Modifications etc. (not altering text)
Yn ddilys o 26/03/1992
Textual Amendments
F1Ss. 99A-99C and cross heading inserted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 54(3) (with s. 84(5)); S.I. 1992/334, art. 4.
(1)Any person duly authorised in writing by a planning authority may enter any land for the purpose of—
(a)surveying it in connection with making or confirming a tree preservation order with respect to the land;
(b)ascertaining whether an offence under section 59A or 98 of this Act has been committed on the land; or
(c)determining whether a notice under section 99 should be served on the owner of the land,
if there are reasonable grounds for entering for the purpose in question.
(2)Any person duly authorised in writing by the Secretary of State may enter any land for the purpose of surveying it in connection with making, amending or revoking a tree preservation order with respect to the land if there are reasonable grounds for entering for that purpose.
(3)Any person who is duly authorised in writing by a planning authority may enter any land in connection with the exercise of any functions conferred on the authority by or under sections 57 to 60 and 99 of this Act.
(4)Any person who is an officer of the Valuation Office may enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of any land which is payable by the planning authority under section 163 of this Act.
(5)Any person who is duly authorised in writing by the Secretary of State may enter any land in connection with the exercise of any functions conferred on the Secretary of State by or under section 58 or 99 of this Act.
(6)The Secretary of State shall not authorise any person as mentioned in subsection (2) without consulting the planning authority.
(7)Admission shall not be demanded as of right—
(a)by virtue of subsection (1) or (2) to any building used as a dwellinghouse; or
(b)by virtue of subsection (3), (4) or (5) to any land which is occupied,
unless 24 hours’ notice of the intended entry has been given to the occupier.
(8)Any right to enter by virtue of this section shall be exercised at a reasonable hour.]
Textual Amendments
F2Ss. 99A-99C and crossheading inserted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 54(3) (with s. 84(5)); S.I. 1992/334, art. 4
(1)If the sheriff is satisfied—
(a)that there are reasonable grounds for entering any land for any of the purposes mentioned in section 99A(1) or (2) of this Act; and
(b)that—
(i)admission to the land has been refused, or a refusal is reasonably apprehended; or
(ii)the case is one of urgency,
he may issue a warrant authorising any person duly authorised in writing by a planning authority or, as the case may be, the Secretary of State to enter the land.
(2)For the purposes of subsection (1)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.
(3)A warrant authorises entry on one occasion only and that entry must be—
(a)within one month from the date of the issue of the warrant; and
(b)at a reasonable hour, unless the case is one of urgency.]
Textual Amendments
F3Ss. 99A-99C and crossheading inserted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 54(3) (with s. 84(5)); S.I. 1992/334, art.4
(1)Any power conferred under or by virtue of section 99A or 99B to enter land (referred to in this section as “a right of entry”) shall be construed as including power to take samples from any tree and samples of the soil.
(2)A person authorised to enter land in the exercise of a right of entry—
(a)shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;
(b)may take with him such other persons as may be necessary; and
(c)on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.
(3)Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4)If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State.]
Textual Amendments
F4Ss. 99A-99C and crossheading inserted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 54(3) (with s. 84(5)); S.I. 1992/334, art.4