The Transport and Works (Scotland) Act 2007 (Access to Land by the Scottish Ministers) Order 2008

Access to land

3.—(1) On–

(a) making a determination; and

(b) having obtained any other consent, permission or licence required under any other enactment,

the Scottish Ministers may enter authorised land for such of the purposes set out in paragraph (2) as fall within that determination.

(2) Those purposes are–

(a) in connection with construction, operation or works to which an order made by virtue of section 6 of the Act (orders made otherwise than on application) would relate–

(i) inspecting and surveying authorised land or any other land;

(ii) searching or boring on and in the authorised land to ascertain for the purposes of the survey the nature of the subsoil; and

(iii) carrying out archaeological and environmental investigations and assessments on and in the authorised land; and

(b) obtaining passage over authorised land to enable the activities in sub paragraph (a) to be undertaken on and in other land.

(3) Entry to authorised land under paragraph (1) shall include the entry of such persons, vehicles, plant, materials and apparatus as may be required for the purposes falling within the determination.

(4) Entry to authorised land pursuant to this article is subject to–

(a) the provisions of this Order;

(b) the terms of the determination and any conditions or limitations in relation to it; and

(c) the terms of any agreement between the Scottish Ministers and any person with an interest in the authorised land regarding the Scottish Ministers' entry to the authorised land.