Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

Section 5.

SCHEDULE 2 Lapse of building preservation notice

1 This Schedule applies where a building preservation notice ceases to be in force by virtue of—

(a) the expiry of the 6 months period mentioned in subsection (3)(b) of section 3; or

(b) the service of a notification by the Secretary of State under subsection (4)(b) of that section.

2 The fact that the notice has ceased to be in force shall not affect the liability of any person to be prosecuted and punished for an offence under section 8 or 39 committed by him with respect to the building while it was in force.

3 Any proceedings on or arising out of an application for listed building consent with respect to the building made while the notice was in force and any such consent granted while it was in force shall lapse.

4 (1) Any listed building enforcement notice served by the planning authority while the building preservation notice was in force shall cease to have effect.

(2) Any proceedings on it under sections 34 to 37 shall lapse.

(3) Notwithstanding sub-paragraph (1), section 38(1) and (2) shall continue to have effect as respects any expenses incurred by the planning authority, owner, lessee or occupier as mentioned in that section and with respect to any sums paid on account of such expenses.