Town and Country Planning (Scotland) Act 1997 (c. 8)

(The document as of February, 2008)

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(2) If an objector so requires, the planning authority shall cause such a local inquiry or other hearing to be held in the case of objections made in accordance with regulations.

(3) A local inquiry or other hearing under this section shall be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, by the authority themselves.

(4) Regulations may--

(a) make provision with respect to the appointment and qualifications for appointment of persons to hold a local inquiry or other hearing;

(b) include provision enabling the Secretary of State to direct a planning authority to appoint a particular person, or one of a specified list or class of persons;

(5) Subsections (4) to (8) of section 265 apply to an inquiry held under this section.

(6) The [1992 c. 53.] Tribunals and Inquiries Act 1992 shall apply to a local inquiry or other hearing held under this section as it applies to a statutory inquiry held by the Secretary of State, but as if in section 10(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a local authority.

16 Costs of local inquiry or other hearing

(1) The planning authority shall--

(a) where a person appointed under or by virtue of section 15 to hold a local inquiry or other hearing is in the public service of the Crown, pay the Secretary of State, and

(b) in any other case, pay the person so appointed,

a sum, determined in accordance with regulations under subsection (2), in respect of the performance by the person so appointed of his functions in relation to the inquiry or hearing (whether or not it takes place).

(2) Regulations may make provision with respect to the determination of the sum referred to in subsection (1) and may in particular prescribe, in relation to any class of person appointed under or by virtue of section 15, a standard daily amount applicable in respect of each day on which a person of that class is engaged in holding, or in work connected with, the inquiry or hearing.

(3) Without prejudice to the generality of subsection (2), the Secretary of State may, in prescribing by virtue of that subsection a standard daily amount for any class of person--

(a) where the persons of that class are in the public service of the Crown, have regard to the general staff costs and overheads of his department, and

(b) in any other case, have regard to the general administrative costs incurred by persons of that class in connection with the performance by them of their functions in relation to such inquiries and hearings.

17 Adoption of proposals

(1) After the expiry of the period for making objections to a local plan or, as the case may be, proposals for the alteration, repeal or replacement of a local plan or, if such objections were duly made within that period, after considering the objections so made, the planning authority may, subject to this section and to section 18, by resolution adopt the plan or the proposals.

(2) The planning authority may adopt the plan or the proposals as originally prepared or as modified so as to take account of--

(a) any such objections as are mentioned in subsection (1) whether or not they have been the subject of a local inquiry or other hearing,

(b) any matters arising out of such objections, or

(3) Where the Secretary of State has, under section 10, approved a structure plan for any area the planning authority shall not adopt any plan or proposals which do not conform to that structure plan.

(4) After copies of the plan or proposals have been sent to the Secretary of State and before the plan or proposals have been adopted by the planning authority, the Secretary of State may, if it appears to him that the plan or proposals are unsatisfactory, and without prejudice to his power to make a direction under section 18(1), direct the authority to consider modifying the plan or proposals in such respects as are indicated in the direction.

(5) A planning authority to whom such a direction is given shall not adopt the plan or proposals unless they satisfy the Secretary of State that they have made the modifications necessary to conform with the direction or the direction is withdrawn.

18 Calling in of plan or proposals for approval by Secretary of State

(1) After a copy of a local plan or of proposals for the alteration, repeal or replacement of a local plan has been sent to the Secretary of State and before the plan or proposals have been adopted by the planning authority, the Secretary of State may direct that the plan or proposals shall be submitted to him for his approval.

(2) If the Secretary of State gives a direction under subsection (1)--

(a) the authority shall submit the plan or proposals to him,

(b) the authority shall not hold a local inquiry or other hearing in respect of the plan or proposals under section 15, and

19 Approval of plan or proposals by Secretary of State

(1) The Secretary of State may, after considering a plan or proposals submitted to him under section 18, either approve (in whole or in part and with or without modifications or reservations) or reject the plan or proposals.

(2) In considering the plan or proposals the Secretary of State may take into account any matters he thinks are relevant, whether or not they were taken into account in the plan or proposals as submitted to him.

