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Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997
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Changes and effects yet to be applied to Section 8:
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This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 8(4)(a) text amended by 2011 asp 3 s. 19
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
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This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act applied by 2006 asp 6 s. 73(1)
- Act applied by S.S.I. 2006/269 art. 4(7)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 5A inserted by 2011 asp 3 s. 18(1)
- s. 10A inserted by 2011 asp 3 s. 20(1)
- s. 10A(1) modified by S.S.I. 2011/377 art. 5
- s. 28A inserted by 2004 c. 5 Sch. 5 para. 2
- s. 39A inserted by 2011 asp 3 s. 24
- s. 41A-41I inserted by 2011 asp 3 s. 23(1)
- s. 50A-50G inserted by 2011 asp 3 s. 26(3)
- s. 73A inserted by 2004 c. 5 s. 90(2)
- s. 73A(ga) inserted by 2011 asp 3 s. 28(b)
- s. 73A(2) text amended by 2011 asp 3 s. 28
- s. 73A(2)(ea)(eb) inserted by 2011 asp 3 s. 28(a)
- s. 73B inserted by 2004 c. 5 s. 93(1)
- s. 73C inserted by 2004 c. 5 Sch. 5 para. 7
- s. 73D 73E inserted by 2004 c. 5 s. 94(4)
- s. 73F inserted by 2004 c. 5 Sch. 5 para. 11
- s. 78A inserted by 2004 c. 5 Sch. 5 para. 15
Commencement Orders yet to be applied to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2004/2097 art. 2 commences (2004 c. 5)
- S.I. 2006/1281 art. 2-4 commences (2004 c. 5)
- S.I. 2011/2329 art. 2 3 commences (2011 c. 5)
- S.S.I. 2003/219 art. 2 commences (2003 asp 4)
- S.S.I. 2003/456 art. 2 commences (2000 asp 5)
- S.S.I. 2006/101 art. 2 commences ()
- S.S.I. 2006/243 art. 3 commences (2004 c. 5)
- S.S.I. 2006/268 art. 3 commences (2004 c. 5)
- S.S.I. 2007/130 art. 2 Sch. commences (2006 asp 17)
- S.S.I. 2008/191 art. 3 commences (2006 asp 17)
- S.S.I. 2008/411 art. 2 commences (2006 asp 17)
- S.S.I. 2011/38 art. 2 Sch. commences (2011 asp 2)
- S.S.I. 2011/174 art. 2 commences (2011 asp 3)
- S.S.I. 2011/372 art. 2 Sch. commences (2011 asp 3)
- S.S.I. 2011/382 art. 2 commences ()
8 Offences.S
(1)If a person contravenes section 6 he shall be guilty of an offence.
(2)Without prejudice to subsection (1), if a person executing or causing to be executed any works in relation to a listed building under a listed building consent fails to comply with any condition attached to the consent, he shall be guilty of an offence.
(3)In proceedings for an offence under this section it shall be a defence to prove the following matters—
(a)that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building,
(b)that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter,
(c)that the works carried out were limited to the minimum measures immediately necessary, and
(d)that notice in writing justifying in detail the carrying out of the works was given to the planning authority as soon as reasonably practicable.
(4)A person guilty of an offence under this section shall be liable—
(a)on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding £20,000, or both, or
(b)on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine, or both.
(5)In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.
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