Section 36A Warrants to enter land.I1C1F1
If it is shown to the satisfaction of a justice of the peace on sworn information in writing—
that there are reasonable grounds for entering any land for any of the purposes mentioned in section 36; and
that—
admission to the land has been refused, or a refusal is reasonably apprehended; or
the case is one of urgency,
the justice may issue a warrant authorising any person duly authorised in writing by a hazardous substances authority to enter the land.
For the purposes of subsection (1)(b)(i) admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.
A warrant authorises entry on one occasion only and that entry must be—
within one month from the date of the issue of the warrant; and
at a reasonable hour, unless the case is one of urgency.
Annotations
Textual amendments
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Ss. 36A, 36B substituted (2.1.1992) for s. 36(6) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 25, 84(2), Sch. 3 Pt. I para. 16(3) (with s. 84(5)); S.I. 1991/2905, art. 3
Modifications
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S. 36A Power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art. 3
Commencement
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S. 36A wholly in force at 1.6.1992 see S.I. 1992/725, art. 3, s. 36A in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2