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Refuse Disposal (Amenity) Act 1978
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Changes over time for: Section 8
Version Superseded: 22/07/2004
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- 01/02/1991- Amendment
- 27/05/1997- Amendment
- 27/05/1997
Point in time - 22/07/2004- Amendment
- 01/02/2005- Amendment
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8 Powers of entry etc.E+W+S
(1)Any person duly authorised in writing by [F1the Secretary of State or] a local authority may at any reasonable time enter upon any land for the purpose of ascertaining whether any of the functions conferred by section 3 or section 6 above should or may be exercised in connection with the land, or for the purpose of exercising any of those functions in connection with the land.
(2)[F2Section 325(1) to (7) of the Town and Country Planning Act 1990] (which contains supplementary provisions as to rights of entry under [F2section 324] of that Act) shall have effect with the necessary modifications as if references to [F2section 324] included references to subsection (1) above.
(3)[F3Sections 320, 322, 323, 329 and 330 of the said Act of 1990] (which relate to local inquiries, the service of notices and the furnishing of information) shall have effect as if any reference to that Act or specified provisions of that Act included a reference to this Act.
(4)In the application of this section to Scotland, for subsections (2) and (3) there shall be substituted the following subsections—
“(2)[F4Section 270(1) to (7) of the Town and County Planning Scotland) Act 1997] (which contains supplementary provisions as to rights of entry under [F5section 269] of that Act) shall have effect with the necessary modifications as if references to [F5section 269] included references to subsection (1) above.
(3)[F6Sections 265 to 268, 271 and 272 of the said Act of 1997] (which relate to local inquiries, the service of notices and the furnishing of information) shall have effect as if any reference to that Act or specified provisions of that Act included a reference to this Act.”
Textual Amendments
F1Words repealed (S.) by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 66(2), Sch. 4 Pt. II
F2Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1), s. 4, Sch. 2 para. 41(a)
F3Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1), s. 4, Sch. 2 para. 41(b)
F4Words in s. 8(2) (as substituted by subsection (4)) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 27(a)(i)
F5Words in s. 8(2) (as substituted by subsection (4)) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 27(a)(ii)
F6Words in s. 8(3) (as substituted by subsection (4)) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 27(b)
Modifications etc. (not altering text)
C1S. 8 power to apply conferred by Airports Act 1986 (c. 31, SIF 9), s. 66(1)(a)
C2S. 8 extended (E.W.) by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(6), 23(2), 27(2), Sch. 3 para. 45(b)
Ss. 4, 5, 8, 10, 11 extended (S.) (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 6(1); S.S.I. 2000/312, art. 2
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