Paragraph 36

In section 177 (validity of enforcement notices and similar notices) the following subsections shall be substituted for subsections (1) to (3) :—

“(1)

Subject to this section—

(a)

the validity of an enforcement notice shall not, except by way of an appeal under Part II of the Act of 1968, be questioned in any proceedings whatsoever on any of the grounds specified in paragraphs (b) to (e) of section 16(1) of that Act;

(b)

the validity of a listed building enforcement notice under section 44 of the Act of 1968 shall not, except by way of an appeal under Part IV of Schedule 5 to that Act be questioned in any proceedings whatsoever on any of the grounds specified in sub-paragraphs (b) or (e) of paragraph 18(1) of that Schedule.

(2)

Subsection (1)(a) above shall not apply to proceedings brought under section 47(5) of this Act against a person who—

(a)

has held an interest in the land since before the enforcement notice was served under Part II of the Act of 1968; and

(b)

did not have the enforcement notice served on him thereunder ; and

(c)

satisfies the court that—

(i)

he did not know and could not reasonably have been expected to know that the enforcement notice had been served ; and

(ii)

his interests have been substantially prejudiced by the failure to serve him.”