(3) Where on considering the plan or proposals the Secretary of State does not determine then to reject it or them, he shall before determining whether or not to approve it or them--

(a) consider any objections to the plan or proposals so far as made in accordance with regulations,

(b) give any person who made such an objection and has not withdrawn it an opportunity of appearing before and being heard by a person appointed by him for the purpose, and

(c) if a local inquiry or other hearing is held, also give such an opportunity to the planning authority and such other persons as he thinks fit,

but if a local inquiry or other hearing into the objections has already been held by the authority he need not cause any other inquiry or hearing to be held.

(4) In considering the plan or proposals the Secretary of State may consult or consider the views of any planning authority or any other person; but he need not do so, or give an opportunity for the making of representations or objections, or cause a local inquiry or other hearing to be held, unless required to do so by subsection (3).

Supplementary provisions

20 Disregarding of representations with respect to development authorised by or under other enactments

Notwithstanding anything in the previous provisions of this Part, neither the Secretary of State nor a planning authority need consider representations or objections with respect to a structure plan, a local plan or any proposal to alter, repeal or replace any such plan if it appears to the Secretary of State or the authority, as the case may be, that those representations or objections are in substance representations or objections with respect to things done or proposed to be done in pursuance of--

(a) an order or scheme under section 5, 7, 9 or 12 of the [1984 c. 54.] Roads (Scotland) Act 1984 (trunk road orders, special road schemes and orders for other public roads);

(b) an order under section 1 of the [1946 c. 68.] New Towns Act 1946 or section 1 of the [1968 c. 16.] New Towns (Scotland) Act 1968 (designation of sites of new towns).

21 Power of Secretary of State to make regulations as to structure and local plans

(1) Without prejudice to the previous provisions of this Part, the Secretary of State may make regulations with respect to--

(a) the form and content of structure and local plans, and

(b) the procedure to be followed in connection with their preparation, submission, withdrawal, approval, adoption, making, alteration, modification, repeal and replacement.

(2) In particular any such regulations may--

(a) provide for the publicity to be given to the report of any survey carried out by a planning authority under section 4;

(b) provide for the notice to be given of, or the publicity to be given to--

(i) matters included or proposed to be included in any such plan,

(ii) the approval, adoption or making of any such plan or any alteration, modification, repeal or replacement of it, or

(iii) any other prescribed procedural step,

and for publicity to be given to the procedure to be followed as mentioned in subsection (1)(b);

(c) make provision with respect to the making and consideration of representations with respect to matters to be included in, or objections to, any such plan or proposals for its alteration, modification, repeal or replacement;

(d) without prejudice to paragraph (b), provide for notice to be given to particular persons of the approval, adoption, alteration or modification of any plan, if they have objected to the plan and have notified the planning authority of their wish to receive notice, subject (if the regulations so provide) to the payment of a reasonable charge for receiving it;

(e) require or authorise a planning authority to consult, or consider the views of, other persons before taking any prescribed procedural step;

(f) require a planning authority, in such cases as may be prescribed or in such particular cases as the Secretary of State may direct, to provide persons on request by them with copies of any plan or document which has been made public for the purpose mentioned in section 8(1)(a) or 12(1)(a) or has been made available for inspection under section 8(4) or 12(3), subject (if the regulations so provide) to the payment of a reasonable charge;

(g) provide for the publication and inspection of any structure plan or local plan which has been approved, adopted or made, or any document approved, adopted or made altering, repealing or replacing any such plan, and for copies of any such plan or document to be made available on sale.

(3) Such regulations may extend throughout Scotland or to specified areas only and may make different provisions for different cases.

(4) Subject to the previous provisions of this Part and to any such regulations, the Secretary of State may give directions to any planning authority, or to planning authorities generally--

(a) for formulating the procedure for the carrying out of their functions under this Part;

(b) for requiring them to give him such information as he may require for carrying out any of his functions under this Part.

(5) Subject to section 237, a structure plan or local plan or any alteration, repeal or replacement thereof shall become operative on a date appointed for the purpose in the relevant notice of approval, resolution of adoption or notice of the making, alteration, repeal or replacement of the plan.

