Section 34 Power to enter on and inspect land.
United Kingdom
For the purposes of this Act, an officer of the appropriate Minister authorised in that behalf by general or special directions given by him, F2. . . shall, on producing, if so required written evidence of his authority, have power at all reasonable times to enter on and inspect—
any land which he has reason to believe to be used, or to be capable of being used, for hill farming purposes; and
any land which he has reason to believe to be used in connection with the use for hill farming purposes of other land:
Provided that admission to any land shall not be demanded as of right unless twenty-four hours’ notice of the intended entry has been given to the occupier.
If any person obstructs or impedes an officer of the appropriate Minister authorised as aforesaid . . . in the exercise of his powers under the preceding subsection, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding F3level 2 on the standard scale in the case of a first offence or level 2 on the standard scale in the case of a second or any subsequent offence.
Annotations
Textual amendments
- F1
S. 34 repealed (S.) (16.6.2025) by Agriculture and Rural Communities (Scotland) Act 2024 (asp 11), s. 38(2), sch. 2 Pt. 1; S.S.I. 2025/167, reg. 2, sch.
- F2
Words repealed by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62, SIF 2:1), s. 26(3)(4), Sch. 6
- F3
Words in s. 34(2) substituted by virtue of: (E.W.) Criminal Law Act 1977 (c. 45), s. 31 and Criminal Justice Act 1982 (c. 48), ss. 35, 37, 38, 46; (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289C, 289E, 289G; and (N.I.) The Fines and Penalties (Northern Ireland) Order 1984 (S.I. 1984/703 (N.I. 3)), arts. 5, 6, 9