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

52 Recovery of grants under section 51. S

(1) [F1 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.

[F2 (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) [F3 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.

[F4 (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

F1 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.

F2 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.

F3 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.

F4 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.