22 Default powers of Secretary of State

(1) Where, by virtue of any of the previous provisions of this Part, any structure or local plan is, or proposals for the alteration, repeal or replacement of such a plan are, required to be prepared or submitted to the Secretary of State, or steps are required to be taken for the adoption of any such plan or proposals, then--

(a) if at any time the Secretary of State is satisfied that the planning authority are not taking the steps necessary to enable them to submit or adopt such a plan or proposals within a reasonable period, or

(b) in a case where a period is specified for the submission or adoption of any such plan or proposals, if no such plan or proposals have been submitted or adopted within that period,

the Secretary of State may direct the planning authority to carry out their functions in relation to the matters mentioned in this subsection and may specify in the direction the factors to be taken into account or objectives to be achieved by the planning authority in so doing, or the Secretary of State may carry out a survey in accordance with the provisions of section 4 or prepare and make a structure plan or local plan or, as the case may be, alter, repeal or replace it, as he thinks fit.

(2) Where under subsection (1) the Secretary of State has power to do anything which should have been done by a planning authority ("the defaulting authority"), he may, if he thinks fit, authorise any other planning authority who appear to him to have an interest in the proper planning of the district of the defaulting authority to do it.

(3) Where under subsection (1) the Secretary of State has power to do anything which should have been done by a planning authority acting jointly with another planning authority or authorities, he may, if he thinks fit, authorise one of those authorities to do that thing on behalf of both or all of them.

(4) The previous provisions of this Part shall, so far as applicable, apply with any necessary modifications in relation to the doing of anything under this section by the Secretary of State or an authority other than the defaulting authority and the thing so done.

(5) The defaulting authority--

(a) shall on demand repay to the Secretary of State so much of any expenses incurred by him in connection with the doing of anything which should have been done by them as he certifies to have been incurred in the performance of their functions, and

(b) shall repay to any other authority who do under this section anything which should have been done by the defaulting authority, any expenses certified by the Secretary of State to have been reasonably incurred by that other authority in connection with the doing of that thing.

23 Reviews of plans in enterprise zones

(1) As soon as practicable after an order has been made under paragraph 5 of Schedule 32 to the [1980 c. 65.] Local Government, Planning and Land Act 1980 (designation of enterprise zone scheme) or a notification has been given under paragraph 11 of that Schedule (modification of such a scheme), any planning authority for an area in which the enterprise zone is wholly or partly situated shall review--

(a) any structure plan for their area or for part of it which relates to the whole or part of the zone in the light of the provisions of the scheme or modified scheme, and

(b) any local plan which relates to any land situated in the zone.

(2) A planning authority shall--

(a) submit to the Secretary of State proposals for any alterations to a structure plan which they consider necessary to take account of the scheme or the modified scheme, and

(b) make proposals for any alterations to such a local plan as is mentioned in subsection (1)(b) which they consider necessary to take account of the scheme or modified scheme, or for the repeal or replacement of any of those plans whose repeal or replacement they consider necessary for that purpose.

24 Meaning of "development plan"

(1) For the purposes of this Act, any other enactment relating to town and country planning and the [1963 c. 51.] Land Compensation (Scotland) Act 1963, the development plan for any area (whether the whole or part of the district of a planning authority) shall be taken as consisting of--

(a) the provisions of the structure plan for the time being in force for that district or the relevant part of that district, together with the Secretary of State's notice of approval of the plan,

(b) any alterations to that plan, together with the Secretary of State's notices of approval of them,

(c) any provisions of a local plan for the time being applicable to the area, together with a copy of the authority's resolution of adoption or, as the case may be, the Secretary of State's notice of approval of the local plan, and

(d) any alterations to that local plan, together with a copy of the authority's resolutions of adoption or, as the case may be, the Secretary of State's notices of approval of them.

(2) References in subsection (1) to the provisions of any plan, notices of approval, alterations and resolutions of adoption shall, in relation to an area forming part of the district to which they are applicable, be respectively construed as references to so much of those provisions, notices, alterations and resolutions as is applicable to the area.

(3) References in subsections (1) and (2) to notices of approval shall in relation to any plan or alteration made by the Secretary of State under section 22 be construed as references to notices of the making of the plan or alteration.

(4) This section has effect subject to Schedule 1 (old development plans).

