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Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

Type Public General Act

Publication 1997-02-27

Last updated 2022-10-01

State In force

Department Statute Law Database

Source legislation.gov.uk

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(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.

Repairs notice as preliminary to acquisition under section 42

43

(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and the repairs notice has not been withdrawn.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.

Compensation on compulsory acquisition of listed building

44

Subject 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).

Minimum compensation in case of listed building deliberately left derelict

45

(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).

Ending of rights over land compulsorily acquired

46

(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

(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.

Acquisition by agreement

Acquisition of land by agreement

47

(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.

Management of acquired buildings

Management of listed buildings acquired under this Act

48

(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.

Urgent preservation

Urgent works to preserve unoccupied listed buildings

49

(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.

Recovery of expenses of works under section 49

50

(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

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).

Grants for repair and maintenance

Power of local authority to contribute to preservation of listed buildings etc

51

(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.

Recovery of grants under section 51

52

(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).

Damage to listed buildings

Acts causing or likely to result in damage to listed buildings

53

(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.

Chapter VI — Miscellaneous and Supplemental

Exceptions for church buildings and ancient monuments

Exceptions for ecclesiastical buildings

54

(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.

Exceptions for ancient monuments etc

55

(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.

Local authority notices and works affecting listed buildings

Intimation of local authority notices etc. affecting listed buildings

56

(1) Where, as respects a listed building owned, leased or occupied by a local authority, the authority—

(a) have, under or by virtue of any enactment, served a notice requiring any person to show why the building should not conform to the building regulations,

(b) have, under or by virtue of any enactment, served a notice or made an order requiring the demolition of, or the carrying out of works affecting, the building, or

(c) propose (whether under or by virtue of any enactment or otherwise) to carry out emergency works or demolitions affecting the building,

they shall forthwith give written intimation of the notice, order or proposal to the Secretary of State.

(2) Where the safety of the public requires that any demolition or works be carried out without such delay as would result from compliance with subsection (1), the intimation (which may, in such a case, initially be oral) shall be given as long before the commencement of the demolition or works as is consistent with that requirement.

Validity of instruments, decisions and proceedings

Validity of certain orders and decisions

57

(1) Except as provided by section 58, the validity of—

(a) any order under section 21, whether before or after it has been confirmed,

(b) any order under section 24, or

shall not be questioned in any legal proceedings whatsoever.

(2) Those decisions are—

(za) any decision of the Scottish Ministers on an appeal under section 5B,

(a) any decision on an application referred to the Secretary of State under section 11 or on an appeal under section 18,

(b) any decision of the Secretary of State to confirm or not to confirm a listed building purchase notice including—

(i) any decision not to confirm such a notice in respect of part of the land to which it relates, and

(ii) any decision to grant any consent, or give any direction, in lieu of confirming such a notice, either wholly or in part, and

(d) any decision on an application for listed building consent under section 73B.

(3) Nothing in this section shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Secretary of State to take any such action as is mentioned in subsection (2).

Proceedings for questioning validity of other orders, decisions and directions

58

(1) If any person is aggrieved by any such order or decision as is mentioned in section 57(1) and wishes to question its validity on the grounds—

(a) that it is not within the powers of this Act, or

(b) that any of the relevant requirements have not been complied with in relation to it,

he may make an application to the Court of Session under this section.

(2) Without prejudice to subsection (1), if the authority directly concerned with any such order or decision wish to question its validity on any of those grounds, the authority may make an application to the Court of Session under this section.

(3) An application under this section must be made within 6 weeks from the date on which the order is confirmed (or, in the case of an order under section 21 which takes effect under section 23 without confirmation, the date on which it takes effect) or, as the case may be, the date on which the decision is made.

(4) On any application under this section the Court of Session—

(a) may by interim order suspend the operation of the order or decision the validity of which is questioned by the application, until the final determination of the proceedings, and

(b) if satisfied—

(i) that the order or decision is not within the powers of this Act, or

(ii) that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation to it,

may quash that order or decision.

