Part VI

Enforcement

Planning contravention notices

Penalties for non-compliance with planning contravention notice.
126
1
If at any time after the end of the period of 21 days beginning with the day on which a planning contravention notice has been served on any person, he has not complied with any requirement of the notice, he shall be guilty of an offence.
2
An offence under subsection (1) may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under that subsection by reference to any period of time following the preceding conviction for such an offence.
3
It shall be a defence for a person charged with an offence under subsection (1) to prove that he had a reasonable excuse for failing to comply with the requirement.
4
A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
5
If any person—
a
makes any statement purporting to comply with a requirement of a planning contravention notice which he knows to be false or misleading in a material particular, or
b
recklessly makes such a statement which is false or misleading in a material particular,
he shall be guilty of an offence.
6
A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding the statutory maximum.
Ss. 123-149 functions made exercisable concurrently (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I. 2003/1), arts. 1, 7(1)(b)
Pt. 6 applied (with modifications) (1.4.2010) by The Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60), regs. 1(1), 30 (with arts. 4, 5)
Pt. 6 modified (16.9.2011) by The Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 (S.I. 2011/2305), regs. 1, 19(2)
Words in s. 126(4) substituted (20.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 42(2)(a), 63(2); S.S.I. 2019/377, reg. 2 (with regs. 5-10) (as amended by S.S.I. 2019/411, regs. 1, 2)
Words in s. 126(6) substituted (20.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 42(2)(b), 63(2); S.S.I. 2019/377, reg. 2 (with regs. 5-10) (as amended by S.S.I. 2019/411, regs. 1, 2)
Pt. 6: power to modify conferred (6.1.2025) by Housing (Cladding Remediation) (Scotland) Act 2024 (asp 7), ss. 29(5), 39(2); S.S.I. 2024/370, reg. 2