(5) For the avoidance of doubt it is provided that, notwithstanding--

(a) any changes made to local government areas by the [1994 c. 39.] Local Government etc. (Scotland) Act 1994, and

(b) any alterations to structure plan areas made by orders under section 5,

the structure plans and local plans made prior to the coming into force of the provisions mentioned in paragraphs (a) and (b) shall remain in force until replaced by new plans made under or by virtue of those provisions.

(6) Any reference in the [1963 c. 51.] Land Compensation (Scotland) Act 1963 to an area defined in a current development plan as an area of comprehensive development shall be construed as a reference to an action area for which a local plan is in force or, as the case may be, to a comprehensive development area.

General

25 Status of development plans

Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.

Part III Control over Development

Meaning of development

26 Meaning of "development"

(1) Subject to the following provisions of this section, in this Act, except where the context otherwise requires, "development" means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.

(2) The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land--

(a) the carrying out of works for the maintenance, improvement or other alteration of any building being works which--

(i) affect only the interior of the building, or

(ii) do not materially affect the external appearance of the building,

and are not works for making good war damage within the meaning of the [1943 c. 21.] War Damage Act 1943 or works begun after 7th December, 1969 for the alteration of a building by providing additional space in it underground;

(b) the carrying out by a local roads authority on land within the boundaries of a road of any works required for the maintenance or improvement of the road;

(c) the carrying out by a local authority or statutory undertakers of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of any road or other land for that purpose;

(d) the use of any buildings or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such;

(e) the use of any land for the purposes of agriculture or forestry (including afforestation) and the use for any of those purposes of any building occupied together with land so used;

(f) in the case of buildings or other land which are used for a purpose of any class specified in an order made by the Secretary of State under this section, the use of the buildings or other land or, subject to the provisions of the order, of any part of the buildings or the other land, for any other purpose of the same class;

(g) the demolition of any description of building specified in a direction given by the Secretary of State to planning authorities generally or to a particular planning authority.

(3) For the avoidance of doubt it is hereby declared that for the purposes of this section--

(a) the use as two or more separate dwellinghouses of any building previously used as a single dwellinghouse involves a material change in the use of the building and of each part of it which is so used;

(b) the deposit of refuse or waste materials on land involves a material change in its use, notwithstanding that the land is comprised in a site already used for that purpose, if--

(i) the superficial area of the deposit is extended, or

(ii) the height of the deposit is extended and exceeds the level of the land adjoining the site.

(4) For the purposes of this Act building operations include--

(a) demolition of buildings,

(b) rebuilding,

(d) other operations normally undertaken by a person carrying on business as a builder.

(5) For the purposes of this Act mining operations include--

(a) the removal of material of any description--

(i) from a mineral-working deposit,

(ii) from a deposit of pulverised fuel ash or other furnace ash or clinker, or

(iii) from a deposit of iron, steel or other metallic slags, and

(b) the extraction of minerals from a disused railway embankment.

(6) Where the placing or assembly of any tank in any part of any inland waters for the purpose of fish farming there would not, apart from this subsection, involve development of the land below, this Act shall have effect as if the tank resulted from carrying out engineering operations over that land; and in this subsection--

"fish farming" means the breeding, rearing or keeping of fish or shellfish (which includes any kind of crustacean or mollusc);
"inland waters" means waters which do not form part of the sea or of any creek, bay or estuary or of any river as far as the tide flows; and
"tank" includes any cage and any other structure for use in fish farming.

(7) Without prejudice to any regulations under this Act relating to the control of advertisements, the use for the display of advertisements of any external part of a building which is not normally used for that purpose shall be treated for the purposes of this section as involving a material change in the use of that part of the building.

27 Time when development begun

(1) Subject to the following provisions of this section, for the purposes of this Act development of land shall be taken to be initiated--

(a) if the development consists of the carrying out of operations, at the time when those operations are begun;

(b) if the development consists of a change in use, at the time when the new use is instituted;

(c) if the development consists both of the carrying out of operations and of a change in use, at the earlier of the times mentioned in paragraphs (a) and (b).

(2) For the purposes of the provisions of this Part mentioned in subsection (3) development shall be taken to be begun on the earliest date on which any material operation comprised in the development begins to be carried out.

