Paragraph 13 I1

(1)

Section 11 of the Act of 1965 (powers of entry) is to be read as if it were modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, the acquiring authority has power to enter for the purpose of exercising that right.

(2)

For the purposes of sub-paragraph (1)—

(a)

the power to enter is to be exercisable in the same circumstances, and subject to the same conditions, as already contained in that section, and

(b)

the right is deemed to have been created on the date of service of the notice.

(3)

Sections 12 (penalty for unauthorised entry) and 13 (entry on sheriff's warrant in the event of obstruction) of the Act of 1965 are to be read as if modified correspondingly.

Annotations

Commencement

I1: Sch. 2 para. 13 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(d) (with arts. 6-13)

Notes on Schedule 2

Modifications

C1: Schs. 2-4 applied (with modifications) (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 9(3), Sch. 3 Pt. 2
C2: Schs. 2-4 applied (with modifications) (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 14(5), Sch. 3 (with art. 28)
C3: Schs. 2-4 applied (with modifications (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 10(5), Sch. 2 Pt. 2
C4: Schs. 2-4 applied (with modifications) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 13(5), Sch. 2 Pts. 1, 2
C5: Sch. 2 applied (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 9(5), Sch. 2 Pt. 2
C6: Schs. 2-4 applied (with modifications) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 10(5), Sch. 2 Pt. 2
C7: Schs. 2-4 applied (with modifications) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 36(4), Sch. 4 (with art. 9)
C8: Schs. 2-4 applied (with modifications) (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 17(3), Sch. 3 Pt. 2
C9: Schs. 2-4 applied (with modifications) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 9(3), Sch. 2 Pt. 2
C10: Schs. 2-4 applied (with modifications) (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 8(3), Sch. 2 Pt. 2
C11: Schs. 2-4 applied (with modifications) (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 8(3), Sch. 2 Pt. 2

Notes on Part 1

Modifications

C1: Sch. 2 Pt. 1 applied (with modifications) (15.1.2012) by Localism Act 2011 (c. 20), ss. 207(7)(8), 240(1)(l)
C2: Sch. 2 Pt. 1 applied (with modifications) by 1999 c. 29, s. 333ZA(6)(7) (as inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/57, art. 4(1)(w) (with arts. 6, 7, 9-11))