Section 126 Penalties for non-compliance with planning contravention notice.C1
Scotland
If at any time after the end of the period of 21 days beginning with the day on which a planning contravention notice has been served on any person, he has not complied with any requirement of the notice, he shall be guilty of an offence.
An offence under subsection (1) may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under that subsection by reference to any period of time following the preceding conviction for such an offence.
It shall be a defence for a person charged with an offence under subsection (1) to prove that he had a reasonable excuse for failing to comply with the requirement.
A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding F1level 5 on the standard scale.
If any person—
makes any statement purporting to comply with a requirement of a planning contravention notice which he knows to be false or misleading in a material particular, or
recklessly makes such a statement which is false or misleading in a material particular,
he shall be guilty of an offence.
A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding F2the statutory maximum.
Annotations
Textual amendments
- F1
Words in s. 126(4) substituted (20.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 42(2)(a), 63(2); S.S.I. 2019/377, reg. 2 (with regs. 5-10) (as amended by S.S.I. 2019/411, regs. 1, 2)
- F2
Words in s. 126(6) substituted (20.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 42(2)(b), 63(2); S.S.I. 2019/377, reg. 2 (with regs. 5-10) (as amended by S.S.I. 2019/411, regs. 1, 2)
Modifications
- C1
Ss. 123-149 functions made exercisable concurrently (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I. 2003/1), arts. 1, 7(1)(b)
Notes on Part VI
Modifications
- C1
Pt. 6 applied (with modifications) (1.4.2010) by The Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60), regs. 1(1), 30 (with arts. 4, 5)
- C2
Pt. 6 modified (16.9.2011) by The Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 (S.I. 2011/2305), regs. 1, 19(2)
- C3
Pt. 6: power to modify conferred (6.1.2025) by Housing (Cladding Remediation) (Scotland) Act 2024 (asp 7), ss. 29(5), 39(2); S.S.I. 2024/370, reg. 2