Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

Grants for repair and maintenance S

51 Power of local authority to contribute to preservation of listed buildings etc. S

(1) A local authority may contribute towards the expenses incurred or to be incurred in the repair or maintenance—

(a) of a listed building which is situated in or in the vicinity of their area, or

(b) of a building in their area which is not listed but appears to them to be of architectural or historic interest.

(2) At the time of making such a contribution the local authority may also contribute towards the expenses incurred, or to be incurred, in the upkeep of any garden occupied with the building and contiguous or adjacent to it.

(3) A contribution under this section may be made by grant or loan.

(4) A contribution by way of loan may be made upon such terms and conditions as the local authority may determine including (but without prejudice to the foregoing) a term that the loan shall be free of interest.

(5) A local authority—

(a) may renounce their right to repayment of such a loan or any interest for the time being outstanding, and

(b) by agreement with the borrower may otherwise vary any of the terms and conditions on which such a loan is made.

[F1 (5A) A contribution under this section by way of grant may be made subject to such conditions as the local authority may determine.]

(6) [F2 Without prejudice to the generality of subsection (5A),] a local authority may require as a condition of the making by them of a contribution under this section by way of grant towards the expenses of the repair or maintenance or upkeep of any property that the person to whom the grant is made shall enter into an agreement with them for the purpose of enabling the public to have access to the property or part of it during such period and at such times as the agreement may provide.

Textual Amendments

F1 S. 51(5A) inserted (30.6.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 27(2)(a), 33(2); S.S.I. 2011/174, art. 2, sch.

F2 Words in s. 51(6) inserted (30.6.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 27(2)(b), 33(2); S.S.I. 2011/174, art. 2, sch.

52 Recovery of grants under section 51. S

(1) [F3 Subject to subsection (1A),] if, during the period of 3 years beginning with the day on which a grant is made under section 51 towards the repair or maintenance or upkeep of any property (“the grant property”), the grantee disposes of the interest held by him in the property on that day or any part of that interest, by way of sale or excambion or lease for a term of not less than 21 years, the local authority may recover the amount of the grant, or such part of it as they think fit, from the grantee.

[F4 (1A) Where a condition imposed on the making of a grant to which this section applies specifies, or makes provision for calculating, the amount recoverable in the event of a disposal by the grantee of that interest, that amount is the amount recoverable under subsection (1) in respect of the disposal.]

(2) If the grantee gives the whole of that interest to any person (whether directly or indirectly, but otherwise than by will) subsection (1) shall have effect as if the donee were the grantee.

(3) If the grantee gives part of that interest to any person (whether directly or indirectly, but otherwise than by will) subsection (1) shall have effect as if any disposal or part disposal of that interest by the donee were a disposal by the grantee.

(4) [F5 Subject to subsection (4A),] if any condition imposed on the making of a grant to which this section applies is contravened or not complied with, the local authority may recover the amount of the grant, or such part of it as they think fit, from the grantee.

[F6 (4A) Where a condition referred to in subsection (4) specifies, or makes provision for calculating, the amount recoverable in the event of a condition being contravened or not complied with, that amount is the amount recoverable under subsection (4) in respect of the contravention or failure to comply with the condition.]

(5) Nothing in this section entitles a local authority to recover amounts in the aggregate exceeding the amount of the grant (for example by virtue of a breach of more than one condition or disposals of several parts of an interest in the grant property).

Textual Amendments

F3 Words in s. 52(1) inserted (30.6.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 27(3)(a), 33(2); S.S.I. 2011/174, art. 2, sch.

F4 S. 52(1A) inserted (30.6.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 27(3)(b), 33(2); S.S.I. 2011/174, art. 2, sch.

F5 Words in s. 52(4) inserted (30.6.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 27(3)(c), 33(2); S.S.I. 2011/174, art. 2, sch.

F6 S. 52(4A) inserted (30.6.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 27(3)(d), 33(2); S.S.I. 2011/174, art. 2, sch.