(3) The provisions referred to in subsection (2) are sections 52(2), 53(6), 54(4), 58, 59 and 61.

(4) In subsection (2) "material operation" means--

(a) any work of construction in the course of the erection of a building,

(b) any work of demolition of a building,

(d) the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as is mentioned in paragraph (c),

(e) any operation in the course of laying out or constructing a road or part of a road, or

(f) any change in the use of any land which constitutes material development.

(5) In subsection (4)(f) "material development" means any development other than--

(a) development for which planning permission is granted by a general development order for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted,

(b) development of a class specified in paragraph 1 or 2 of Schedule 11, and

(6) In subsection (5) "general development order" means a development order (within the meaning of section 30(2)) made as a general order applicable (subject to such exceptions as may be specified in it) to all land in Scotland.

Requirement for planning permission

28 Development requiring planning permission

(1) Subject to the following provisions of this section, planning permission is required for the carrying out of any development of land.

(2) Where planning permission to develop land has been granted for a limited period, planning permission is not required for the resumption, at the end of that period, of its use for the purpose for which it was normally used before the permission was granted.

(3) Where by a development order planning permission to develop land has been granted subject to limitations, planning permission is not required for the use of that land which (apart from its use in accordance with that permission) is its normal use.

(4) Where an enforcement notice has been served in respect of any development of land, planning permission is not required for the use of that land for the purpose for which (in accordance with the provisions of this Part) it could lawfully have been used if that development had not been carried out.

(5) In determining for the purposes of subsections (2) and (3) what is or was the normal use of land, no account shall be taken of any use begun in contravention of this Part or of previous planning control.

(6) For the purposes of this section a use of land shall be taken to have been begun in contravention of previous planning control if it was begun in contravention of Part II of the 1947 Act or Part III of the 1972 Act.

(7) Subsection (1) has effect subject to Schedule 2 (which contains exemptions for certain uses of land on 1st July 1948).

29 Granting of planning permission: general

(1) Planning permission may be granted--

(a) by a development order,

(b) by the planning authority (or, where this Part so provides, by the Secretary of State) on application to the authority in accordance with regulations or a development order,

(c) on the adoption or approval of a simplified planning zone scheme or alterations to such a scheme in accordance with section 49 or, as the case may be, section 53, or

(d) on the designation of an enterprise zone or the approval of a modified scheme under Schedule 32 to the [1980 c. 65.] Local Government Planning and Land Act 1980 in accordance with section 55 of this Act.

(2) Planning permission may also be deemed to be granted under section 57 (development with government authorisation).

(3) This section is without prejudice to any other provisions of this Act providing for the granting of permission.

Development orders

30 Development orders: general

(1) The Secretary of State shall by regulations or by order provide for the granting of planning permission.

(2) An order under this section (in this Act referred to as a "development order") may itself grant planning permission for development specified in the order, or for development of any class so specified, and may be made either--

(a) as a general order applicable, except so far as it otherwise provides, to all land, but which may make different provision with respect to different descriptions of land, or

(b) as a special order applicable only to such land or descriptions of land as may be specified in the order.

(3) In respect of development for which planning permission is not granted by a development order, regulations or an order may provide for the granting of planning permission by the planning authority (or, where this Part so provides, by the Secretary of State) on an application made to the planning authority in accordance with the regulations or the order.

31 Permission granted by development order

(1) Planning permission granted by a development order may be granted either unconditionally or subject to such conditions or limitations as may be specified in the order.

(2) Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for the erection, extension or alteration of any buildings, the order may require the approval of the planning authority to be obtained with respect to the design or external appearance of the buildings.

(3) Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for development of a specified class, the order may enable the Secretary of State or the planning authority to direct that the permission shall not apply either--

(a) in relation to development in a particular area, or

(b) in relation to any particular development.

(4) Any provision of a development order by which permission is granted for the use of land for any purpose on a limited number of days in a period specified in that provision shall (without prejudice to the generality of references in this Act to limitations) be taken to be a provision granting permission for the use of land for any purpose subject to the limitation that the land shall not be used for any one purpose in pursuance of that provision on more than that number of days in that period.

