Subordinate Legislation
Planning (Listed Buildings) (Amount of Fixed Penalty) (Scotland) Regulations 2011 [draft]
For item 3, I welcome Fiona Hyslop MSP, who is the Cabinet Secretary for Culture and External Affairs; Emma Thompson, from the Scottish Government legal directorate; and Ann MacSween, from Historic Scotland’s heritage management directorate. I invite the cabinet secretary to make a brief opening statement.
Thank you. The regulations set out the incremental scale of fines that can be applied under the new fixed-penalty provisions that were introduced by the Historic Environment (Amendment) (Scotland) Act 2011. Before I address any queries that committee members may have about the fixed-penalty regulations, I want to say a few words about the 2011 act, to provide some background and context for the regulations.
The committee may be aware that the Historic Environment (Amendment) (Scotland) Act 2011, which received royal assent on 23 February 2011, is a tightly focused and technical amending piece of legislation that will enhance the ability of the regulatory authorities to manage the historic environment in a sustainable way, for the enjoyment and benefit of future generations. The act also contributes to the Scottish Government’s wider streamlining and simplification agenda, by harmonising elements of historic environment legislation with the planning regime, and by increasing the efficiency and effectiveness of deterrence.
11:30
Section 24 of the 2011 act introduces a new power into the listed buildings legislation, to enable planning authorities to issue fixed-penalty notices as an alternative to prosecution, in cases in which a person is in breach of a listed building enforcement notice. The new power parallels the power that was introduced into the planning regime by section 25 of the Planning etc (Scotland) Act 2006. However, the provision in the 2011 act also allows for the amount of the fixed penalty to escalate in the event of the breach of the enforcement notice continuing. That escalation of the penalty is a difference from the planning legislation.
A draft of the fixed-penalty regulations was subject to public consultation earlier in the year, and I would like to thank the organisations that responded for their helpful comments. All consultees who commented on the fixed-penalty regulations agreed with the principles underpinning the new powers.
I would like to clarify the Scottish Government’s approach to the drafting of the fixed-penalty regulations. Because it was considered unlikely that numerous subsequent fixed-penalty notices would be issued, Scottish ministers took the view that there would be little need for numerous levels of small increments. We therefore adopted the principle of prescribing only three amounts in the regulations. In setting the level of fines for the fixed-penalty regulations, the Scottish Government was keen to continue the policy of harmonising the listed buildings process with the planning regime. The initial sum of £2,000 therefore parallels exactly the fixed-penalty fine that can be applied for breaches of planning enforcement notices. Scottish ministers also believe that setting an upper limit of £5,000 is reasonable and proportionate in relation to the primary offence—in this case, a breach of a listed building enforcement notice, which, of course, can attract a fine of up to £20,000. The new listed building fixed-penalty regime offers a quick, practical and viable alternative to prosecution. It will give local authorities an additional tool for dealing with people who break the law; it will also safeguard listed buildings.
If the Parliament is minded to approve the regulations, detailed guidance on the listed building fixed-penalty process will be available on the website of Historic Scotland from 1 December 2011. I welcome the opportunity to answer any questions that committee members may have on the regulations.
Thank you. Do any members have questions or points of clarification that they wish to put to the cabinet secretary or her officials?
I welcome the legislation, but I would like to ask one question. You said that, generally, the people who responded to the consultation were unanimous in their support for the principle behind the regulations. Are they also unanimous in accepting the figures that you have set as the penalties?
East Ayrshire Council said that £2,000 is adequate, as did Perth and Kinross Council. In general, councils were comfortable with the figures. One or two consultees would have liked the amounts to be higher, but we have tried to keep the amounts reasonable. That is why the levels are £2,000, £3,500 and £5,000. Of course, if people do not abide by the penalty notice and do the necessary works, they can still be liable to prosecution, in which case there is an upper limit of £20,000. In general, consultees were comfortable with the amounts, although one or two would have preferred them to be higher.
As there appear to be no further questions, we will move to item 4. I invite the cabinet secretary to speak to and move motion S4M-01097.
I was hoping just to move it, if that is okay.
That is perfectly acceptable.
Motion moved,
That the Education and Culture Committee recommends that the Planning (Listed Buildings) (Amount of Fixed Penalty) (Scotland) Regulations 2011 [draft] be approved.—[Fiona Hyslop.]
Motion agreed to.
I thank the cabinet secretary for her time. As the committee has agreed to take the next two items in private, I now close the meeting to the public.
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Meeting continued in private until 12:56.