of this Act). (2) The notices are— (a) a notice of liability for expenses, (b) a notice of renewal, (c) a notice of determination, (d) a notice of discharge.
Propose a change(1) A local authority may contribute towards the expenses incurred or to be incurred in the repair or maintenance— (a) of a listed building which is situated in or in the vicinity of their area, or (b) of a building in their area which is not listed but appears to them to be of architectural or historic interest. (2) At the time of making such a contribution the local authority may also contribute towards the expenses incurred, or to be incurred, in the upkeep of any garden occupied with the building and contiguous or adjacent to it. (3) A contribution under this section may be made by grant or loan. (4) A contribution by way of loan may be made upon such terms and conditions as the local authority may determine including (but without prejudice to the foregoing) a term that the loan shall be free of interest. (5) A local authority— (a) may renounce their right to repayment of such a loan or any interest for the time being outstanding, and (b) by agreement with the borrower may otherwise vary any of the terms and conditions on which such a loan is made. (5A) A contribution under this section by way of grant may be made subject to such conditions as the local authority may determine. (6) Without prejudice to the generality of subsection (5A), a local authority may require as a condition of the making by them of a contribution under this section by way of grant towards the expenses of the repair or maintenance or upkeep of any property that the person to whom the grant is made shall enter into an agreement with them for the purpose of enabling the public to have access to the property or part of it during such period and at such times as the agreement may provide.
Propose a change(1) Subject to subsection (1A), if, during the period of 3 years beginning with the day on which a grant is made under section 51 towards the repair or maintenance or upkeep of any property (“the grant property”), the grantee disposes of the interest held by him in the property on that day or any part of that interest, by way of sale or excambion or lease for a term of not less than 21 years, the local authority may recover the amount of the grant, or such part of it as they think fit, from the grantee. (1A) 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 (1) in respect of the disposal. (2) If the grantee gives the whole of that interest to any person (whether directly or indirectly, but otherwise than by will) subsection (1) shall have effect as if the donee were the grantee. (3) If the grantee gives part of that interest to any person (whether directly or indirectly, but otherwise than by will) subsection (1) shall have effect as if any disposal or part disposal of that interest by the donee were a disposal by the grantee. (4) Subject to subsection (4A), if any condition imposed on the making of a grant to which this section applies is contravened or not complied with, the local authority may recover the amount of the grant, or such part of it as they think fit, from the grantee. (4A) Where a condition referred to in subsection (4) 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 (4) in respect of the contravention or failure to comply with the condition. (5) Nothing in this section entitles a local authority 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).
Propose a change(1) If, with the intention of causing damage to a listed building, any relevant person does or permits the doing of any act which causes or is likely to result in damage to the building, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (2) A person is a relevant person for the purpose of subsection (1) if apart from that subsection he would be entitled to do or permit the act in question. (3) Subsection (1) does not apply to an act for the execution of works— (a) authorised by planning permission granted or deemed to be granted in pursuance of an application under the principal Act, or (b) for which listed building consent has been given under this Act. (4) If a person convicted of an offence under this section fails to take such reasonable steps as may be necessary to prevent any damage or further damage resulting from the offence, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 3 on the standard scale for each day on which the failure continues.
Propose a change(1) The provisions mentioned in subsection (2) shall not apply to any ecclesiastical building which is for the time being used for ecclesiastical purposes. (2) Those provisions are sections 3, 4, 6 to 8, 42, 49 and 53. (3) For the purposes of subsection (1), a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building. (4) For the purposes of sections 6 to 8 a building shall be taken to be used for the time being for ecclesiastical purposes if it would be so used but for the works in question. (5) The Secretary of State may by order provide for restricting or excluding the operation of subsections (1) to (3) in such cases as may be specified in the order. (6) An order under subsection (5) may— (a) make provision for buildings generally, for descriptions of building or for particular buildings; (b) make different provision for buildings in different areas, for buildings of different religious faiths or denominations or according to the use made of the building; (c) make such provision in relation to a part of a building (including, in particular, an object or structure falling to be treated as part of the building by virtue of section 1(4)) as may be made in relation to a building and make different provision for different parts of the same building; (d) make different provision with respect to works of different descriptions or according to the extent of the works; (e) make such consequential adaptations or modifications of the operation of any other provision of this Act or the principal Act, or of any instrument made under either of those Acts, as appear to the Secretary of State to be appropriate. (7) Subsections (5) and (6) are without prejudice to the Church of Scotland Act 1921.
Propose a change(1) The provisions mentioned in subsection (2) shall not apply to any building for the time being included in the Schedule of monuments compiled and maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979. (2) Those provisions are sections 3, 4, 6 to 8, 42, 49 and 53.
Propose a change