# Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, Section 41: Enforcement by Secretary of State.


(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.
(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.
(3) The Secretary of State shall not serve such a notice without consulting the planning authority.
(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.

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Source: https://www.legislation.gov.uk/ukpga/1997/9/section/41 (the official version)
Page: https://openlegislation.uk/planning-listed-buildings-and-conservation-areas-scotland-act-1997/section-41
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

