Levelling-up and Regeneration Act 2023

Prospective

211 Power to enter and survey land E+W

(1) This section applies in relation to premises that are situated on a designated high street or within a designated town centre.

(2) A person authorised in writing by the local authority for the area in which the premises are situated may—

(a) enter and survey the premises, and

(b) enter on any other land in order to gain access to the premises for the purposes of paragraph (a).

(3) In the following provisions of this section, “the power” means the power conferred by subsection (2).

(4) The power may be exercised only for the purpose of obtaining information about the premises that the authority thinks is likely to be necessary or expedient for the exercise of its functions under this Part in relation to the premises.

(5) The power may be exercised only if the local authority has given, or made all reasonable efforts to give, written notice to—

(a) the landlord of the premises, for the purposes of subsection (2)(a), or

(b) the person who appears to the local authority to be in possession of, or entitled to possession of, the land, for the purposes of subsection (2)(b),

at least 14 days before the day on which the power is first exercised in relation to the premises or other land in question.

(6) The power may be exercised only at a reasonable time.

(7) The power may not be exercised in a way that involves the use of force, except on the authority of a warrant issued by a justice of the peace.

(8) Such a warrant—

(a) may be issued only on an application supported by evidence given on oath,

(b) may be issued only if the justice of the peace is satisfied that reasonable efforts have been made to exercise the power without the use of force, and

(c) must specify the number of occasions on which it can be relied.

(9) A person exercising the power must produce—

(a) evidence of the authorisation referred to in subsection (2), and

(b) a copy of any warrant issued under subsection (7),

if so requested by any person who appears to have control over the premises or other land.

(10) If no person who appears to have control over the premises or other land is present when the power is exercised, the person exercising the power must leave the premises or land as secure against trespassers as when the person entered.

Commencement Information

I1 S. 211 not in force at Royal Assent, see s. 255(7)