(5) References in this section to the confirmation of an order include the confirmation of an order subject to modifications as well as the confirmation of an order in the form in which it was made.

(6) In this section “the relevant requirements”, in relation to any order or decision, means any requirements of this Act or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under either of those Acts, which are applicable to that order or decision.

(7) For the purposes of subsection (2) the authority directly concerned with any order or decision is—

(a) the planning authority, and

(b) in relation to any such decision as is mentioned in section 57(2)(b) where the Secretary of State has modified the notice wholly or in part by substituting another planning authority or statutory undertakers for the planning authority, also that authority or those statutory undertakers.

Special considerations affecting planning functions

General duty as respects listed buildings in exercise of planning functions

59

(1) In considering whether to grant planning permission for development which affects a listed building or its setting, a planning authority or the Secretary of State, as the case may be, shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

(2) Without prejudice to section 64, in the exercise of the powers of disposal and development conferred by the provisions of sections 191 and 193 of the principal Act, a planning authority shall have regard to the desirability of preserving features of special architectural or historic interest and, in particular, listed buildings.

(3) In this section, “preserving”, in relation to a building, means preserving it either in its existing state or subject only to such alterations or extensions as can be carried out without serious detriment to its character, and “development” includes redevelopment.

Publicity for applications affecting setting of listed buildings

60

(1) This section applies where an application for planning permission for any development of land is made to a planning authority and the development would, in the opinion of the authority, affect the setting of a listed building.

(2) The planning authority shall—

(a) publish in a local newspaper circulating in the locality in which the land is situated, and

(b) for not less than 7 days display on or near the land,

a notice indicating the nature of the development in question and naming a place within the locality where a copy of the application, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during the period of 21 days beginning with the date of publication of the notice under paragraph (a).

(3) The application shall not be determined by the planning authority before both the following periods have elapsed, namely—

(a) the period of 21 days referred to in subsection (2), and

(b) the period of 21 days beginning with the date on which the notice required by that subsection to be displayed was first displayed.

(4) In determining any application for planning permission to which this section applies, the planning authority shall take into account any representations relating to the application which are received by them before the periods mentioned in subsection (3) have elapsed.

(5) In this section references to planning permission do not include references to planning permission falling within section 33(1) of the principal Act.

Part II — Conservation Areas

Designation

Designation of conservation areas

61

(1) Every planning authority shall—

(a) from time to time determine which parts of their district are areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance, and

(b) designate such areas as conservation areas.

(2) Historic Environment Scotland may from time to time, after consultation with a planning authority, determine that any part of the authority’s district which is not for the time being designated as a conservation area is an area of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance; and, if Historic Environment Scotland so determines, it may designate that part as a conservation area.

Designation of conservation areas: supplementary provisions

62

(1) A planning authority shall give notice to the Secretary of State and Historic Environment Scotland of the designation of any part of their district as a conservation area under section 61(1), and of any variation or cancellation of any such designation.

(2) Historic Environment Scotland must—

(a) give notice to a planning authority of—

(i) the designation of any part of their district as a conservation area under section 61(2), and

(ii) any variation or cancellation of any such designation,

(b) give notice to the Scottish Ministers of the designation and of any such variation or cancellation.

(3) A notice under subsection (1) or (2) shall contain sufficient particulars to identify the area affected.

(4) Notice of any such designation, variation or cancellation, with particulars of its effect, shall be published in the Edinburgh Gazette and in at least one newspaper circulating in the district of the planning authority by that authority or, as the case may be, Historic Environment Scotland .

(5) Every planning authority shall compile and keep available for public inspection free of charge at reasonable hours and at a convenient place a list containing such particulars as Historic Environment Scotland may determine of any part of their district which has been designated as a conservation area.

