SCHEDULES
SCHEDULE 10 Listed Buildings, Conservation Areas and Hazardous Substances - Scotland
The 1972 Act
I36
1
Section 93 (appeals) is amended as follows.
2
In subsection (1)—
a
for paragraph (b) there is substituted—
b
that the matters alleged to constitute a contravention of section 53(1) or (4) of this Act have not occurred;
ba
that those matters (if they occurred) do not constitute such a contravention;
b
paragraph (k) is omitted.
3
For subsection (2) of that section there is substituted—
2
An appeal under this section shall be made either—
a
by giving written notice of the appeal to the Secretary of State before the date specified in the listed building enforcement notice as the date on which it is to take effect; or
b
by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date.
4
In subsection (4) (power to correct notice on appeal), for paragraph (a) there is substituted—
a
the Secretary of State may—
i
correct any defect, error or misdescription in the listed building enforcement notice; or
ii
vary the terms of the listed building enforcement notice,
if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.
5
In subsection (5), the words “or for varying the terms of the notice in favour of the appellant" are omitted.
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
I36
1
Section 93 (appeals) is amended as follows.
2
In subsection (1)—
a
for paragraph (b) there is substituted—
b
that the matters alleged to constitute a contravention of section 53(1) or (4) of this Act have not occurred;
ba
that those matters (if they occurred) do not constitute such a contravention;
b
paragraph (k) is omitted.
3
For subsection (2) of that section there is substituted—
2
An appeal under this section shall be made either—
a
by giving written notice of the appeal to the Secretary of State before the date specified in the listed building enforcement notice as the date on which it is to take effect; or
b
by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date.
4
In subsection (4) (power to correct notice on appeal), for paragraph (a) there is substituted—
a
the Secretary of State may—
i
correct any defect, error or misdescription in the listed building enforcement notice; or
ii
vary the terms of the listed building enforcement notice,
if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.
5
In subsection (5), the words “or for varying the terms of the notice in favour of the appellant" are omitted.