7For section 94 (penalties for non-compliance with listed building enforcement notice) there is substituted—
“94(1)Where, after the end of the period for compliance with the notice, any step required by a listed building enforcement notice to be taken has not been taken, the person who is for the time being owner of the land is in breach of the duty under this subsection.
(2)If at any time the owner of the land is in breach of a listed building enforcement notice he shall be guilty of an offence.
(3)An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence.
(4)In proceedings against any person for an offence under this section, it shall be a defence for him to show—
(a)that he did everything he could be expected to do to secure that all the steps required by the notice were taken; or
(b)that he was not served with a copy of the listed building enforcement notice and was not aware of its existence.
(5)A person guilty of an offence under this section shall be liable—
(a)on summary conviction, to a fine not exceeding £20,000; and
(b)on conviction on indictment, to a fine.
(6)In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.”
Commencement Information
I1Sch. 10 para. 7 wholly in force at 26.3.1992 (subject to art. 5 of S.I. 1992/334) see s. 84(2)(3) and S.I. 1992/334, arts. 4, 5.
1The 1972 Act is amended as follows.
Commencement Information
I2Sch. 10 para. 1 wholly in force at 25.9.1991, see s, 84(2)(3) and S.I. 1991/2092, art. 3
2For section 53(5) (offences: penalties) there is substituted—
“(5)A person who is guilty of an offence under this section shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000, or both; or
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both;
and in determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.”
Commencement Information
I3Sch. 10 para. 2 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2092, art. 3
7For section 94 (penalties for non-compliance with listed building enforcement notice) there is substituted—
“94(1)Where, after the end of the period for compliance with the notice, any step required by a listed building enforcement notice to be taken has not been taken, the person who is for the time being owner of the land is in breach of the duty under this subsection.
(2)If at any time the owner of the land is in breach of a listed building enforcement notice he shall be guilty of an offence.
(3)An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence.
(4)In proceedings against any person for an offence under this section, it shall be a defence for him to show—
(a)that he did everything he could be expected to do to secure that all the steps required by the notice were taken; or
(b)that he was not served with a copy of the listed building enforcement notice and was not aware of its existence.
(5)A person guilty of an offence under this section shall be liable—
(a)on summary conviction, to a fine not exceeding £20,000; and
(b)on conviction on indictment, to a fine.
(6)In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.”
Commencement Information
I1Sch. 10 para. 7 wholly in force at 26.3.1992 (subject to art. 5 of S.I. 1992/334) see s. 84(2)(3) and S.I. 1992/334, arts. 4, 5.