OpenLegislation

Section 36 Rights of entry.I1C1

England and Wales

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

(1)

Any person duly authorised in writing by the Secretary of State or by a hazardous substances authority may at any reasonable time enter any land for the purpose of surveying it in connection with—

(a)

any application for hazardous substances consent;

(b)

any proposal to issue a hazardous substances contravention notice.

(2)

Any person duly authorised in writing by the Secretary of State or by a hazardous substances authority may at any reasonable time enter any land for the purpose of ascertaining whether an offence appears to have been committed under section 23.

(3)

Any person who is an officer of the Valuation Office or a person duly authorised in writing by a hazardous substances authority may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of that land or any other land made by virtue of section 16 or 19.

(4)

Any person duly authorised in writing by the Secretary of State or by a hazardous substances authority may at any reasonable time enter any land in respect of which a hazardous substances contravention notice F1or a notice under section 183 of the principal Act (as applied by regulations made by virtue of section 25) has been issued for the purpose of ascertaining whether the notice has been complied with.

(5)

F2. . ., 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 in it.

F3(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Words in s. 36(4) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 25, Sch. 3 Pt. I para. 16(2) (with s. 84(5)); S.I. 1991/2905, art. 3

F2

Words in s. 36(5) repealed (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 25, 84(6), Sch. 3 Pt. II para. 32, Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2905, art. 3

F3

Ss. 36A, 36B substituted (2.1.1992) for s. 36(6) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 25, 84(2), Sch. 3 Pt. I para. 16(3) (with s. 84(5)); S.I. 1991/2905, art. 3

Modifications

C1

S. 36 Power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art.3

Commencement

I1

S. 36 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 36 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2