Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

76 Rights of entry. S

(1) Any person duly authorised in writing by [F1 Historic Environment Scotland] may at any reasonable time enter upon any land for the purpose of surveying any building on that or any other land in connection with a proposal to include the building in, or exclude it from, a list compiled or approved under section 1 [F2 or in connection with an application under section 5A(1)] .

[F3 (1A) Any person duly authorised in writing by the planning authority may, at any reasonable time, enter upon land—

(a) for the purposes of displaying—

(i) a site notice,

(ii) a notice under section 41A(7) in place of a site notice, or

(iii) a copy of a temporary stop notice, and a statement as to the effect of section 41H, under section 41F(4),

(b) to ascertain whether a listed building enforcement notice, a stop notice or a temporary stop notice has been complied with.]

(2) Any person duly authorised in writing by [F4 Historic Environment Scotland] or the planning authority may at any reasonable time enter upon any land for any of the following purposes—

(a) surveying it in connection with any proposal by the authority or [F4 Historic Environment Scotland] to make or serve any order or notice under or by virtue of any provision of this Act other than sections 25 to 33, 42, 44 to 48, 51, 52, 57, 58, 59(2) and (3), 61 to 67, 69 to 75, 79 to 83 and Schedule 3,

(b) ascertaining whether an offence has been, or is being, committed with respect to any building on that or any other land, under section 8, 10, 39 [F5 , 41E, 41H] or 53,

(c) ascertaining whether any such building is being maintained in a proper state of repair,

(d) ascertaining whether any of the functions conferred by section 49 should or may be exercised in connection with the land, or

(e) exercising any of those functions in connection with the land.

(3) Any person who is an officer of the Valuation Office or a person duly authorised in writing by [F6 Historic Environment Scotland] may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation payable under this Act in respect of any land.

(4) Any person who is an officer of the Valuation Office or a person duly authorised in writing by a planning authority may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation payable under section 25 or 26 in respect of any land.

(5) Any person who is an officer of the Valuation Office or is duly authorised in writing by a planning authority having power to acquire land under sections 42 to 47 may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with any proposal to acquire that land or any other land, or in connection with any claim for compensation in respect of any such acquisition.

(6) Subject to sections 77 and 78, any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals in it.

Textual Amendments

F1 Words in s. 76(1) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 27(a) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F2 Words in s. 76(1) added (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 18(2), 33(2); S.S.I. 2011/372, art. 2, sch.

F3 S. 76(1A) inserted (30.6.2011 for specified purposes, 1.12.2011 in so far as not already in force) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 23(3)(a), 33(2); S.S.I. 2011/174, art. 2, sch.; S.S.I. 2011/372, art. 2, sch.

F4 Words in s. 76(2) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 27(b) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F5 Words in s. 76(2)(b) inserted (30.6.2011 for specified purposes, 1.12.2011 in so far as not already in force) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 23(3)(b), 33(2); S.S.I. 2011/174, art. 2, sch.; S.S.I. 2011/372, art. 2, sch.

F6 Words in s. 76(3) substituted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 27(c) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.