OpenLegislation

Section 55 Acts causing or likely to result in damage to listed buildings.

Scotland

(1)

Where a building, not being a building excluded by section 54(1) of this Act from the operation of section 53 of this Act, is included in a list compiled or approved under section 52 of this Act, then, if any person who, but for this section, would be entitled to do so, does or permits the doing of any act which causes or is likely to result in damage to the building (other than an act for the execution of excepted works) and he does or permits it with the intention of causing such damage, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding F1level 3 on the standard scale.

(2)

In subsection (1) of this section “excepted works” means works authorised by planning permission granted or deemed to be granted in pursuance of an application under this Act and works for which listed building consent has been given under this Act.

(3)

Where a person convicted of an offence under this section fails to take such reasonable steps as may be necessary to prevent any damage or further damage resulting from the offence, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding F2one-tenth of level 3 on the standard scale for each day on which the failure continues.

Annotations

Textual amendments

F1

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)

F2

Words in s. 55(3) substituted (25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13 para.18 (with s. 84(5)); S.I. 1992/1937, art.4, Sch. (with art. 5)

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Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.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