SCHEDULES

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

The 1972 Act

I38

In section 95 (execution and cost of works required by listed building enforcement notice), at the end there is inserted—

4

Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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

I38

In section 95 (execution and cost of works required by listed building enforcement notice), at the end there is inserted—

4

Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.