General duties of planning authorities

Proposals for preservation and enhancement of conservation areas

63

(1) It shall be the duty of a planning authority to formulate and publish, from time to time, proposals for the preservation and enhancement of any parts of their district which are conservation areas.

(2) Proposals under this section shall be submitted for consideration to a public meeting in the area to which they relate.

(3) The planning authority shall have regard to any views concerning the proposals expressed by persons attending the meeting.

General duty as respects conservation areas in exercise of planning functions

64

(1) In the exercise, with respect to any buildings or other land in a conservation area, of any powers under any of the provisions in subsection (2), special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area.

(2) Those provisions are—

(a) the planning Acts, and

(b) Part I of the Historic Buildings and Ancient Monuments Act 1953.

Publicity for applications affecting conservation areas

65

(1) This section applies where an application for planning permission for any development of land is made to a planning authority and the development would, in the opinion of the authority, affect the character or appearance of a conservation area.

(2) The planning authority shall—

(a) publish in a local newspaper circulating in the locality in which the land is situated, and

(b) for not less than 7 days display on or near the land,

(3) The application shall not be determined by the planning authority before both the following periods have elapsed, namely—

(a) the period of 21 days referred to in subsection (2), and

(b) the period of 21 days beginning with the date on which the notice required by that subsection to be displayed was first displayed.

(4) In determining any application for planning permission to which this section applies, the planning authority shall take into account any representations relating to the application which are received by them before the periods mentioned in subsection (3) have elapsed.

(5) In this section references to planning permission do not include references to planning permission falling within section 33(1) of the principal Act.

Control of demolition

Control of demolition in conservation areas

66

(1) A building in a conservation area shall not be demolished without the consent of the appropriate authority (in this Act referred to as “conservation area consent”).

(2) The appropriate authority for the purposes of this section is—

(a) the planning authority, or

(b) the Scottish Ministers.

(3) The following provisions of this Act, namely—

sections 6 to 25,

sections 28 to 41I ,

sections 56 to 58,

section 59(1),

section 73(2) to (4), section 73B and section 73D,

section 74(1)(b), (3) and (4), and

section 80(2),

shall have effect in relation to buildings in conservation areas as they have effect in relation to listed buildings subject to such exceptions and modifications as may be prescribed by regulations.

(4) Any such regulations may make different provision in relation to—

(a) applications made by planning authorities, and

(b) other applications.

Cases in which section 66 does not apply

67

(1) Section 66 does not apply to—

(a) listed buildings,

(b) ecclesiastical buildings which are for the time being used for ecclesiastical purposes,

(c) buildings 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, or

(d) buildings in relation to which a direction under subsection (2) is for the time being in force.

(2) The Secretary of State may direct that section 66 shall not apply to any description of buildings specified in the direction.

(3) A direction under subsection (2) may be given either to an individual planning authority or to planning authorities generally.

(4) The Secretary of State may vary or revoke a direction under subsection (2) by a further direction under that subsection.

(5) For the purposes of subsection (1)(b), 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.

(6) For the purposes of sections 6 to 8 as they apply by virtue of section 66(3) 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.

(7) The Secretary of State may by order provide for restricting or excluding the operation of subsection (1)(b) in such cases as may be specified in the order.

(8) An order under subsection (7) 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.

(9) Subsections (7) and (8) are without prejudice to the Church of Scotland Act 1921.

(10) Any proceedings on or arising out of an application for conservation area consent made while section 66 applies to a building shall lapse when it ceases to apply to it, and any such consent granted with respect to the building shall also lapse.

(11) The fact that that section has ceased to apply to a building shall not affect the liability of any person to be prosecuted and punished for an offence under section 8 or 39 committed with respect to the building while that section did apply to it.

Urgent works to preserve unoccupied buildings in conservation areas

68

If it appears to the Secretary of State that the preservation of a building in a conservation area is important for maintaining the character or appearance of that area, he may direct that section 49 shall apply to it as it applies to listed buildings.

