Part XII

Crown Land

Application of Act as respects Crown land

Enforcement in relation to the Crown
245A
1
No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act; but the Court of Session may, on the application of a public authority or office-holder responsible for the enforcement of anything required to be done, or prohibited, by or under this Act, declare unlawful any act or omission so done or suffered.
2
A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.
3
The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.
4
A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.
5
A step taken for the purposes of enforcement includes—
a
entering land,
b
initiating proceedings,
c
the making of an application.
6
A step taken for the purposes of enforcement does not include—
a
service of a notice,
b
the making of an order (other than a court order).
S. 245A inserted (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 94(2), 121(4) (with s. 111); S.S.I. 2006/268, art. 3(b)