Highways Act 1980

292 Compensation for damage resulting from, and offences connected with, exercise of powers of entry etc. under section 289 or 291. E+W

(1) Where, in the exercise of a power conferred by section 289 or 291 above to enter, or to do anything, on any land, any damage is caused to that land or to any chattels on it, any person interested in that land or those chattels may, subject to subsection (2) below, recover compensation in respect of that damage from the highway authority by whom or on whose behalf the power was exercised; and where in consequence of the exercise of such a power any person interested in the land or in any chattels on it is disturbed in his enjoyment thereof, he may recover from that authority compensation in respect of the disturbance.

(2) Where any person is entitled under [F1 section 82 of the New Roads and Street Works Act 1991], as applied by section 290(8) above, to compensation in respect of any matter, he is not entitled to recover compensation under subsection (1) above in respect of the same matter.

(3) A person who wilfully obstructs a person acting in the exercise of a power conferred by section 289 or 291 above, or who removes or otherwise interferes with any apparatus placed or left on or in any land in exercise of a power conferred by section 289 above, is guilty of an offence and liable to a fine not exceeding [F2 level 3 on the standard scale].

(4) If a person who, in compliance with the provisions of section 289 or 291 above, 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, then, unless the disclosure is made in the course of performing his duty in connection with the purposes for which he was authorised to enter the land, he is guilty of an offence and liable—

(a) on summary conviction to a fine not exceeding the prescribed sum within the meaning of section 32(9) of the M1 Magistrates’ Courts Act 1980 (£1,000 or such other sum as may be fixed by order under section 143(1) of that Act); or

(b) on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine, or both.

Textual Amendments

F1 Words in s. 292(2) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8, Part I, para.12; S.I. 1992/2984, art. 2(2), Sch. 2.

F2 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

Marginal Citations

M1 1980 c. 43.