9 Offences. E+W
(1)If a person contravenes section 7 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 local planning authority as soon as reasonably practicable.
[F1(3A)In proceedings for an offence under this section in relation to a building on which interim protection is conferred (which is, as a result of section 2B(2), treated as a listed building)—
(a)it is a defence for the person to show that the person did not know, and could not reasonably have been expected to know, that interim protection had been conferred on the building; and
(b)where the defence is raised by a person on whom a notice should have been served under section 2A(2), it is for the prosecution to prove that the notice was served on that person.]
F2[(4)A person who is guilty of an offence under this section shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding six months or [F3a fine], or both; or
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.]
(5)In determining the amount of any fine to be imposed on a person convicted F4 . . . 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.
Textual Amendments
F1S. 9(3A) inserted (21.3.2016 for specified purposes, 31.5.2017 in so far as not already in force) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 24(2), 41(1)(c)(3); S.I. 2017/633, art. 5(c) (with art. 6(2))
F2S. 9(4) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 25, Sch. 3 Pt. I para. 1(a); S.I. 1991/2067, art.3
F3Words in s. 9(4)(a) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 19(2) (with reg. 5(1))
F4Words in s. 9(5) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 84(6), Schs. 3 Pt. I para. 1(b), 19 Pt.I; S.I. 1991/2067, art. 3 and Sch.1
Modifications etc. (not altering text)
C1Ss. 9–12 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3
C2S. 9 restricted (1.10.1994) by S.I. 1994/1771, art. 5(5)
C3Ss. 9-12 modified (W.) (30.4.2012) by The Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012 (No. 793), regs. 1, 16, Sch. 3
C4Ss. 7-29 applied (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))