Section 46: Enforcement by the Secretary of State.

Planning (Listed Buildings and Conservation Areas) Act 1990 · 1990 c. 9View on legislation.gov.uk

Part I: Listed Buildings — Chapter IV: Enforcement

If it appears to the Secretary of State to be expedient that a listed building enforcement notice should be issued in respect of any land, he may issue such a notice.

If it appears to the Secretary of State to be expedient that a temporary stop notice should be issued in respect of any land ..., the Secretary of State may issue such a notice.

Before the Secretary of State serves a notice under subsection (1) he shall consult—or (1A)

the local planning authority; and
... the Commission.

A listed building enforcement notice issued by the Secretary of State shall have the same effect as a notice issued by the local planning authority.

A temporary stop notice issued by the Secretary of State shall have the same effect as a notice issued by the local planning authority under section 44AA.

In relation to a listed building enforcement notice issued by the Secretary of State, section 42 shall apply as if for any reference in that section to the local planning authority there were substituted a reference to the Secretary of State.

References in this section to the local planning authority shall in the case of an authority for an area ... outside Greater London be construed as references to the district planning authority.

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