Search Legislation

Historic Environment (Amendment) (Scotland) Act 2011

What Version

 Help about what version

Advanced Features

 Help about advanced features

Opening Options

 Help about opening options

Status:

This version of this provision is prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Historic Environment (Amendment) (Scotland) Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Prospective

22Enforcement notice: requirement to cease worksS

This sectionnoteType=Explanatory Notes has no associated

(1)The 1997 Act is amended in accordance with this section.

(2)In section 34 (power to issue listed building enforcement notice)—

(a)after subsection (1) insert—

(1A)A listed building enforcement notice shall specify the alleged contravention and shall (either or both)—

(a)specify any works falling within subsection (1) which the authority requires to cease,

(b)require steps falling within subsection (2) and specified in the notice to be taken.,

(b)in subsection (2), for the words from the beginning to “taken”, substitute “ Those steps are ”,

(c)in subsection (5), for the words from “any”, where it first occurs, to the end of that subsection, substitute

(i)any works required to cease must cease,

(ii)any steps required to be taken must be taken,

and may specify different periods for different works or steps. ,

(d)after that subsection insert—

(5A)Where different periods apply to different works or steps, references in this Act to the period for compliance with a listed building enforcement notice, in relation to any works or step, are to the period within which the works are required to cease or the step is required to be taken.

(5B)The date specified in the notice under subsection (5)(a) must be at least 28 days after the date on which the notice is served..

(3)In section 35 (appeal against listed building enforcement notice), after subsection (1)(i) insert—

(ia)that the cessation of any works required by the notice exceeds what is necessary to remedy the contravention of section 8(1) or (2),.

(4)In section 39 (offence where listed building enforcement notice not complied with)—

(a)in subsection (1), after “taken” where it second occurs, insert “ or any works required by the notice to cease have not ceased ”,

(b)at the end of paragraph (a) of subsection (4), insert “ or that all works required by the notice to cease were ceased, ”.

(5)In section 40(1) (effect of listed building consent on listed building enforcement notice), after “as”, where it first occurs, insert “ such work is or such works are required by the notice to cease, or in so far as ”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources