2011 No. 424
The Planning (Listed Buildings) (Amount of Fixed Penalty) (Scotland) Regulations 2011
Made
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 39A(5) and (13) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 19971 and all other powers enabling them to do so.
In accordance with section 82(3A)2 of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation1
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In these Regulations reference to a listed building enforcement notice does not include a notice which is withdrawn by the planning authority or quashed.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 penalty2
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.
(This note is not part of the Regulations)