Section 16 Power of local authorities to obtain particulars of persons interested in land.C1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16
England and Wales
Where, with a view to performing a function conferred on a local authority by any enactment, the authority considers that it ought to have information connected with any land, the authority may serve on one or more of the following persons, namely—
the occupier of the land; and
any person who has an interest in the land either as freeholder, mortgagee or lessee or who directly or indirectly receives rent for the land; and
any person who, in pursuance of an agreement between himself and a person interested in the land, is authorised to manage the land or to arrange for the letting of it,
a notice specifying the land and the function and the enactment which confers the function and requiring the recipient of the notice to furnish to the authority, within a period specified in the notice (which shall not be less than fourteen days beginning with the day on which the notice is served), the nature of his interest in the land and the name and address of each person whom the recipient of the notice believes is the occupier of the land and of each person whom he believes is, as respects the land, such a person as is mentioned in the provisions of paragraphs (b) and (c) of this subsection.
A person who—
fails to comply with the requirements of a notice served on him in pursuance of the preceding subsection; or
in furnishing any information in compliance with such a notice makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding F1level 5 on the standard scale.
Annotations
Textual amendments
- F1
Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
Modifications
- C1
S. 16 extended by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 33(7)
S. 16 extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 1(2)(c)(4) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
S. 16 extended (6.5.2003) by London Development Agency Act 2003 (c. i), ss. 1, 2
- C2
S. 16: power to transfer functions conferred by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), ss. 3(2)(c)(i), 79
S. 16: power to apply conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (c)(i); S.I. 1997/1930, art. 2(2)(m)
- C3
S. 16: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2
S. 16: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8(1)(3), Sch. 2
- C4
S. 16 modified (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2
S. 16 modified (10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2
- C5
S. 16 restricted (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 45 (with s. 118(1)(2)(4))
- C6
S. 16 amended (16.11.2000) by S.I. 2000/2853, reg. 3(1), Sch. 2 para. 17
- C7
S. 16 extended (2.7.2009) by Broads Authority Act 2009 (c. i), s. 23 (with ss. 2(3), 16(3), 42, Sch. 6 Pt. ss. 2, 3)
- C8
S. 16 modified (E.) (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts. 1(1), 4, Sch.
- C9
S. 16 modified (E.) (6.4.2010) by The Southampton Port Health Authority Order 2010 (S.I. 2010/1218), arts. 1(1), 4, Sch.
- C10
S. 16 modified (E.) (6.4.2010) by The Bristol Port Health Authority Order 2010 (S.I. 2010/1214), arts. 1, 4, Sch.
- C11
S. 16 modified (E.) (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217), arts. 1(1), 4, Sch.
- C12
S. 16 modified (E.) (6.4.2010) by The Cornwall Port Health Authority Order 2010 (S.I. 2010/1215), arts. 1(1), 4, Sch. (with art. 2)
- C13
S. 16 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2
- C14
S. 16 functions transferred and modified (E.) (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2
- C15
S. 16 functions etc. assigned to the port health authority and modified (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))
- C16
Ss. 13-16: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)
Notes on Part I
Modifications
- C1
Pt. I (ss. 1–44) extended by Airports Act 1986 (c. 31, SIF 9), s. 58, Sch. 2 para. 1(1) and by Water Act 1989 (c.15, SIF 81:1), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 1(2)(xxi), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58