OpenLegislation

Section 388 Powers of entry: offences and compensationI1

England and Wales Not yet in force

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

(1)

This section applies where a person has a power to enter land under section 386.

(2)

A person who intentionally obstructs a person exercising the power of entry commits an offence.

(3)

A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)

If damage is caused to land or other property—

(a)

in the exercise of the power of entry, or

(b)

in making any survey for the purpose of which the power of entry was conferred,

a person suffering the damage may recover compensation from the person who authorised the entry.

(5)

A person commits an offence if the person discloses information which the person obtained in the exercise of the power of entry, and which relates to a manufacturing process or trade secret, for a purpose other than that for which the person was authorised to enter the land.

(6)

A person guilty of an offence under subsection (5) is liable—

(a)

on summary conviction, to a fine;

(b)

on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years, or both.

Annotations

Commencement

I1

S. 388 not in force at Royal Assent, see s. 409(2)