The Hedgerows Regulations 1997

Rights of entry: supplementary provisions E+W

14.—(1) Any power conferred by virtue of regulation 12 or 13 to enter land (“a right of entry”) shall be construed as including power to take samples from any hedgerow on the land 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 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 chattels 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.

(5) Any question of disputed compensation under this regulation shall be referred to and determined by the [F1 Upper Tribunal].

(6) In relation to the determination of any such question, the provisions of [F2 section] 4 of the Land Compensation Act 1961(1) shall apply subject to any necessary modifications.

Textual Amendments

F1 Words in reg. 14(5) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 2 para. 93(a) (with Sch. 5)

F2 Word in reg. 14(6) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 2 para. 93(b) (with Sch. 5)

Commencement Information

I1 Reg. 14 in force at 1.6.1997, see reg. 1

(1)

1961 c. 33.