Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

266 Supplementary provisions as to rights of entry. S

(1) A person authorised under section 265 of this Act to enter upon any land shall, if so required, produce evidence of his authority [F2 and state the purpose of his entry] before so entering, and shall not demand admission as of right to any land which is occupied unless twenty-four hours’ notice of the intended entry has been given to the occupier.

(2) Any person who wilfully obstructs a person acting in the exercise of his powers under section 265 of this Act shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F3 level 3 on the standard scale].

(3) If any person who, in compliance with the provisions of section 265 of this Act, is admitted into a factory, workshop or workplace discloses to any person any information obtained by him therein as to any manufacturing process or trade secret, he shall, unless the disclosure is made in the course of performing his duty in connection with the purpose for which he was authorised to enter the [F4 land], be guilty of an offence and liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both.

(4) Where any [F5 damage is caused to land or moveable property] in the exercise of a right of entry conferred under section 265 of this Act, or in the making of any survey for the purpose of which any such right of entry has been so conferred, compensation [F5 may be recovered by any person suffering the damage] from the Secretary of State or authority on whose behalf the entry was effected.

(5) The provisions of section 168 of this Act shall apply in relation to compensation under subsection (4) of this section as they apply in relation to compensation under Part VIII of this Act.

(6) Where under section 265 of this Act a person proposes to carry out any works authorised by virtue of subsection (8) of that section—

(a) he shall not carry out those works unless notice of his intention to do so was included in the notice required by subsection (1) of this section; and

(b) if the land in question is held by statutory undertakers, and those undertakers object to the proposed works on the grounds that the carrying out thereof would be seriously detrimental to the carrying on of their undertaking, the works shall not be carried out except with the authority of the appropriate Minister.

Textual Amendments

F2 Words in s. 266(1) inserted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para. 39(a) (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 2

F3 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F4 Words in s. 266(3) substituted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para. 39(b) (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 2

F5 Words in s. 266(4) substituted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 43(2) (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 2.

Modifications etc. (not altering text)

C1 S. 265(8), 266(1)–(3)(6) extended with modifications by Telecommunications Act 1984 (c. 12, SIF 96), s. 38(2)

C2 S. 266(1)–(5) amended by Refuse Disposal (Amenity) Act 1978 (c. 3), s. 8(4)

C3 S. 108(2), 117–119, 121, 138, 154(3), 170–172, 175, 181, 195(6), 198(3), 199(2), 202(3), 205, 211, 212, 214, 216–230, 233(7), 242, 259, 266(6)(b), 275(2), Sch. 8, Sch. 17 para. 1–3, Sch. 18 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxv) (with Sch. 8 para. 33)

S. 266(6)(b) extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xix); S.I. 1996/218, art. 2

C4 S. 202(3), 205, 211, 212, 214–230, 233(7), 242, 266(6)(b), 275(2), Sch. 8, Sch. 17 paras. 1–3 amended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 1(1)(xxiii) (with s. 112(3), Sch. 17 paras. 33, 35(1))

C5 Ss. 214–227, 266(6)(b), 275(2), Sch. 8 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(9)(f) (with Sch. 8 para. 33)

S. 266(6)(b) modified (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(10)(d); S.I. 1996/218, art. 2

C6 Ss. 214–227, 266(6)(b), 275(2), Sch. 8 modified by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 3(2)(e) (with s. 112(3), Sch. 17 paras. 33, 35(1))

C7 S. 266(6)(b) extended by Civil Aviation Act 1982 (c. 16), Sch. 2 para. 4