PART VIIIUNDERTAKERS' POWERS AND WORKS

CHAPTER IUNDERTAKERS' POWERS

Entry to land, etc. by relevant undertakers

Entry for works purposesI1229

1

Any person designated in writing for the purpose by a relevant undertaker may enter any premises for any of the purposes specified in paragraph (2).

2

The purposes mentioned in paragraph (1) are—

a

the carrying out of any survey or tests for the purpose of determining—

i

whether it is appropriate and practicable for the undertaker to exercise any relevant works power; or

ii

how any such power should be exercised; or

b

the exercise of any such power.

3

The power, by virtue of paragraph (1), of a person designated by a relevant undertaker to enter any premises for the purposes of carrying out any survey or tests shall include power—

a

to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil; and

b

to take away and analyse such samples of water or effluent or of any land or articles as the undertaker—

i

considers necessary for the purpose of determining either of the matters mentioned in paragraph (2)(a); and

ii

has authorised that person to take away and analyse.

4

Part II of Schedule 4 shall apply to the rights and powers conferred by this Article.

5

In this Article “relevant works power” means any power conferred by any of the provisions of Articles 215, 219, 220, 221(3), 222, 224 and 226, other than Article 222(3).