(1)Where the Secretary of State has made, or is considering the making of, an order under section 39 the Secretary of State may authorise a person to enter any of the relevant land—
(a)to carry out any survey that the Secretary of State requires to be carried out for the purpose of determining whether the order should be made, or
(b)to carry out any survey that the person in whose favour the order was made, or is to be made, requires to be carried out for the purpose of any steps to be taken in consequence of the order.
(2)An authorisation under subsection (1) must be in writing.
(3)A person authorised under subsection (1)—
(a)may enter the relevant land at any reasonable time for the purpose of carrying out the survey;
(b)must, if asked, produce evidence of the person's authority to enter the land.
(4)A person authorised under subsection (1) may demand admission as of right to any land that is occupied only if eight days' notice of the intended entry has been served on the occupier.
(5)A person who obstructs a person authorised under subsection (1) in the exercise of a power under this section commits an offence.
(6)Proceedings for an offence under this section may be instituted—
(a)in England and Wales, only by or with the consent of the Secretary of State or the Director of Public Prosecutions;
(b)in Northern Ireland, only by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.
Commencement Information
I1S. 42 in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 78 (with reg. 3)