Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Chapter 7 Enforcement notices | ||
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Definitions - Chapter 7 | ||
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193. In this Chapter— | ||
“enforcement notice” means a notice under section 195 (2); | ||
“relevant authority”, in relation to a relevant provision, means— | ||
(a) subject to paragraphs (b) to (h), the Minister, | ||
(b) if the relevant provision is section 75 (3)(b) where the national monument referred to in that section is a national monument (M), the Minister or, with the consent of the Minister, the Commissioners, | ||
(c) if the relevant provision is a bye-law made under section 81 (1), the Commissioners, | ||
(d) if the relevant provision is— | ||
(i) section 99 (1) or (5), 101 (2)(b), (3)(a) or (4)(b), 103 (1), 105 (6), 109 (1), 113 (1) or (2), 114 (1) or (4)(b), 116 (2), 128 (2) or 129 (2), the Board, or | ||
(ii) a procedure prescribed under section 110 , the Board, | ||
(e) if the relevant provision is section 75 (3)(b) where the national monument referred to in that section is a national monument (LA), the local authority concerned, | ||
(f) if the relevant provision is a bye-law made under section 81 (2), the local authority concerned, | ||
(g) if the relevant provision is a provision of a new authorisation or old authorisation, the person who granted, issued or gave the authorisation or, if applicable in the case of an old authorisation, the successor to that person, or | ||
(h) if the relevant provision is section 174 , the person concerned referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of that section; | ||
“relevant court”, in relation to an enforcement notice given to a person, shall be construed in accordance with section 194 ; | ||
“relevant event”, in relation to an enforcement notice given to a person, means— | ||
(a) the taking by the person of the steps specified in the notice, | ||
(b) the cancellation of the notice under section 195 (5), | ||
(c) the determination by the relevant court of an application under section 195 (6) made on foot of the notice, or | ||
(d) in so far as a direction specified in the notice is concerned, the determination by the relevant court of an application under section 196 (1) made on foot of that direction, | ||
whichever first occurs; | ||
“relevant provision” means— | ||
(a) a provision of this Act, or | ||
(b) a provision of a new authorisation or old authorisation. |