Search Legislation

Historic Environment (Amendment) (Scotland) Act 2011

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Section 22

 Help about opening options

Alternative versions:

Exit from the EU:

There may be changes and effects to this Legislation not yet recorded or applied to the text

New legislation with 'EU Exit' in the title that references (and therefore may change) this legislation item:

Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. More information is available about EU Legislation and UK Law. The following results are legislation items with 'EU Exit' in their title that directly reference and therefore may change this item of legislation. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation.

Changes to legislation:

There are currently no known outstanding effects for the Historic Environment (Amendment) (Scotland) Act 2011, Section 22. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

22Enforcement notice: requirement to cease worksS

This section has no associated Explanatory Notes

(1)The 1997 Act is amended in accordance with this section.

(2)In section 34 (power to issue listed building enforcement notice)—

(a)after subsection (1) insert—

(1A)A listed building enforcement notice shall specify the alleged contravention and shall (either or both)—

(a)specify any works falling within subsection (1) which the authority requires to cease,

(b)require steps falling within subsection (2) and specified in the notice to be taken.,

(b)in subsection (2), for the words from the beginning to “taken”, substitute “ Those steps are ”,

(c)in subsection (5), for the words from “any”, where it first occurs, to the end of that subsection, substitute

(i)any works required to cease must cease,

(ii)any steps required to be taken must be taken,

and may specify different periods for different works or steps. ,

(d)after that subsection insert—

(5A)Where different periods apply to different works or steps, references in this Act to the period for compliance with a listed building enforcement notice, in relation to any works or step, are to the period within which the works are required to cease or the step is required to be taken.

(5B)The date specified in the notice under subsection (5)(a) must be at least 28 days after the date on which the notice is served..

(3)In section 35 (appeal against listed building enforcement notice), after subsection (1)(i) insert—

(ia)that the cessation of any works required by the notice exceeds what is necessary to remedy the contravention of section 8(1) or (2),.

(4)In section 39 (offence where listed building enforcement notice not complied with)—

(a)in subsection (1), after “taken” where it second occurs, insert “ or any works required by the notice to cease have not ceased ”,

(b)at the end of paragraph (a) of subsection (4), insert “ or that all works required by the notice to cease were ceased, ”.

(5)In section 40(1) (effect of listed building consent on listed building enforcement notice), after “as”, where it first occurs, insert “ such work is or such works are required by the notice to cease, or in so far as ”.

Commencement Information

I1S. 22 in force at 1.12.2011 by S.S.I. 2011/372, art. 2, Sch.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources