The Planning (Northern Ireland) Order 1991

Supplementary provisions as to powers of entry N.I.

122 .F1 —(1) A person authorised or permitted under Article 121 to enter upon any land—

(a) shall, if so required, produce evidence of his authority or of his appointment as a member of the planning appeals commission[F2 and state the purpose of his entry] before so entering;

(b) shall not demand admission as of right to any land which is occupied unless three days' 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 Article 121 shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) If any person who, in compliance with Article 121, is admitted into a factory, workshop or work place 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 survey or estimate for which he was authorised to enter the[F2 land], be guilty of an offence and liable —

[F2 (a) on summary conviction, to a fine not exceeding the statutory maximum;

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

(4) Where any property is damaged in the exercise of a right of entry conferred under Article 121, or in the making of a survey for the purpose of which any such right of entry has been so conferred, compensation in respect of that damage may be recovered by any person interested in the property from the Department.

(5) Any question of disputed compensation recoverable under paragraph (4) shall be determined by the Lands Tribunal.

F1 functions transferred SR 1999/481

F2 2003 NI 8