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Caravan Sites and Control of Development Act 1960

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This is the original version (as it was originally enacted).

36Liability of owner of land for failure to comply with requirements of an enforcement notice other than the discontinuance of a use of land

(1)Subject to the provisions of this section, where an enforcement notice has been served under Part III of the Act of 1947 on the person who was, when the notice was served on him, the owner of the land to which the enforcement notice relates and within the period specified in the enforcement notice, or within such extended period as the local planning authority may allow, any steps required by the enforcement notice to be taken (other than the discontinuance of any use of land) have not been taken, that person shall be liable on summary conviction to a fine not exceeding one hundred pounds.

(2)If a person against whom proceedings are brought under this section has at some time before the end of the said period specified in the enforcement notice for compliance with the notice (or of such extended period as the local planning authority may allow for compliance with the notice) ceased to be the owner of the land, he shall, upon information duly laid by him and on giving to the prosecution not less than three clear days' notice of his intention, be entitled to have the person who then became the owner of the land brought before the court in the proceedings.

(3)If, after it has been proved that any steps required by the enforcement notice have not been taken as aforesaid, the original defendant proves that the failure to take the steps was attributable in whole or in part to the default of the said other person, that other person may be convicted of the offence and, if the original defendant further proves that he took all reasonable steps to secure compliance with the enforcement notice, he shall be acquitted of the offence.

(4)If after a person is convicted under this section he does not as soon as practicable do everything in his power to secure compliance with the enforcement notice he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding twenty pounds for each day following his first conviction on which any of the requirements of the enforcement notice (other than the discontinuance of any use of land) remain unfulfilled.

(5)In this section the expression " owner ", in relation to any land, means a person, other than a mortgagee not in possession, who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let.

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