- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (26/03/1992)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 27/05/1997
Point in time view as at 26/03/1992. This version of this provision has been superseded.
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There are currently no known outstanding effects for the Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997), Section 89.
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(1)Compliance with an enforcement notice, whether in respect of—
(a)the [F2removal] or alteration of any building or works; or
(b)the discontinuance of any use of land,
or in respect of any other requirements contained in the enforcement notice, shall not discharge the enforcement notice.
(2)Without prejudice to subsection (1) of this section, any provision of an enforcement notice requiring a use of land to be discontinued shall operate as a requirement that it shall be discontinued permanently, to the extent that it is in contravention of Part III of this Act; and accordingly the resumption of that use at any time after it has been discontinued in compliance with the enforcement notice shall to that extent be in contravention of the enforcement notice.
(3)Without prejudice to subsection (1) of this section, if any development is carried out on land by way of reinstating or restoring buildings or works which have been [F3removed] or altered in compliance with an enforcement notice, the notice shall, notwithstanding that its terms are not apt for the purpose, be deemed to apply in relation to the buildings or works as reinstated or restored as it applied in relation to the buildings or works before they were [F3removed]or altered.
(4)a person who, without the grant of planning permission in that behalf, carries out any development on land by way of reinstating or restoring buildings or works which have been [F3removed] or altered in compliance with an enforcement notice shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding [F4level 5 on the standard scale].
Textual Amendments
F2Word in s. 89(1) substituted (26.3.92) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13 para. 24(a) (with s. 84(5)); S.I. 1992/334, art. 4, Sch.2
F3Words in s. 89(3)(4) substituted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para. 24(b) (with s. 84(5)); S.I. 1992/334, art. 4, Sch.2
F4Words substituted by virtue of Criminal Procedure (Scotland) Act s. 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)
Modifications etc. (not altering text)
C2S. 89 extended (with modifications) (26.3.1992) by S.I. 1992/478, reg.2, Sch.
S. 89 modified (1.5.1993) by S.I. 1993/323, reg. 21, Sch. 4 Pts.2, 5
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