Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Planning (Listed Buildings) (Amount of Fixed Penalty) (Scotland) Regulations 2011 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(2) In these Regulations reference to a listed building enforcement notice does not include a notice which is withdrawn by the planning authority or quashed.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 section 39A(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.
FIONA HYSLOP
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
24th November 2011