Part VI

Enforcement

Stop notices

Power of the Secretary of State to serve stop notice.
142
1
If it appears to the Secretary of State that it is expedient that a stop notice should be served in respect of any land, he may himself serve such a notice under section 140.
2
A stop notice served by the Secretary of State shall have the same effect as if it had been served by the planning authority.
3
The Secretary of State shall not serve such a notice without consulting the planning authority.
4
The provisions of this Act relating to stop notices apply, so far as relevant, to a stop notice served by the Secretary of State as they apply to a stop notice served by a planning authority, but with the substitution for any reference to the planning authority of a reference to the Secretary of State, and any other necessary modifications.
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)
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