(5) For the purpose of enabling development to be carried out in accordance with planning permission, or otherwise for the purpose of promoting proper development in accordance with the development plan, a development order may direct that any enactment passed before 13th August 1947, or any regulations, orders or byelaws made at any time under any such enactment--

(a) shall not apply to any development specified in the order, or

(b) shall apply to it subject to such modifications as may be so specified.

Applications for planning permission

32 Form and content of applications for planning permission

Any application to a planning authority for planning permission--

(a) shall be made in such manner as may be prescribed by regulations or by a development order, and

(b) shall include such particulars and be verified by such evidence as may be required by the regulations or the development order or by directions given by the planning authority under the regulations or order.

33 Planning permission for development already carried out

(1) On an application made to a planning authority, the planning permission which may be granted includes planning permission for development carried out before the date of the application.

(2) Subsection (1) applies to development carried out--

(a) without planning permission,

(b) in accordance with planning permission granted for a limited period, or

(3) Planning permission for such development may be granted so as to have effect from--

(a) the date on which the development was carried out, or

(b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period.

Publicity for applications

34 Publication of notices of applications

(1) Subject to subsection (2), regulations or a development order may provide, either in relation to applications generally or in relation to applications of a class or classes prescribed in the regulations or order, that--

(a) any such application shall have been notified to such persons or classes of person, and in such manner, as may be so prescribed;

(b) any such application shall have been advertised, either in a local newspaper or on the land to which the application relates, or both, in such a manner and for such a period or on such a number of occasions as may be so prescribed;

(c) any newspaper advertisement required by virtue of paragraph (b) shall be placed by the planning authority to whom the application is made;

(d) the planning authority may recover from the applicant the cost incurred by them in arranging any such advertisement;

(e) any such application shall be accompanied by such certificates as to compliance with the requirements of provisions made under paragraphs (a) and (b) as may be so prescribed;

(f) the applicant shall furnish, at such time and to such persons as may be so prescribed, such information with respect to the application as may be so prescribed;

(g) no such application shall be entertained unless such further conditions as to payment as may be so prescribed have been complied with;

(h) no such application shall be determined until after the expiry of any period which may be so prescribed.

(2) The applications mentioned in subsection (1) are--

(a) applications for planning permission,

(b) applications for an approval required by a development order, and

(c) applications for any consent, agreement or approval required by a condition imposed on a grant of planning permission.

(3) If any person knowingly or recklessly--

(a) issues a notification,

(b) makes advertisement (other than newspaper advertisement), or

which purports to comply with provisions made under subsection (1) but which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence.

(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) A planning authority shall not entertain any application for planning permission unless any requirements imposed by virtue of this section have been satisfied.

(6) Proceedings for an offence under this section may be brought at any time within the period of 2 years following the commission of the offence.

35 Notice etc. of applications to owners and agricultural tenants

(1) Regulations or a development order shall make provision--

(a) as to the notice of any application for planning permission to be given to any person (other than the applicant) who at the beginning of the period of 21 days ending with the date of the application was--

(i) the owner of, or

(ii) the tenant of any agricultural holding any part of which was comprised in,

any of the land to which the application relates, and

(b) requiring any applicant for such permission to issue a certificate as to the interests in the land to which the application relates or the purpose for which it is used,

and provide for publicising such applications and for the form, content and service of such notices and certificates.

(2) The regulations or order may require an applicant for planning permission to certify, in such form as may be prescribed by the regulations or the order, or to provide evidence, that any requirements of the regulations or the order have been satisfied.

(3) Regulations or an order making any provision by virtue of this section may make different provision for different cases or different classes of development.

(4) A planning authority shall not entertain any application for planning permission unless any requirements imposed by virtue of this section have been satisfied.

(5) If any person--

(a) issues a certificate which purports to comply with any requirement imposed by virtue of this section and contains a statement which he knows to be false or misleading in a material particular, or

(b) recklessly issues a certificate which purports to comply with any such requirement and contains a statement which is false or misleading in a material particular,

he shall be guilty of an offence.

(6) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(7) In this section--

"agricultural holding" has the same meaning as in the [1991 c. 55.] Agricultural Holdings (Scotland) Act 1991; and
"owner" in relation to any land means any person who--

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