Part I Listed Buildings
Chapter IV Enforcement
F1Stop notices
C141EPenalties for contravention of stop notice
1
A person who contravenes a stop notice after a site notice has been displayed, or after the stop notice has been served on the person, is guilty of an offence.
2
Contravention of a stop notice includes causing or permitting its contravention.
3
An offence under this section may be charged by reference to any day or longer period of time.
4
A person may, in relation to the same 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 stop notice was not served on the accused, and
b
the accused had no reasonable cause to believe that the works were prohibited by the stop notice.
6
A person guilty of an offence under this section is liable—
a
on summary conviction, to a fine not exceeding £20,000, and
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 person in consequence of the offence.
Ss. 41A-41I and cross-headings inserted (30.6.2011 for specified purposes, 1.12.2011 in so far as not already in force) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 23(1), 33(2); S.S.I. 2011/174, art. 2, sch.; S.S.I. 2011/372, art. 2, Sch.