Part IE+W Listed Buildings

Chapter IVE+W Enforcement

Modifications etc. (not altering text)

C1Chs. 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. E+W

(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.

[F1(1A)If it appears to the Secretary of State to be expedient that a temporary stop notice should be issued in respect of any land F2..., the Secretary of State may issue such a notice.]

(2)Before the Secretary of State serves a notice under subsection (1) [F3or (1A)] he shall consult—

(a)the local planning authority; and

(b)F4... 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.

[F5(3A)A temporary stop notice issued by the Secretary of State shall have the same effect as a notice issued by the local planning authority under section 44AA.]

(4)In relation to a listed building enforcement notice issued by the Secretary of State, [F6section 42] shall apply as if for any reference in [F6that 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 F7... outside Greater London be construed as references to the district planning authority.

Textual Amendments

Modifications etc. (not altering text)

C2Ss. 43–46 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

C4Ss. 32-50 applied in part (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))