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

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This is the original version (as it was originally enacted).

41Enforcement by Secretary of State

(1)If it appears to the Secretary of State that it is expedient that a listed building enforcement notice should be served in respect of any land, he may himself serve such a notice under section 34.

(2)A listed building enforcement notice served by the Secretary of State shall have the same effect as a notice served by the planning authority.

(3)The Secretary of State shall not serve such a notice without consulting the planning authority.

(4)The provisions of this Act relating to listed building enforcement notices apply, so far as relevant, to a listed building enforcement notice served by the Secretary of State as they apply to a listed building enforcement notice served by a planning authority, but with the substitution for any reference to the planning authority of a reference to the Secretary of State, and any other necessary modifications.

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