SCHEDULES
SCHEDULE 10 Listed Buildings, Conservation Areas and Hazardous Substances - Scotland
The 1972 Act
I35
For section 92(5) of that Act (withdrawal of notices) there is substituted—
5
The planning authority may—
a
withdraw a listed building enforcement notice (without prejudice to their power to issue another); or
b
waive or relax any requirement of such a notice and, in particular, may extend the period specified in accordance with section 92(4) of this Act,
and the powers conferred by this subsection may be exercised whether or not the notice has taken effect.
5A
The planning authority shall, immediately after exercising the powers conferred by subsection (5), give notice of the exercise to every person who has been served with a copy of the listed building enforcement notice or would, if the notice were re-issued, be served with a copy of it
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
I35
For section 92(5) of that Act (withdrawal of notices) there is substituted—
5
The planning authority may—
a
withdraw a listed building enforcement notice (without prejudice to their power to issue another); or
b
waive or relax any requirement of such a notice and, in particular, may extend the period specified in accordance with section 92(4) of this Act,
and the powers conferred by this subsection may be exercised whether or not the notice has taken effect.
5A
The planning authority shall, immediately after exercising the powers conferred by subsection (5), give notice of the exercise to every person who has been served with a copy of the listed building enforcement notice or would, if the notice were re-issued, be served with a copy of it