OpenLegislation

Section 270 Power to require information as to interests in land.F1C1

Scotland

(1)

For the purpose of enabling any order to be made or any notice or other document to be served by them under the provisions of this Act, the Secretary of State or a local authority may in writing require the occupier of any land and any person who, either directly or indirectly, receives rent in respect of any land to supply in writing within a specified period, which shall not be less than twenty-one days from the service of the requirement on him, any of the following information—

(a)

the nature of his interest in the land;

(b)

the name and address of any other person known to him as having an interest in the land, whether as superior, owner, heritable creditor, lessee or otherwise;

(c)

details of the purposes for which the land is currently being used.

F2(d)

the time when that use began;,

(e)

the name and address of any person known to the person on whom the notice is served as having used the premises for those purposes;

(f)

the time when any activities being carried out on the premises began.

(2)

Any person who, having been required in pursuance of this section to give any information, fails to give that information shall be guilty of an offence and liable on summary conviction to a fine not exceeding F3level 3 on the standard scale.

(3)

Any person who, having been so required to give any information, knowingly makes any misstatement in respect thereof shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to imprisonment for a term not execeeding two years or to a fine, or both.

F4(4)

It shall be a defence in any proceedings under subsection (2) of this section that the accused did not know, and had no reasonable cause to know the information required of him.

Annotations

Textual amendments

F1

S. 270(1) substituted by Town and Country Planning (Scotland) Act 1977 (c. 10), s. 5(4)(a)

F2

S. 270(1)(d)–(f) inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 530, Sch. 11 Pt. II para. 52

F3

Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F4

S. 270(4) added by Town and Country Planning (Scotland) Act 1977 (c. 10), s. 5(4)(b)

Modifications

C1

S. 270 amended by Refuse Disposal (Amenity) Act 1978 (c. 3), s. 8(4)

S. 270 extended (with modifications) (26.3.1992) by S.I. 1992/478, reg. 2, Sch.

Notes on the whole Act

Textual amendments

F1

Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Notes on Interdicts restraining breaches of planning control

Textual amendments

F1

S. 260A and cross heading inserted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.35 (with s. 84(5)); S.I. 1992/334, art. 4.