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The Hedgerows Regulations 1997
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- 1997 No. 1160
- Regulation 14
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This version of this provision is prospective.
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Changes and effects yet to be applied to Regulation 14:
- Regulations excluded by S.I. 2016/818 art. 31(4)(5)
- Regulations excluded by S.I. 2017/330 art. 22(4)
- reg. 14 coming into force by S.I. 1997/1160 reg. 1
- reg. 14(5) words substituted by S.I. 2009/1307 Sch. 2 para. 93(a)
- reg. 14(6) word substituted by S.I. 2009/1307 Sch. 2 para. 93(b)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 6(4) inserted by S.I. 2015/377 Sch. para. 35(3)
Prospective
Rights of entry: supplementary provisionsE+W
14.—(1) Any power conferred by virtue of regulation 12 or 13 to enter land (“a right of entry”) shall be construed as including power to take samples from any hedgerow on the land 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 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 chattels 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.
(5) Any question of disputed compensation under this regulation shall be referred to and determined by the Lands Tribunal.
(6) In relation to the determination of any such question, the provisions of sections 2 and 4 of the Land Compensation Act 1961(1) shall apply subject to any necessary modifications.
Commencement Information
I1Reg. 14 in force at 1.6.1997, see reg. 1
(1)
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