Grants

Grants and loans for preservation or enhancement of conservation areas

69

(1) The Scottish Ministers may make grants or loans for the purpose of defraying in whole or in part any expenditure incurred or to be incurred in or in connection with, or with a view to the promotion of, the preservation or enhancement of the character or appearance of a conservation area or any part of a conservation area .

(2) A grant or loan under this section may be made subject to such conditions as the Secretary of State may think fit to impose.

(3) Any loan under this section shall be made on such terms as to repayment, payment of interest and otherwise as the Secretary of State may . . . determine.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recovery of grants under section 69

70

(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).

Town schemes

Town scheme agreements

71

(1) The Secretary of State and a local authority may enter an agreement (in this Act referred to as a “town scheme agreement”) that a specified sum of money shall be set aside for a specified period of years for the purpose of making grants for the repair of the buildings which are—

(a) included in a list compiled for the purposes of such an agreement by the Secretary of State and the authority, or

(b) shown on a map prepared by them for those purposes.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grants for repairing of buildings in town schemes

72

(1) The Secretary of State may make grants for the purpose of defraying the whole or part of any expenditure incurred or to be incurred in the repair of any building which—

(a) is the subject of a town scheme agreement, and

(b) is situated in a conservation area ....

(2) A grant under this section may be made subject to conditions imposed by the Secretary of State for such purposes as he thinks fit.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Secretary of State may—

(a) pay any grant under this section to any authority which is a party to a town scheme agreement, and

(b) make arrangements with any such authority for the way in which the agreement is to be carried out.

(5) Those arrangements may include such arrangements for the offer and payment of grants under this section as the parties may agree.

(6) Section 70(4) to (8) shall apply to a grant made under this section as it applies to a grant made under that section, but taking the recovery period to be 3 years beginning with the date on which the grant is made.

Part III — General

Special cases

Application of Act to land and works of planning authorities

73

(1) In relation to land of planning authorities, section 1(1) and (3) shall have effect subject to such exceptions and modifications as may be prescribed by regulations.

(2) The provisions mentioned in subsection (3) shall have effect for the purpose of applications by planning authorities relating to the execution of works for the demolition, alteration or extension of listed buildings, subject to such exceptions and modifications as may be prescribed by regulations.

(3) Those provisions are—

section 1(2), (4) and (5),

sections 3 to 26,

sections 28 to 45,

sections 56 to 58,

section 59(1),

section 60(2)(b), (3) and (4),

section 65(2)(b), (3) and (4),

Schedules 1 and 2, and

sections 54(1) to (4) and 55 as they apply with respect to the foregoing provisions.

(4) The regulations may in particular provide—

(a) for the making of applications for listed building consent to the Secretary of State, and

(b) for the service by him of notices under ... the provisions mentioned in subsection (3) of this section.

Exercise of powers in relation to Crown land

74

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

75

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous provisions

Rights of entry

76

(1) Any person duly authorised in writing by Historic Environment Scotland may at any reasonable time enter upon any land for the purpose of surveying any building on that or any other land in connection with a proposal to include the building in, or exclude it from, a list compiled or approved under section 1 or in connection with an application under section 5A(1) .

(1A) Any person duly authorised in writing by the planning authority may, at any reasonable time, enter upon land—

(a) for the purposes of displaying—

(i) a site notice,

(ii) a notice under section 41A(7) in place of a site notice, or

(iii) a copy of a temporary stop notice, and a statement as to the effect of section 41H, under section 41F(4),

(b) to ascertain whether a listed building enforcement notice, a stop notice or a temporary stop notice has been complied with.

