Section 6 Issue of certificate that building not intended to be listed ....F8

England and Wales

F1(A1)

The Secretary of State may, on the application of any person, issue a certificate stating that the Secretary of State does not intend to list a building F2....

F3(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

The issue of F4a certificate under subsection (A1) F5... in respect of a building shall—

(a)

preclude the Secretary of State for a period of 5 years from the date of issue from exercising in relation to that building any of the powers conferred on him by section 1; and

(b)

preclude the local planning authority for that period from serving a building preservation notice in relation to it.

(3)

Notice of an application under subsection F6(A1) F7... shall be given to the local planning authority within whose area the building is situated at the same time as the application is submitted to the Secretary of State.

(4)

In this section “local planning authority”, in relation to a building in Greater London, includes the Commission.

Annotations

Textual amendments

F1: S. 6(A1) inserted (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 17 para. 9(2); S.I. 2013/1455, art. 2(d) (with art. 4(2))
F2: Words in s. 6(A1) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 101(b) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
F3: S. 6(1) omitted (21.5.2016) by virtue of Historic Environment (Wales) Act 2016 (anaw 4), ss. 27(1)(a), 41(2)
F4: Words in s. 6(2) substituted (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 17 para. 9(4); S.I. 2013/1455, art. 2(d) (with art. 4(2))
F5: Words in s. 6(2) omitted (21.5.2016) by virtue of Historic Environment (Wales) Act 2016 (anaw 4), ss. 27(1)(b), 41(2)
F6: Words in s. 6(3) inserted (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 17 para. 9(5); S.I. 2013/1455, art. 2(d) (with art. 4(2))
F7: Words in s. 6(3) omitted (21.5.2016) by virtue of Historic Environment (Wales) Act 2016 (anaw 4), ss. 27(1)(c), 41(2)
F8: Word in s. 6 heading omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 101(a) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

Notes on Chapter 1

Modifications

C1: Chs. I, II (ss. 1-26) and IV (ss. 38-44) of Pt. I, ss. 54-56, 59-61, 66, 68-72, 74-76 and 88: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(b); S.I. 1993/2762, art.3.