Wildlife and Countryside Act 1981 (c. 69)

Part II E+W+S Nature Conservation, Countryside and National Parks

Miscellaneous and supplemental E+W+S

51 Powers of entry. E+W+S

(1) Any person authorised in writing by the relevant authority may, at any reasonable time and (if required to do so) upon producing evidence that he is authorised, enter any land for any of the following purposes—

(a) to ascertain whether an order should be made in relation to that land under section 29 or if an offence under that section is being, or has been, committed on that land;

(b) to ascertain the amount of any compensation payable under section 30 in respect of an interest in that land;

(c) to ascertain whether an order should be made in relation to that land under section 34 or if an offence under that section is being, or has been, committed on that land;

(d) to ascertain whether an order should be made in relation to that land under section 42 or if an offence under that section is being, or has been, committed on that land;

but nothing in this subsection shall authorise any person to enter a dwelling.

(2) In subsection (1) “the relevant authority” means—

(a) for the purposes of paragraphs (a) and (b) of that subsection, the Nature Conservancy Council;

(b) for the purposes of paragraph (c) of that subsection, the Secretary of State or the relevant authority within the meaning of section 34;

(c) for the purposes of paragraph (d) of that subsection, the Ministers or the [F1 local planning authority].

(3) A person shall not demand admission as of right to any land which is occupied unless either—

(a) 24 hours notice of the intended entry has been given to the occupier; or

(b) the purpose of the entry is to ascertain if an offence under section 29, 34 or 42 is being, or has been, committed on that land.

(4) Any person who intentionally obstructs a person acting in the exercise of any power conferred by subsection (1) shall be liable on summary conviction to a fine not exceeding [F2 level 3 on the standard scale].

Textual Amendments

F1 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 7, Sch. 3 para. 7(4)

F2 Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G