(2) Any person duly authorised in writing by Historic Environment Scotland or the planning authority may at any reasonable time enter upon any land for any of the following purposes—

(a) surveying it in connection with any proposal by the authority or Historic Environment Scotland to make or serve any order or notice under or by virtue of any provision of this Act other than sections 25 to 33, 42, 44 to 48, 51, 52, 57, 58, 59(2) and (3), 61 to 67, 69 to 75, 79 to 83 and Schedule 3,

(b) ascertaining whether an offence has been, or is being, committed with respect to any building on that or any other land, under section 8, 10, 39 , 41E, 41H or 53,

(d) ascertaining whether any of the functions conferred by section 49 should or may be exercised in connection with the land, or

(e) exercising any of those functions in connection with the land.

(3) Any person who is an officer of the Valuation Office or a person duly authorised in writing by Historic Environment Scotland may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation payable under this Act in respect of any land.

(4) Any person who is an officer of the Valuation Office or a person duly authorised in writing by a planning authority may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation payable under section 25 or 26 in respect of any land.

(5) Any person who is an officer of the Valuation Office or is duly authorised in writing by a planning authority having power to acquire land under sections 42 to 47 may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with any proposal to acquire that land or any other land, or in connection with any claim for compensation in respect of any such acquisition.

(6) Subject to sections 77 and 78, any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals in it.

Power to issue warrant

77

(1) If in relation to rights of entry exercised under section 76 the sheriff is satisfied—

(a) that there are reasonable grounds for entering any land for any of the purposes mentioned in that section, and

(b) that—

(i) admission to the land has been refused, or a refusal is reasonably apprehended, or

(ii) the case is one of urgency,

he may issue a warrant authorising any person duly authorised in writing to enter the land.

(2) For the purposes of subsection (1)(b)(i) admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

(3) A warrant authorises entry on one occasion only and that entry must be—

(a) within one month from the date of the issue of the warrant, and

(b) at a reasonable hour, unless the case is one of urgency.

Rights of entry: supplementary provisions

78

(1) Subject to subsection (2), a person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 76 or 77 (referred to in this section as “a right of entry”)—

(a) shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering,

(b) may take with him such other persons as may be necessary, and

(c) on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.

(2) Admission to any land which is occupied shall not be demanded as of right by virtue of section 76 or of this section unless 24 hours’ notice of the intended entry has been given to the occupier of the land.

(3) Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and subsections (4) and (5) of section 27 shall apply in relation to compensation under this subsection as they apply in relation to compensation under sections 25 to 27.

(5) If any person who enters any land in exercise of a right of entry discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.

(6) Subsection (5) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.

(7) A person who is guilty of an offence under subsection (5) shall be liable—

(a) on summary conviction to a fine not exceeding the statutory maximum, or

(b) on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine or both.

(8) No person shall carry out any works in exercise of a power conferred under section 49 unless notice of his intention to do so was included in the notice required by subsection (2) of this section.

(9) The authority of the Scottish Ministers shall be required for the carrying out of works in exercise of a power conferred under section 49 if—

(a) the land in question is held by statutory undertakers, and

(b) they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of certain general provisions of principal Act

79

(1) Subject to subsections (1A) and (2), the following provisions of the principal Act shall apply for the purposes of this Act as they apply for the purposes of that Act—

section 85 (power to make provision for determination of claims),

section 146 (interdicts restraining breaches of planning control),

section 195 (general vesting declarations),

section 265 (local inquiries),

section 265A (planning inquiries to be held in public subject to certain exceptions),

section 266 (orders as to expenses of parties where no local inquiry held),

section 267 (procedure on certain appeals and applications),

section 271 (service of notices),

section 271A(1) and (2) (service of notices on the Crown),

section 272 (power to require information as to interests in land),

section 272A(1) to (4) (information as to interests in Crown land),

section 273 (offences by corporations), and

section 275A (further provision as regards regulations: inquiries, etc.),

section 276 (Act not excluded by special enactments).

