C1Part VII Special Controls
Chapter I Trees
Rights of entry
176 Rights to enter without warrant.
1
Any person duly authorised in writing by a planning authority may enter any land for the purpose of—
a
surveying it in connection with making or confirming a tree preservation order with respect to the land,
b
ascertaining whether an offence under section 171 or 172 has been committed on the land, or
c
determining whether a notice under section 168(1) should be served on the owner of the land,
if there are reasonable grounds for entering for the purpose in question.
2
Any person duly authorised in writing by the Secretary of State may enter any land for the purpose of surveying it in connection with making, amending or revoking a tree preservation order with respect to the land if there are reasonable grounds for entering for that purpose.
3
Any person who is duly authorised in writing by a planning authority may enter any land in connection with the exercise of any functions conferred on the authority by or under sections 159 to 163 and 167 to 170.
4
Any person who is an officer of the Valuation Office may enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of any land which is payable by the planning authority under section 165.
5
Any person who is duly authorised in writing by the Secretary of State may enter any land in connection with the exercise of any functions conferred on the Secretary of State by or under sections 160 to 162, 168(1) to (3), 169 and 170.
6
The Secretary of State shall not authorise any person as mentioned in subsection (2) without consulting the planning authority.
7
Admission shall not be demanded as of right—
a
by virtue of subsection (1) or (2) to any building used as a dwellinghouse, or
b
by virtue of subsection (3), (4) or (5) to any land which is occupied,
unless 24 hours’ notice of the intended entry has been given to the occupier.
8
Any right to enter by virtue of this section shall be exercised at a reasonable hour.
Pt. VII functions made exercisable concurrently (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I. 2003/1), arts. 1, 7(1)(b)