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Annex A:
Draft Regulations laid before the Scottish Parliament under section 275(7B) of the Town and Country Planning (Scotland) Act 1997, for approval by resolution of the Scottish Parliament.
SCOTTISH STATUTORY INSTRUMENTS
2007 No.
TOWN AND COUNTRY PLANNING
The Town and Country Planning (Amount of Fixed Penalty) (Scotland) Regulations 2007
Made - - - - 2007
Coming into force 2007
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 136A(4) and (11) and 145A(4) and (11) of the Town and Country Planning (Scotland) Act 1997( 2) and of all other powers enabling them to do so. In accordance with section 275(7B) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation
1. -(1) These Regulations may be cited as the Town and Country Planning (Amount of Fixed Penalty) (Scotland) Regulations 2007 and shall come into force on [ ] 2007.
(1) In these Regulations-
"the Act" means the Town and Country Planning (Scotland) Act 1997;
"first breach of condition notice" means the first breach of condition notice issued by the planning authority in respect (in whole or in part) of a failure to comply with a condition imposed on the grant of planning permission;
"first enforcement notice" means the first enforcement notice issued by the planning authority in respect of a breach of planning control;
"subsequent breach of condition notice" means a second or subsequent breach of condition notice issued in respect (in whole or in part) of the same failure to comply with a condition imposed on the grant of planning permission as the first breach of condition notice was issued;
"subsequent enforcement notice" means a second or subsequent enforcement notice issued in respect of the same breach of planning control as the first enforcement notice was issued.
(2) In paragraph (2) references to enforcement notices or breach of conditions notices do not include such notices withdrawn by the planning authority prior to the service of a fixed penalty notice under section 136A(1) or 145A(1), as the case may be.
Amount of fixed penalty - breach of enforcement notice
2. -(1) The amount prescribed for the purposes of section 136A(4) is, in respect of the breach of the first enforcement notice, £1,000, and in respect of the breach of a subsequent enforcement notice is the amount calculated in accordance with paragraph (2).
(1)The amount prescribed is the amount, not exceeding £5,000, which is £500 greater than the amount payable in respect of the most recently issued enforcement notice or subsequent enforcement notice, as the case may be.
Amount of fixed penalty - breach of breach of condition notice
3. -(1) The amount prescribed for the purposes of section 145A(4) is, in respect of the breach of the first breach of condition notice, £100, and in respect of the breach of a subsequent breach of condition notice is the amount calculated in accordance with paragraph (2).
(1) The amount prescribed is the amount, not exceeding £300, which is £50 greater than the amount payable in respect of the most recently issued breach of condition notice or subsequent breach of condition notice, as the case may be.
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
2007
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