Housing (Scotland) Act 1987

119 Listed buildings and houses subject to building preservation orders. S

(1) Where apart from this section a local authority would be empowered to make a demolition order under this Part with respect to a building—

(a) in relation to which a building preservation notice served under [F1 sections 3 to 5 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997] is in force, or

(b) which is a listed building within the meaning of [F1 section 1(4)] of that Act,

they shall not make a demolition order but instead may make a closing order or closing orders under this section in respect of the house or houses comprised in the building.

(2) Where a building to which a demolition order made under this Part by a local authority applies (whether or not that order has become operative) becomes—

(a) subject to a building preservation notice served under [F2 the said sections 3 to 5], or

(b) a listed building within the meaning of [F2 the said section 1(4)],

the local authority shall revoke the demolition order and may make a closing order or closing orders in respect of the house or houses comprised in the building.

(3) The provisions of sections 114(1), 116, 117 and 118 shall, subject to any necessary modifications, have effect in relation to a closing order made under this section as they have effect in relation to a closing order made under those sections.

Textual Amendments

F1 Words in s. 119(1)(a)(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 40(2)(a)

F2 Words in s. 119(2)(a)(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 40(2)(b)