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Section 97A Recovery of expenses of works under s. 97.F1

Scotland

(1)

This section has effect for enabling the expenses of works executed under section 97 of this Act to be recovered.

(2)

The planning authority or, as the case may be, the Secretary of State may give notice to the owner of the building requiring him to pay the expenses of the works.

(3)

Where the works consist of or include works for affording temporary support or shelter for the building—

(a)

the expenses which may be recovered include any continuing expenses involved in making available the apparatus or materials used, and

(b)

notices under subsection (2) in respect of any such continuing expenses may be given from time to time.

(4)

The owner may within 28 days of the service of the notice represent to the Secretary of State—

(a)

that some or all of the works were unnecessary for the preservation of the building,

(b)

in the case of works for affording temporary support or shelter, that the temporary arrangements have continued for an unreasonable length of time, or

(c)

that the amount specified in the notice is unreasonable or that the recovery of it would cause him hardship,

and the Secretary of State shall determine to what extent the representations are justified.

(5)

The Secretary of State shall give notice of his determination, the reasons for it and the amount recoverable—

(a)

to the owner of the building, and

(b)

to the planning authority, if they carried out the works.

Annotations

Textual amendments

F1

Ss. 97, 97A substituted for s. 97 by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 50, Sch. 9 Pt. II para. 20

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Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.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

Modifications

C1

Pt. V excluded by Local Government, Planning and Land Act 1980 (c.65), Sch. 17 para. 8(2)