OpenLegislation

Section 98 Penalties for non-compliance with tree preservation order.

Scotland

F1(1)

If any person, in contravention of a tree preservation order, cuts down, uproots or wilfully destroys a tree, or wilfully damages, tops or lops a tree in such a manner as to be likely to destroy it, he shall be guilty of an offence and shall be liable—

(F2a)

on summary conviction to a fine not exceeding £20,0;

(b)

on conviction on indictment, to a fine,

and, in determining the amount of any fine to be imposed on a person convicted F3. . ., the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

(2)

If any person contravenes the provisions of a tree preservation order otherwise than as mentioned in subsection (1) of this section, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding F4level 4 on the standard scale.

F5(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(4)

This section shall apply to an offence under section 59A above as it applies to a contravention of a tree preservation order.

Annotations

Textual amendments

F1

S. 98(1) substituted by Town and Country Amenities Act 1974 (c. 32), s. 11(3)(7)

F2

S. 98(1)(a) substituted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 54(1)(a) (with s. 84(5)); S.I. 1992/334, art. 4.

F3

Words in s. 98(1) repealed (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 54(1)(b), 84(6), Sch. 19, Pt.IV (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 1.

F4

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)

F5

S. 98(3) repealed (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 54(1)(c), 84(6), Sch. 19, Pt.IV (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 1.

F6

S. 98(4) added by Town and Country Amenities Act 1974 (c. 32), s. 11(6)(7)

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Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.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