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Town and Country Planning (Scotland) Act 1997
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Town and Country Planning (Scotland) Act 1997, Section 178 is up to date with all changes known to be in force on or before 22 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied by S.S.I. 2008/189 art. 53(3)
- Act power to apply (with or without modifications) conferred by 2021 asp 9 s. 45(3)(b)(c)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 11A inserted by 2006 asp 17 s. 29
- Pt. 12A inserted by 2006 asp 17 s. 30
- Pt. 12A inserted by 2019 asp 13 s. 46(2)
- s. 3CD inserted by 2019 asp 13 s. 4(2)
- s. 20AA(4)(a)(iii) inserted by 2019 asp 13 s. 14(6)
- s. 29(1)(ca) inserted by 2019 asp 13 Sch. 2 para. 5(3)(b)
- s. 36(1)(ca) inserted by 2019 asp 13 Sch. 2 para. 5(4)(b)
- s. 36(5)(6) inserted by 2019 asp 13 s. 36(2)
- s. 40A inserted by 2019 asp 13 s. 19(2)
- s. 43A-43AD substituted for s. 43A by 2019 asp 13 s. 28(2)
- s. 47(2)(aa) inserted by 2019 asp 13 s. 28(3)(a)
- s. 47(2A) inserted by 2019 asp 13 s. 28(3)(b)
- s. 47(6) inserted by 2019 asp 13 s. 31(2)(c)
- s. 54A-54F and cross-heading inserted by 2019 asp 13 s. 15(2)
- s. 57(2C)(2D) inserted by 2021 asp 9 s. 44(2)
- s. 58(4)(fa) inserted by 2019 asp 13 Sch. 2 para. 5(5)(b)
- s. 61(1)(ba) inserted by 2019 asp 13 Sch. 2 para. 5(6)(b)
- s. 75(4A) inserted by 2019 asp 13 s. 35(2)
- s. 75A(5A) inserted by 2019 asp 13 s. 35(3)
- s. 77A inserted by 2019 asp 13 s. 39(2)
- s. 135(4A) inserted by 2019 asp 13 s. 43(2)(c)
- s. 154(1)(c) and word inserted by 2019 asp 13 s. 28(4)(a)(ii)
- s. 154(1A) inserted by 2019 asp 13 s. 28(4)(b)
- s. 158A(1A) inserted by 2019 asp 13 s. 44(2)
- s. 158B-158F and cross-heading inserted by 2019 asp 13 s. 43(3)
- s. 183(1)(c) inserted by 2019 asp 13 Sch. 2 para. 5(7)(b)
- s. 237(1)(ba) inserted by 2019 asp 13 Sch. 2 para. 5(8)
- s. 238(3)(a)-(c) inserted by 2019 asp 13 Sch. 2 para. 5(9)(a)(ii)
- s. 238(5)(ba) inserted by 2019 asp 13 Sch. 2 para. 5(9)(b)
- s. 238(7) inserted by 2019 asp 13 Sch. 2 para. 5(9)(c)
178 Rights of entry: supplementary provisions.S
(1)Any power conferred under or by virtue of section 176 or 177 to enter land (referred to in this section as “a right of entry”) shall be construed as including power to take samples from any tree and samples of the soil.
(2)A person authorised to enter land in the exercise of a right of entry—
(a)shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering,
(b)may take with him such other persons as may be necessary, and
(c)on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.
(3)Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4)If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State.
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