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Planning (Listed Buildings and Conservation Areas) Act 1990

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This is the original version (as it was originally enacted).

43Penalties for non-compliance with listed building enforcement notice

(1)Where a listed building enforcement notice has been served on the person who at the time when the notice was served was the owner of the building to which it relates, and any steps required by the notice have not been taken within the compliance period, then subject to the provisions of this section, that person shall be guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum, or

(b)on conviction on indictment, to a fine.

(2)Where proceedings have been brought under subsection (1) against a person (“the original owner”) who ceased to be the owner of the building before the end of the compliance period, if he—

(a)duly lays information to that effect; and

(b)gives the prosecution not less than three clear days' notice of his intention,

he shall be entitled to have the person who then became the owner of the building (“the subsequent owner”) brought before the court in the proceedings.

(3)Where in such proceedings—

(a)it is proved that any steps required by the notice have not been taken within the compliance period; and

(b)the original owner proves that the failure to take those steps was attributable, in whole or in part, to the default of the subsequent owner,

then—

(i)the subsequent owner may be convicted of the offence; and

(ii)if the original owner also proves that he took all reasonable steps to secure compliance with the notice, he shall be acquitted of the offence.

(4)If, after a person has been convicted under the previous provisions of this section, he does not as soon as practicable do everything in his power to secure compliance with the notice, he shall be guilty of a further offence and liable—

(a)on summary conviction, to a fine not exceeding £200 for each day following his first conviction on which any of the requirements of the notice remain unfulfilled; or

(b)on conviction on indictment, to a fine.

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