[F19EOffence where scheduled monument enforcement notice not complied withS
(1)Where, after the end of the period for compliance with a scheduled monument enforcement notice, any works required by the notice to cease have not ceased or any step required by the notice has not been taken, the person who is for the time being owner of the scheduled monument or of the land in, on or under which it is situated is in breach of the notice.
(2)If at any time the owner of the monument or land is in breach of a scheduled monument enforcement notice the owner is guilty of an offence.
(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 scheduled monument enforcement notice, be convicted of more than one offence under this section by reference to different days or different periods.
(5)In proceedings against any person for an offence under this section, it is a defence for the person to show that—
(a)the person did everything the person could be expected to do to secure that all works required by the notice to cease were ceased or that all the steps required by the notice were taken, or
(b)the person was not served with a copy of the notice and was not aware of its existence.
(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 any fine to be imposed, 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.]
Textual Amendments
F1Ss. 9A-9O and cross-heading inserted (S.) (30.6.2011 for specified purposes, 1.12.2011 in so far as not already in force) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 6(1), 33(2); S.S.I. 2011/174, art. 2, Sch.; S.S.I. 2011/372, art. 2, Sch. (with savings in S.S.I. 2015/239, arts. 1(1), 8)