Section 53 Power of entry: failure to complyI1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 53(1)(e) word repealed by Natural Environment (Scotland) Act 2026 s. 52(4)(a)(i)
s. 53(1)(g) and word inserted by Natural Environment (Scotland) Act 2026 s. 52(4)(a)(ii)
s. 53(2) words substituted by Natural Environment (Scotland) Act 2026 s. 52(4)(b)
s. 53(3)(d) inserted by Natural Environment (Scotland) Act 2026 s. 52(4)(c)

(1)

Subsection (2) applies if the Scottish Ministers have reason to believe that a person has failed or is failing to comply with—

(a)

a condition on felling permission,

(b)

a felling direction (including any condition imposed on it),

(c)

a restocking direction (including any condition imposed on it),

(d)

a registered notice to comply,

(e)

a remedial notice (including any condition imposed on it), or

(f)

a registered remedial notice.

(2)

The Scottish Ministers may enter land mentioned in subsection (3) for the purpose of determining whether a person has failed or is failing to comply with the condition, the direction or (as the case may be) the notice.

(3)

The land is—

(a)

in the case of a condition on felling permission—

(i)

the land on which the tree to which the condition relates is located,

(ii)

where it is a continuing condition, the land to which the continuing condition relates,

(b)

in the case of a felling direction or a restocking direction, the land to which the direction relates,

(c)

in the case of a registered notice to comply, a remedial notice or a registered remedial notice, the land to which the notice relates.

Annotations

Commencement

I1: S. 53 in force at 1.4.2019 by S.S.I. 2019/47, reg. 2 (with regs. 3-22)