Part VI

Enforcement

Temporary stop notices

Temporary stop notices: offences
144C
1
A person is guilty of an offence if he contravenes a temporary stop notice—
a
which has been served on him, or
b
a copy of which has been displayed in pursuance of section 144A(4).
2
Contravention of a temporary stop notice includes causing or permitting the contravention of it.
3
An offence under this section may be charged by reference to a day or to a period longer than a day.
4
A person may, in relation to the same temporary stop notice, be convicted of more than one offence under this section by reference to different days or different periods.
5
It is a defence in any proceedings under this section that—
a
the temporary stop notice was not served on the accused, and
b
he did not know, and could not reasonably have been expected to know, of its existence.
6
A person convicted of an offence under this section is liable—
a
on summary conviction, to a fine not exceeding
£50,000,
b
on conviction on indictment, to a fine.
7
In determining the amount of the fine, the court is in particular to have regard to any financial benefit which has accrued or appears likely to accrue to the convicted person in consequence of the activity which constituted the offence.
Ss. 144A-144D and cross-heading inserted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 26(1), 59(2); S.S.I. 2008/411, art. 2(2)(3)(b); S.S.I. 2009/219, art. 2, sch.
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)
Sum in s. 144C(6)(a) substituted (20.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 42(6), 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