Legalize / United Kingdom / Public General Act

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

articles Not indexed

Reform history JSON API

[^key-405065282c05092a19859b543383aa1c]: S. 3 savings for effects of 2014 asp 19, Sch. 3 para. 5 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 14

[^key-38c8535087bdd1e19d94052288846642]: Sch. 2 para. 1(b) savings for effects of 2014 asp 19, Sch. 3 para. 28 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 14

[^key-e5b8a2f0e73aa7e962ca9ad4702680c8]: S. 5A(1) savings for effects of 2014 asp 19, Sch. 3 para. 6(a) (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 15

[^key-dea3dbef90287731bbdd49d829b41224]: S. 7(2) savings for effects of 2014 asp 19, Sch. 3 para. 8(a) (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 16

[^key-2fad4fa082a74d142443056abb123341]: S. 12 savings for effects of 2014 asp 19, s. 23 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 17

[^key-5e450512380c771230835a3ac1e7b574]: S. 13 savings for effects of 2014 asp 19, s. 23 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 17

[^key-16306ca2bec90d4974391646a0dd5106]: S. 22 savings for effects of 2014 asp 19, Sch. 3 para. 10 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 18

[^key-cddfc0f40341890ce8b4fc0e5496d236]: S. 23 savings for effects of 2014 asp 19, Sch. 3 para. 11 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 18

[^key-ea1eb733c449c63a7de328a6f0a8c486]: S. 61(2) savings for effects of 2014 asp 19, Sch. 3 para. 13 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 19(1)

[^key-c78e3e29038444f8070983bb5565309f]: S. 62(2) savings for effects of 2014 asp 19, Sch. 3 para. 14(b) (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 19(2)

[^key-fa93d896c66a152ca364f2a142c4f8d9]: S. 62(4) savings for effects of 2014 asp 19, Sch. 3 para. 14(c) (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 19(2)

[^key-d4e164b2ee8b92300f281bd0fe32b3f5]: S. 1(4A) inserted (1.10.2015) by Historic Environment Scotland Act 2014 (asp 19), ss. 22(2)(b), 31(2) (with ss. 29, 30); S.S.I. 2015/196, art. 2, sch.

[^key-8665f31bf127814cbb82d7465d256e55]: Words in s. 1(4) inserted (1.10.2015) by Historic Environment Scotland Act 2014 (asp 19), ss. 22(2)(a), 31(2) (with ss. 29, 30); S.S.I. 2015/196, art. 2, sch.

[^key-c16c35f1600eb86355182b72bed759ba]: S. 66(2)(a)(b) substituted (1.10.2015) by Historic Environment Scotland Act 2014 (asp 19), ss. 24(2), 31(2) (with ss. 29, 30); S.S.I. 2015/196, art. 2, sch.

[^key-a0429c1209ce69ced1ab1c9d9fbd47a7]: S. 28A(3)(aa) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 28(2)

[^key-80126f8ba014d9cad72ad040c73c38c1]: S. 73C(5A) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 28(3)(b)

[^key-345876b4215348d35bd05cb10ee6031d]: Words in s. 73C(5)(b) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 28(3)(a)

[^key-902ce20dbbcaa421ec0b614aa3e2eaf2]: S. 9(3)(ac)(ad) inserted (1.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 52(2), 63(2); S.S.I. 2019/385, reg. 2, sch.

73B

(1) This section applies to any works proposed to be executed in connection with any building which is on Crown land if the appropriate authority certifies—

(a) that the works are of national importance, and

(b) that it is necessary that the works are carried out as a matter of urgency.

(2) The appropriate authority may, instead of making an application for consent to the planning authority in accordance with this Act, make an application for consent to the Scottish Ministers under this section.

(3) If the appropriate authority proposes to make the application to the Scottish Ministers it must publish in one or more newspapers circulating in the locality of the building a notice—

(a) describing the proposed works, and

(b) stating that the authority proposes to make the application to the Scottish Ministers.

(4) For the purposes of an application under this section the appropriate authority must provide to the Scottish Ministers a statement of the authority’s grounds for making the application.

(5) If the appropriate authority makes an application under this section subsections (6) to (11) below apply.

(6) The Scottish Ministers may require the authority to provide them with such further information as they think necessary to enable them to determine the application.

(7) As soon as practicable after they are provided with any document or other matter in pursuance of subsection (4) or (6) the Scottish Ministers must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development.

(8) The Scottish Ministers must in accordance with such requirements as may be prescribed publish notice of the application and of the fact that such documents and other material are available for inspection.

(9) Subsection (7) above does not apply to the extent that the document or other matter is subject to any direction given under section 265A(3) of the principal Act.

(10) The Scottish Ministers must consult—

(a) the planning authority, and

(b) such other persons as may be prescribed,

about the application.

(11) Subsections (4) and (5) of section 11 apply to an application under this section as they apply to an application in respect of which a direction under section 11 has effect.