(1A) Subsection (1)(cc) of section 271 of the principal Act shall not apply to–

(a) serving a building preservation notice;

(b) serving a copy of a listed building enforcement notice by a planning authority;

(d) serving a listed building enforcement notice issued by the Scottish Ministers; and

(e) giving notice to parties who must be notified of applications for listed building consent and other matters in accordance with regulations made under section 10 of that Act.

(2) Section 273 of that Act shall not apply to offences under section 53 of this Act.

(3) In the application of section 265A of the principal Act for the purposes of this Act, the provisions mentioned in subsection (1) of the section shall be construed as including any inquiry held by virtue of this section.

Financial provisions

80

(1) Where—

(a) compensation is payable by a planning authority under this Act in consequence of any decision or order given or made under any provision of this Act other than sections 25 to 27, 42, 43(1) to (3), 44 to 52, 57, 58, 59(2) and (3), 61 to 64, 66, 67(1) to (4), (10) and (11) and 68 to 83, and

(b) that decision or order was given or made wholly or partly in the interest of a service which is provided by a government department and the cost of which is defrayed out of money provided by Parliament,

the Minister responsible for the administration of that service may pay that authority a contribution of such amount as he may with the consent of the Treasury determine.

(2) Any local authority and any statutory undertakers may contribute towards any expenses incurred by a planning authority in or in connection with the performance of any of their functions under the provisions of sections 1 to 24, 28 to 47, 50, 53, 54, 56, 59, 77 and 78 and Schedules 1 and 2.

(3) In the application of subsection (2) to a local authority, “planning authority” means a planning authority other than that local authority.

(4) Any expenses incurred by a planning authority under sections 28 to 30 and 42 to 47 in pursuance of a listed building purchase notice or in the acquisition of land under this Act for the purposes of any function of that authority shall be defrayed in the same manner as other expenses incurred by that authority for the purposes of that function.

(5) Subsections (3) and (4) of section 261 of the principal Act (borrowing by authorities for purposes of the principal Act) shall apply for the purposes of this Act as they apply for the purposes of that Act.

(6) There shall be paid out of money provided by Parliament—

(a) any sums necessary to enable the Secretary of State to make any payments becoming payable by him under sections 25 and 26,

(b) any expenses incurred by any government department including the Secretary of State in the acquisition of land under sections 42 to 47 or in the payment of compensation under section 46(4) or 78(4) or under subsection (1),

(d) any administrative expenses incurred by the Secretary of State for the purposes of this Act.

(7) Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

Part IV — Supplemental

Interpretation

81

(1) In this Act, except in so far as the context otherwise requires—

“address”, in relation to electronic communications, means any number or address used for the purposes of such communications;”;

“building preservation notice” has the meaning given in section 3(1),

“conservation area” means an area for the time being designated under section 61,

“conservation area consent” has the meaning given in section 66(1),

“electronic communication” has the same meaning as in the Electronic Communications Act 2000;

“listed building” has the meaning given in section 1(4),

“listed building consent” has the meaning given in section 7(7),

“listed building enforcement notice” has the meaning given in section 34(1),

“listed building purchase notice” has the meaning given in section 28(1),

“period for compliance”, in relation to a listed building enforcement notice, has the meaning given in section 34(5),

“prescribed” (except in relation to matters expressly required or authorised by this Act to be prescribed in some other way) means prescribed by regulations under this Act,

“site notice” has the meaning given in section 41B(4),

“stop notice” has the meaning given in section 41A(2),

“temporary stop notice” means a notice issued under section 41F(1),

“the principal Act” means the Town and Country Planning (Scotland) Act 1997, and

“town scheme agreement” has the meaning given in section 71.

