Historic Environment (Amendment) (Scotland) Act 2011 Explanatory Notes

New section 41C – Power of the Scottish Ministers to serve stop notice

89.New section 41C allows Scottish Ministers to serve a stop notice under section 41A. It clarifies that notices so served have the same effect as those served by a local planning authority and that provisions of the Act relating to stop notices apply to those served by Scottish Ministers as they apply to those served by the planning authority. Scottish Ministers may serve a stop notice either where a planning authority have issued an enforcement notice or where Scottish Ministers themselves have issued the enforcement notice.

90.Subsection (3) makes it clear that Scottish Ministers must consult the planning authority before issuing a stop notice.

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