- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (04/12/1997)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 26/03/2001
Point in time view as at 04/12/1997. This version of this provision has been superseded.
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There are currently no known outstanding effects for the Post Office Act 1969, Section 58.
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(1)A person duly authorised in writing by the Post Office may, at any reasonable time, enter upon and survey any land in Scotland, other than land covered by buildings or used as a garden or pleasure ground, for the purpose of ascertaining whether the land would be suitable for use for the purposes of its business.
(2)[F1Sections 269(6) and 270(1) to (5), (8) and (9) of the Town and Country Planning (Scotland) Act 1997] (supplementary provisions as to powers of entry) shall have effect in relation to the power conferred by this section as they have effect in relation to the powers conferred by [F2the said section 269] subject, however, to the following modifications, namely,—
(a)that [F3section 270(1)] (twenty-four hours’ notice to be given of an intended entry upon occupied land) shall so have effect, as if, for the words, “twenty-four hours”, there were substituted the words “twenty-eight days”; and
(b)that [F4section 269(6)] (power to search and bore for minerals, &c.) shall so have effect as if the words “or the presence of minerals [F4in it]” were omitted.
(3)Where, in an exercise of the power conferred by this section, any damage is caused to land or to corporeal moveables, any person interested in the land or corporeal movables may recover from the Post Office compensation in respect of the damage; and where, in consequence of an exercise of that power, any person is disturbed in his enjoyment of any land or corporeal moveables, he may recover from the Post Office compensation in respect of the disturbance.
(4)Any question arising under this section as to the effect of damage or as to the amount of compensation shall, in the case of dispute be determined by arbitration, and the reference in such an arbitration shall be to a single arbiter to be appointed by agreement between the parties or, in default of an agreement, by the Minister.
(5)This section shall come into operation on the appointed day.
Textual Amendments
F1Words in s. 58(2) substituted (U.K.)(27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(1)(a)
F2Words in s. 58(2) substituted (U.K.)(27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(1)(b)
F3Words in s. 58(2) substituted (U.K.)(27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(1)(c)
F4Words in s. 58(2) substituted (U.K.)(27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(1)(d)
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