(2) Subject to subsection (6), and except in so far as the context otherwise requires, the following expressions have the same meaning as in the principal Act—

“acquiring authority”

“advertisement”

“building”

“compulsory acquisition”

“development order”

“development”

“development plan”

“enactment”

“disposal”

“functions”

“government department”

“land”

“lease”

“minerals”

“local authority”

“Minister”

“owner”

“the planning Acts”

“planning authority”

“planning permission”

“public gas transporter”

“use”

“Valuation Office”

(3) In this Act “statutory undertakers” has the same meaning as in the principal Act except that—

(a) in sections 29 to 32 it shall be deemed to include references to electronic communications operators and former PTOs ,

(b) in sections 29 to 32 and 80(2) it shall be deemed to include a universal service provider in connection with the provision of a universal postal service, and

(c) in sections 29 to 32, 46(2)(a) and 80(2) it shall be deemed to include the Civil Aviation Authority, a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence),a public gas transporter and a holder of a licence under section 6 of the Electricity Act 1989.

(3A) The undertaking of a universal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.

(3B) In subsection (3) and (3A) above, “universal service provider” has the same meaning as in Part 3 of the Postal Services Act 2011 ; and references to the provision of a universal postal service shall be construed in accordance with that Part .

(4) References in the planning Acts to any of the provisions mentioned in section 73 include, except where the context otherwise requires, references to those provisions as modified under that section.

(5) Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.

(5A) Where an electronic communication is used for the purpose of serving on, or giving to, a person any notice or other document for the purposes of this Act, and the communication is received by that person–

(a) at any time before the end of a day which is a working day, it shall be deemed to have been received on that day; or

(b) at any time during a day which is not a working day, it shall be deemed to be received on the next working day;

and in this subsection, “working day” means a day which is not a Saturday, Sunday, Christmas Eve, a bank holiday in Scotland under the Banking and Financial Dealings Act 1971, a day appointed for public thanksgiving or mourning, or any other day which is a local or public holiday in an area in which the electronic communication is received.

(6) For the purposes of subsection (1)(b) of section 51 and subsection (2) as it applies for the purposes of that subsection the definition of “building” in the principal Act shall apply with the omission of the words “but does not include plant or machinery comprised in a building”.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Without prejudice to section 20(2) of the Interpretation Act 1978, references in this Act to any enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended by or under any other enactment.

Regulations and orders

82

(1) The Secretary of State may make regulations—

(a) for prescribing the form of any notice, order or other document authorised or required by this Act to be served, made or issued by a planning authority which is a local authority;

(b) for any purpose for which regulations are authorised or required to be made under this Act.

(2) Any power conferred by this Act to make regulations—

(a) shall be exercisable by statutory instrument.

(b) may be exercised so as to make different provision for different purposes.

(3) Subject to subsection (3A), any statutory instrument containing regulations made under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3A) A statutory instrument containing regulations made under section 39A(5) is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

(4) The power to make orders under sections 7(5), 54(5) and 67(7)

(a) shall be exercisable by statutory instrument.

(b) may be exercised so as to make different provision for different purposes.

(5) Any statutory instrument which contains an order under section 54(5) or 67(7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Any power conferred by this Act to make regulations or orders includes power to make such incidental, supplemental, consequential, transitory, transitional or saving provision as the Scottish Ministers consider necessary or expedient.

(7) Without prejudice to section 14 of the Interpretation Act 1978, any power conferred by this Act to make an order shall include power to vary or revoke any such order by a subsequent order.

Short title, commencement and extent

83

(1) This Act may be cited as the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

(2) This Act shall come into force at the end of the period of 3 months beginning with the day on which it is passed.

(3) This Act extends to Scotland only.

SCHEDULE 1

1

Subject to paragraph 2, every building which immediately before 3rd August 1970 was subject to a building preservation order under section 27 of the Town and Country Planning (Scotland) Act 1947 but was not then included in a list compiled or approved under section 28 of that Act shall be deemed to be a listed building.

2

(1) Historic Environment Scotland may at any time direct that paragraph 1 no longer applies to a particular building.

(1A) The Scottish Ministers may direct that paragraph 1 no longer applies to a particular building if the building is referred to in a notice of appeal under section 5B, 18 or 35 relating to the building (whether or not they are requested to do so).