73C

(1) Expressions relating to the Crown must be construed in accordance with this section.

(2) Crown land is land in which there is a Crown interest.

(3) A Crown interest is any of the following—

(a) an interest belonging to Her Majesty in right of the Crown or in right of Her private estates,

(b) an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department,

(4) A private interest is an interest which is not a Crown interest.

(5) The appropriate authority in relation to any land is—

(a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners,

(b) in relation to any other land belonging to Her Majesty in right of the Crown, the government department having the management of the land or the relevant person ,

(c) in relation to land belonging to Her Majesty in right of Her private estates, a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers,

(d) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, the department.

(5A) In subsection (5), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.

(6) If any question arises as to what authority is the appropriate authority in relation to any land it must be referred to the Scottish Ministers, whose decision is final.

(7) For the purpose of an application for listed building consent made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which the Crown has no interest, a reference to the appropriate authority must be construed as a reference to the person who makes the application.

(8) The reference to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).

(9) An order made for the purposes of paragraph (c) of subsection (3) must be made by statutory instrument.

(10) But no such order may be made unless a draft of it has been laid before and approved by resolution of the Scottish Parliament.

(11) This section applies for the purposes of this Act.

73F

(1) This section applies to an application for—

(a) listed building consent, or

(b) conservation area consent,

made by or on behalf of the Crown.

(2) The Scottish Ministers may by regulations modify or exclude any statutory provision relating to the making and determination of such applications.

(3) A statutory provision is a provision contained in or having effect under any enactment (including any enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament).

73D

(1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act; but the Court of Session may on the application of a public authority or office-holder responsible for the enforcement of anything required to be done, or prohibited, by or under this Act, declare unlawful any act or omission so done or suffered.

(2) A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.

(3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.

(4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.

(5) A step taken for the purposes of enforcement includes—

(a) entering land,

(b) initiating proceedings,

(6) A step taken for the purposes of enforcement does not include—

(a) service of a notice,

(b) the making of an order (other than a court order).

73E

(1) Subsection (2) applies to the extent that an interest in land is a Crown interest.

(2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.

(3) An interest in land includes an interest only as occupier of the land.

28A

(1) A listed building purchase notice may be served in respect of Crown land only as mentioned in this section.

(2) The owner of a private interest in Crown land must not serve a listed building purchase notice unless—

(a) he first offers to dispose of his interest to the appropriate authority on equivalent terms, and

(b) the offer is refused by the appropriate authority.

(3) The appropriate authority may serve a listed building purchase notice in relation to the following land—

(a) land belonging to Her Majesty in right of her private estates,

(aa) land which forms part of the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies,

(b) land which forms part of the Crown Estate.

(4) An offer is made on equivalent terms if the price payable for the interest is equal to (and, in default of agreement, determined in the same manner as) the compensation which would be payable in respect of it if it were acquired in pursuance of a listed building purchase notice.

73A

(1) This Act (except the provisions specified in subsection (2)) binds the Crown.

(2) These are the provisions—

(a) section 8,

(b) section 10(3),

(d) section 38(1) and (8),

(e) section 39,

(ea) section 41E;

(eb) section 41H;

(f) section 49,

(g) section 50,

(ga) section 50A(2);

(h) section 53,

(i) section 77.

(3) But subsection (2)(a) does not have effect to prohibit the doing of anything by or on behalf of the Crown which falls within the circumstances described in section 8(3)(a) to (d) and the doing of that thing does not contravene section 6.

78A

(1) Section 76 applies to Crown land subject to the following modifications.

(2) A person must not enter Crown land unless he has the relevant permission.

(3) Relevant permission is the permission of—

(a) a person appearing to the person seeking entry to the land to be entitled to give it, or

(b) the appropriate authority.

(4) In subsection (6) the words “and 78” must be ignored.

(5) Section 78 does not apply to anything done by virtue of this section.

(6) “Appropriate authority” must be construed in accordance with section 73C.

Listing of buildings of special architectural or historic interest.

10A

(1) A planning authority may decline to determine an application (in this subsection referred to as the “current application”) for listed building consent—

(a) if—

(i) in the period of two years ending with the date on which the current application is received, the Scottish Ministers have refused a similar application referred to them under section 11 or have dismissed an appeal against the refusal of, or an appeal under section 18(2) in respect of, a similar application, and

(ii) in the opinion of the authority there has not, since the Scottish Ministers refused the similar application or dismissed the appeal, been any significant change in any material considerations,

(b) if—

(i) in that period of two years the planning authority have refused more than one similar application,

(ii) there has been no appeal to the Scottish Ministers against either (or as the case may be any) of those refusals, and

(iii) in the opinion of the authority there has not, since the more (or as the case may be most) recent of the refusals, been any significant change in any material considerations,

