Part I Listed Buildings

C2Chapter IV Enforcement

Annotations:
Modifications etc. (not altering text)
C2

Chs. I, II (ss. 1-26) and IV (ss. 38-44) of Pt. I, ss. 54-56, 59-61, 66, 68-72, 74-76 and 88: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(b); S.I. 1993/2762, art.3.

46 Enforcement by the Secretary of State. C1

1

If it appears to the Secretary of State to be expedient that a listed building enforcement notice should be issued in respect of any land, he may issue such a notice.

2

Before the Secretary of State serves a notice under subsection (1) he shall consult—

a

the local planning authority; and

b

if the land is situated in England, the Commission.

3

A listed building enforcement notice issued by the Secretary of State shall have the same effect as a notice issued by the local planning authority.

4

In relation to a listed building enforcement notice issued by the Secretary of State, F1section 42 shall apply as if for any reference in F1that section to the local planning authority there were substituted a reference to the Secretary of State.

5

References in this section to the local planning authority shall in the case of an authority for an area F2in England outside Greater London be construed as references to the district planning authority.