(2) The planning authority in whose district the building in respect of which a direction under sub-paragraph (1) or (1A) is given is situated, on being notified of the direction, shall give notice of it to the owner, lessee and occupier of the building.

(2A) Where a direction is given under sub-paragraph (1) or (1A), Historic Environment Scotland or (as the case may be) the Scottish Ministers must notify the other.

(3) Before giving a direction under sub-paragraph (1) or (1A) in relation to a building, Historic Environment Scotland or (as the case may be) the Scottish Ministers shall consult the planning authority and the owner, lessee and occupier of the building.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2

1

This Schedule applies where a building preservation notice ceases to be in force by virtue of—

(a) the expiry of the 6 months period mentioned in subsection (3)(b) of section 3; or

(b) the service of a notification by Historic Environment Scotland under subsection (4)(b) of that section.

2

The fact that the notice has ceased to be in force shall not affect the liability of any person to be prosecuted and punished for an offence under section 8 or 39 committed by him with respect to the building while it was in force.

3

Any proceedings on or arising out of an application for listed building consent with respect to the building made while the notice was in force and any such consent granted while it was in force shall lapse.

4

(1) Any listed building enforcement notice served by the planning authority while the building preservation notice was in force shall cease to have effect.

(2) Any proceedings on it under sections 34 to 37 shall lapse.

(3) Notwithstanding sub-paragraph (1), section 38(1) and (2) shall continue to have effect as respects any expenses incurred by the planning authority, owner, lessee or occupier as mentioned in that section and with respect to any sums paid on account of such expenses.

SCHEDULE 3

Determination of appeals by appointed person

1

(1) The Secretary of State may by regulations prescribe classes of appeals under sections 18 and 35 which are to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State.

(2) Those classes of appeals shall be so determined except in such classes of case—

(a) as may for the time being be prescribed, or

(b) as may be specified in directions given by the Secretary of State.

(3) Such regulations may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.

(4) This paragraph shall not affect any provision contained in this Act or any instrument made under it that an appeal shall lie to, or a notice of appeal shall be served on, the Secretary of State.

(5) A person appointed under this paragraph is referred to in this Schedule as an “appointed person”.

Powers and duties of appointed person

2

(1) An appointed person shall have the same powers and duties—

(a) in relation to an appeal under section 18 as the Secretary of State has under subsection (1) of section 20 and paragraph 2 of Schedule 1, and

(b) in relation to an appeal under section 35, as he has under section 37(1), (2) and (4) and paragraph 2 of Schedule 1.

(2) Sections 20(2) and 36(2) shall not apply to an appeal which falls to be determined by an appointed person, but before it is determined the Secretary of State shall ask the appellant and the planning authority whether they wish to appear before and be heard by the appointed person.

(3) If both the parties express a wish not to appear and be heard, the appeal may be determined without their being heard.

(4) If either of the parties expresses a wish to appear and be heard, the appointed person shall give them both an opportunity of doing so.

(5) Where an appeal has been determined by an appointed person, his decision shall be treated as that of the Secretary of State.

(6) Except as provided by sections 57 and 58, the decision of an appointed person on any appeal shall be final.

Determination of appeals by Secretary of State

3

(1) The Secretary of State may, if he thinks fit, direct that an appeal which would otherwise fall to be determined by an appointed person shall instead be determined by the Secretary of State.

(2) Such a direction shall state the reasons for which it is given and shall be served on the appellant, the planning authority, any person who made representations relating to the subject matter of the appeal which the authority are required to take into account by regulations made under section 10(2) and, if any person has been appointed under paragraph 1, on him.

(3) Where in consequence of such a direction an appeal under section 18 or 35 falls to be determined by the Secretary of State himself, the provisions of this Act which are relevant to the appeal shall, subject to the following provisions of this paragraph, apply to the appeal as if this Schedule had never applied to it.

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