The Planning (Listed Buildings) (Amount of Fixed Penalty) (Scotland) Regulations 2011

Made: 24th November 2011

Coming into force: 1st December 2011

In accordance with section82(3A)[^f00002] of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Planning (Listed Buildings) (Amount of Fixed Penalty) (Scotland) Regulations2011 and come into force on 1st December 2011.

• (2) In these Regulations reference to a listed building enforcement notice does not include a notice which is withdrawn by the planning authority or quashed.

Amount of fixed penalty

2

• (1) Subject to paragraphs (2) and (3), the amount prescribed for the purposes of section39A(5) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 is £2,000.

• (2) Where a fixed penalty notice is served as respects the breach of a second listed building enforcement notice relating to the same steps or works as specified in an earlier listed building enforcement notice, the amount is £3,500.

• (3) Where a fixed penalty notice is served as respects the breach of a third or subsequent listed building enforcement notice relating to the same steps or works as specified in an earlier listed building enforcement notice, the amount is £5,000.

Signed

FIONA HYSLOP — A member of the Scottish Executive — 24th November 2011

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations prescribe the increasing amounts of the penalty payable under a fixed penalty notice served under section39A of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

The fixed penalty is £2,000 in the case of a fixed penalty notice served as respects the breach of a first listed building enforcement notice, increasing to £3,500 for a fixed penalty notice served as respects the breach of a second listed building enforcement notice and £5,000 for fixed penalty notices served as respects the breach of any subsequent listed building enforcement notice.

Footnotes

[^f00001]: 1997 c.9; section 39A was inserted by section24 of the Historic Environment (Amendment) (Scotland) Act 2011 (asp 3); “prescribed” is defined by section 81(1). The functions of the Secretary of State transferred to the Scottish Ministers under section53 of the Scotland Act 1998 (c.46).

[^f00002]: Section82(3A) was inserted by section 30(4) of the Historic Environment (Amendment) (Scotland) Act 2011 and has been modified by paragraph5 of schedule3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp10).