Section 10 Powers of entry.C3

Scotland

(1)

Any person duly authorised in writing by . . . F1 the Board may, at any reasonable time, enter upon land in order to survey it—

(a)

for the purpose of determining whether, and if so in what manner, any of the functions of the Board . . . under this Act should be exercised in relation to the land;

(b)

in connection with any proposals for submission by the Board to the Secretary of State under section 3(1)(b) of this Act or with such proposals so submitted;

(c)

where the Board have under consideration the purchase of the land or the carrying out on the land of any of the operations described in section 5(1)(a) or (b) of this Act;

(d)

for any other purpose in connection with the exercise or performance of their functions under this Act.

(2)

A person authorised under this section to enter upon any land, shall, if so required by the occupier or anyone acting on his behalf, produce evidence of his authority, and shall not demand admission as of right to any land which is occupied unless at least forty-eight hours notice, or in the case of land occupied for residential purposes at least seven days notice, of the intended entry has been given to the occupier.

(3)

Where any land is damaged in the exercise of a power of entry conferred under this section or in the making of any survey for the purpose of which any such power of entry has been so conferred, compensation in respect of that damage may be recovered by any person interested in the land from . . . the Board . . . .

C1 C2(4)

Any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals therein:

Provided that a person shall not carry out any works authorised by this subsection unless notice of his intention so to do has been included in the notice required by subsection (2) of this section, and if the land in question is held by any statutory undertakers and those undertakers object to the proposed works on the ground that the carrying out thereof would be seriously detrimental to the carrying on of their undertaking, the works shall not be carried out except with the authority of the appropriate Minister.

In this subsection the terms “appropriate Minister” and “statutory undertakers” have the same meanings as in F2section 275(1) of the M1Town and Country Planning (Scotland) Act 1972.

(5)

A person entering upon any land by virtue of this section may take with him such other persons as may be necessary, and on leaving any premises which he has so entered, being either unoccupied premises, or premises of which the occupier is temporarily absent, shall leave them as effectively secured against unauthorised entry as he found them.

(6)

A person who wilfully obstructs any person acting in the exercise of his powers under this section shall be guilty of an offence and shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding F3level 3 on the standard scale and, in the case of a second or subsequent offence, to a fine not exceeding level 3 on the standard scale.

Annotations

Notes on the whole Act

Textual amendments

F1: Act repealed (20.7.1992) by Enterprise and New Towns (Scotland) Act 1990 (c. 35), s. 38(2), Sch. 5 Pt. IV; S.I.1992/1764, art.2.

Section 10 Powers of entry.C3

Annotations

Textual amendments

Marginal citations

Modifications

Notes on the whole Act

Textual amendments