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Town and Country Planning Act 1990

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This is the original version (as it was originally enacted).

193Supplementary provisions as to applications

(1)An application for an established use certificate shall be made in such manner as may be prescribed by a development order and shall include such particulars, and be verified by such evidence, as may be required by such an order or by any directions given under such an order, or by the local planning authority or, in the case of an application referred to the Secretary of State, by him.

(2)A development order may provide that an application for an established use certificate shall not be entertained unless it is accompanied by a certificate in such form as may be prescribed by the order and corresponding to one of those described in section 66(1) or section 67(3).

(3)Any such order may also—

(a)include requirements corresponding to section 66(2) to (6) (or, as the case may be, section 67(5), (6) and (11)) and section 71(2); and

(b)make provision as to who, in the case of any land, is to be treated as the owner for the purposes of any provision of the order made by virtue of subsection (2) or this subsection.

(4)If any person—

(a)issues a certificate which purports to comply with any provision of a development order made by virtue of subsection (2) or (3) and contains a statement which he knows to be false or misleading in a material particular, or

(b)recklessly issues a certificate which purports to comply with any such provision and contains a statement which is false or misleading in a material particular,

he shall be guilty of an offence.

(5)A person guilty of such an offence shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6)If any person, for the purpose of procuring a particular decision on an application (whether by himself or another) for an established use certificate—

(a)knowingly or recklessly makes a statement which is false in a material particular; or

(b)with intent to deceive, produces, furnishes, sends or otherwise makes use of any document which is false in a material particular; or

(c)with intent to deceive, withholds any material information,

he shall be guilty of an offence.

(7)A person guilty of such an offence shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum, or

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

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