SCHEDULES

SCHEDULE 10 Listed Buildings, Conservation Areas and Hazardous Substances - Scotland

The 1972 Act

I34

In section 92, (power to serve listed buildings enforcement notice)—

a

subsection (1)(c) is omitted; and

b

for subsection (4) there is substituted—

4

A listed building enforcement notice—

a

shall specify the date upon which it is to take effect, and, subject to section 93(3) of this Act, shall take effect on that date, and

b

shall specify the period within which any steps are required to be taken and may specify different periods for different steps,

and, where different periods apply to different steps, references in this Part of this Act to the period for compliance with a listed building enforcement notice, in relation to any step, are to the period within which the step is required to be taken.

The 1972 Act

I11

The 1972 Act is amended as follows.

I22

For 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.

SCHEDULE 10 Listed Buildings, Conservation Areas and Hazardous Substances - Scotland

The 1972 Act

I34

In section 92, (power to serve listed buildings enforcement notice)—

a

subsection (1)(c) is omitted; and

b

for subsection (4) there is substituted—

4

A listed building enforcement notice—

a

shall specify the date upon which it is to take effect, and, subject to section 93(3) of this Act, shall take effect on that date, and

b

shall specify the period within which any steps are required to be taken and may specify different periods for different steps,

and, where different periods apply to different steps, references in this Part of this Act to the period for compliance with a listed building enforcement notice, in relation to any step, are to the period within which the step is required to be taken.