Part XIV Miscellaneous and Supplementary Provisions

Miscellaneous powers etc. of highway authorities and local authorities

294 Entry, etc., of premises by highway authority or council for certain purposes.

(1)

If, in the discharge of functions conferred or imposed on an authority, being a highway authority or council, by a provision of this Act to which this section applies, it becomes necessary for an authorised officer of the authority to enter, examine or lay open any premises for the purpose of—

(a)

surveying,

(b)

making plans,

(c)

executing, maintaining or examining works,

(d)

ascertaining the course of sewers or drains,

(e)

ascertaining or fixing boundaries, or

(f)

ascertaining whether any hedge, tree or shrub is dead, diseased, damaged or insecurely rooted,

and the owner or occupier of the premises refuses to permit the premises to be entered, examined or laid open for any such purpose, the authority, after giving notice to the owner or occupier of their intention to do so, may make a complaint to a magistrates’ court for an order authorising the authority by any authorised officer to enter, examine and lay open the premises for any such purpose.

(2)

If on the hearing of the complaint no sufficient cause is shown against the making of the order for which the complaint is made, the court may make the order, and thereupon any authorised officer of the complainant authority may, subject to subsection (3) below, at all reasonable times between the hours of 9 a.m. and 6 p.m., enter, examine or lay open the premises described in the order for such of the purposes mentioned in subsection (1) above as are specified in the order.

(3)

Except in a case of emergency, no entry shall be made on any premises, and no works shall be begun therein, under subsection (2) above unless at least 7 days’ notice of the intended entry, and of the object thereof, has been given to the occupier of the premises.

(4)

Where, in the course of an entry on or examination or laying open of premises authorised by an order under this section, damage is caused to land or to chattels, any person interested in the land or chattels may recover compensation in respect of that damage from the authority on whose complaint the order was made; and where by reason of any such entry, examination or laying open any person is disturbed in his enjoyment of land or chattels, he may recover from that authority compensation in respect of the disturbance.

(5)

This section applies to sections 101 and 154(2) above and to the other provisions of this Act specified in Schedule 22 to this Act.