(i) in that period of two years the planning authority have refused more than one similar application,

(ii) there has been an appeal to the Scottish Ministers against either (or as the case may be any) of those refusals but as at the time the current application is received no such appeal has yet been determined, and

(iii) in the opinion of the authority there has not, since the more (or as the case may be most) recent of the refusals, been any significant change in any material considerations,

(d) if—

(i) in that period of two years there have been appeals under section 18(2) in respect of more than one similar application but as at the time the current application is received no such appeal has yet been determined, and

(ii) in the opinion of the authority there has not, since the more (or as the case may be most) recent of the appeals was made, been any significant change in any material considerations, or

(e) if—

(i) in that period of two years two similar applications have been made to the planning authority,

(ii) the planning authority have refused one of those applications and there has been an appeal under section 18(2) in respect of the other but as at the time the current application is received the appeal under that section has yet to be determined as has the appeal (if any) against the refusal, and

(iii) in the opinion of the authority there has not, since the refusal or since the appeal was made (whichever was the more recent), been any significant change in any material considerations.

(2) For the purposes of this section an application for listed building consent is to be taken to be similar to another such application only if the listed building and the works to which the applications relate are in the opinion of the planning authority the same or substantially the same.

39A

(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.

Stop notices

41A

(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)).

41B

(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

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

(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.

41C

(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.

41D

(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.

41E

(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.

Temporary stop notices

41F

(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

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

(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.

41G

(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).

41H

(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.

41I

(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.

Liability of owner and successors for expenses of works executed under section 49

50A

(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

(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.

50B

(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,

(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.

50C

(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.

50D

(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.

50E

(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.

50F

In relation to—

(a) a notice of liability for expenses,

(b) a notice of renewal,

(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.

50G

(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,

(d) a notice of discharge.

Short title, commencement and extent.

Notes

5A

(1) Historic Environment Scotland may, on the application of any person, issue a certificate stating that it does not intend to include a building in a list compiled or approved under section 1.

(2) Where Historic Environment Scotland issues a certificate under subsection (1) in respect of a building—

(a) it may not for a period of 5 years from the date of issue exercise in relation to the building any of the powers conferred on it by section 1, and

(b) a planning authority may not for that period—

(i) serve a building preservation notice in relation to the building, or

(ii) affix such a notice under section 4(1).

(3) A person submitting an application to Historic Environment Scotland under subsection (1) must, at the same time as submitting it, give notice of the application to the planning authority within whose district the building is situated.

Appeal against listed building enforcement notice.

Regulations and orders.

This Table shows the derivation of the provisions of the Bill.

1A

(1) Historic Environment Scotland must—

(a) publish any list compiled or approved under section 1, and any amendments of such a list, and

(b) make such lists available for public inspection,

in such manner as may be prescribed.

(2) Historic Environment Scotland must also—

(a) notify such persons as may be prescribed, and

(b) do so in such form and manner, and within such time, as may be prescribed,

of the inclusion of a building in, the amendment of an entry relating to a building in or the exclusion of a building from such a list.

(3) The Scottish Ministers may by regulations make further provision for—

(a) the publication of such lists,

(b) the making of such lists available for public inspection,

(c) the notification of the inclusion of a building in, the amendment of an entry relating to a building in or the exclusion of a building from such a list.

(4) Regulations under subsection (3) may in particular provide for planning authorities in whose districts any buildings included in such lists are situated to take any of the steps mentioned in that subsection.

5B

(1) This section applies where Historic Environment Scotland makes a decision—

(a) to include a building in the list compiled or approved under section 1,

(b) to amend an entry in the list relating to a building (but not where the amendment excludes a building from the list).

(2) A person mentioned in subsection (3) may appeal the decision to the Scottish Ministers.

(3) The person is—

(a) the owner of the building,

(b) the tenant of the building,

5C

(1) The Scottish Ministers may—

(a) dismiss an appeal under section 5B,

(b) allow such an appeal (in whole or in part).

(2) Where the Scottish Ministers allow an appeal, they may vary a part of the decision appealed against whether or not the appeal relates to that part of the decision.

(3) Where the Scottish Ministers allow an appeal, they may 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 their decision.

(4) Except as provided for by sections 57 and 58, the decision of the Scottish Ministers on an appeal under section 5B is final.

5D

(1) Regulations may make provision in connection with appeals under section 5B, including provision about—

(a) the grounds on which an appeal may be made,

(b) the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal.

(2) Regulations under subsection (1) may also make provision about the procedure to be followed, including—

(a) the form, manner and time for making an appeal,

(b) the notification of an appeal,

(3) Regulations made by virtue of subsection (2)(c) may also include provision that the manner in which an appeal, or any stage of an appeal, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard) is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act).

(4) Schedule 3 (which makes provision about the determination of certain appeals by a person appointed by the Scottish Ministers) applies to an appeal under section 5B.

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