Section 289 Power to require occupier to permit works to be executed by owner.C11 C1 C2 C3 C4 C5 C6 C7 C8 C9 C10

If on a complaint made by the owner of any premises, it appears to a court of summary jurisdiction that the occupier of those premises prevents the owner from executing any work which he is by or under this Act required to execute, the court may order the occupier to permit the execution of the work.

Annotations

Modifications

C1

S. 289 applied with modifications by S.I. 1987/349, reg. 11 and S.I. 1990/1519, reg. 11

S. 289 applied (27.8.1993) by 1993 c. 11, ss. 62(1), 68(2)

C2

Power to apply s. 289 conferred by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 178(3)(b)(4)(5), 209(3)(b)(4)(5), 219(3)(b)(4)(5) and by Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9, SIF 123:1), ss. 42(3)–(5), 74(3)

C3

S. 289 applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 14(1).

S. 289 applied (with modifications) (20.9.2000) by 2000 c. vii, ss. 1(1), 19(9)(11)

C4

S. 289 applied (with modifications) (13.7.2004) by London Local Authorities Act 2004 (c. i), ss. 1(1), 9, Sch. 1

C5

S. 289 applied (with modifications) (31.12.2004 for W., 1.6.2005 for E.) by Anti-social Behaviour Act 2003 (c. 38), ss. 76, 93 (with s. 84); S.I. 2004/3238, art. 2; S.I. 2005/710, art. 2

C6

S. 289 applied (with modifications) (19.9.2007) by London Local Authorities Act 2007 (c. ii), s. 1(3), Sch. 1

C7

S. 289 modified (21.9.2008) by London Local Authorities and Transport for London Act 2008 (c. iii), ss. 1(2), 11(4), Sch. 1

C8

S. 289 applied (with modifications) (1.3.2010) by The Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 (S.I. 2010/105), regs. 1(1), 5(1)

C9

S. 289 applied (with modifications) (30.4.2012) by The Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012 (No. 793), regs. 1, 15(1)

C10

S. 289 applied (with modifications) (6.4.2015) by The Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015 (S.I. 2015/462), regs. 1, 8(1)

C11

S. 289 extended by Thermal Insulation (Industrial Buildings) Act 1957 (c. 40), s. 8(1) which 1957 Act was repealed (E.W.) by S.I. 1985/1936, reg. 3(2), Sch. 4

Notes on Part XII

Modifications

C1

Pt. XII extended and amended (Greater London) by London Government Act 1963 (c. 33), Sch. 11 Pt. I para. 24; amended by Health and Safety at Work etc. Act 1974 (c. 37), s. 76(1)

C2

Functions of the Minister of Housing and Local Government under Pt. XII in relation to or in consequence of ss. 25, 37, 38, 43, 53-55, 59(1), 60 (so far as it relates to proposed buildings), 61-67, 69-71, 137 now exercisable by Secretary of State: S.I. 1964/263, art. 2(2), Sch. Pt. II and S.I. 1970/1681, art. 2(1)

C3

Functions of the Minister of Housing and Local Government under Pt. XII in relation to s. 59(2)–(4) or s. 60 (so far as it relates to buildings other than proposed buildings) now exercisable by Secretary of State: S.I. 1964/263, art. 3

C4

References to local authorities and their districts in Pt.XII so far as it relates to ss. 15-24, 27-31, 33-36, 42 to be construed respectively as references to water authorities and their areas: Water Act 1973 (c. 37), s. 14(2)

C5