Part V S Enforcement of Control under Parts III and IV

Modifications etc. (not altering text)

C1 Pt. V excluded by Local Government, Planning and Land Act 1980 (c.65), Sch. 17 para. 8(2)

Valid from 26/03/1992

[F1 Rights of entry for enforcement purposes] S

Textual Amendments

F1 Ss. 91A-91C and cross heading inserted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 43(1), 84(2) (with s. 84(5)); S.I. 1992/334, art.4

[F2 F2 91B Right to enter under warrant. S

(1) If the sheriff is satisfied —

(a) that there are reasonable grounds for entering any land for any of the purposes mentioned in section 91A(1) or (2) of this Act; and

(b) that—

(i) admission to the land has been refused, or a refusal is reasonably apprehended; or

(ii) the case is one of urgency,

he may issue a warrant authorising any person duly authorised in writing to enter the land.

(2) For the purposes of subsection (1)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

(3) A warrant authorises entry on one occasion only and that entry must be—

(a) within one month from the date of the issue of the warrant; and

(b) at a reasonable hour, unless the case is one of urgency.]

Textual Amendments

F2 Ss. 91A-91C and cross heading inserted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 43(1) (with s. 84(5)); S.I. 1992/334, art. 4.