{
  "url": "https://openlegislation.uk/planning-listed-buildings-and-conservation-areas-scotland-act-1997/section-41",
  "json_url": "https://openlegislation.uk/planning-listed-buildings-and-conservation-areas-scotland-act-1997/section-41.json",
  "legislation": "ukpga/1997/9",
  "legislation_title": "Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997",
  "legislation_url": "https://openlegislation.uk/planning-listed-buildings-and-conservation-areas-scotland-act-1997",
  "path": "section/41",
  "kind": "section",
  "number": "41",
  "heading": "Enforcement by Secretary of State.",
  "text": "(1) If it appears to the Secretary of State that it is expedient that a listed building enforcement notice should be served in respect of any land, he may himself serve such a notice under section 34.\n(2) A listed building enforcement notice served by the Secretary of State shall have the same effect as a notice served by the planning authority.\n(3) The Secretary of State shall not serve such a notice without consulting the planning authority.\n(4) The provisions of this Act relating to listed building enforcement notices apply, so far as relevant, to a listed building enforcement notice served by the Secretary of State as they apply to a listed building enforcement 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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "Ss. 28-41I applied (with modifications) (1.10.2015) by The Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015 (S.S.I. 2015/243), regs. 1, 15, sch. 3 (with reg. 2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1997/9/section/41",
    "retrieved_at": "2026-10-29T09:28:04.824686+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}