OpenLegislation

Section 8 Powers of entry etc.C1C2C3C4

England, Wales and Scotland

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 F1the Secretary of State or a local authority may at any reasonable time enter upon any land for the purpose of ascertaining whether any of the functions conferred by section 3 or section 6 above should or may be exercised in connection with the land, or for the purpose of exercising any of those functions in connection with the land.

(2)

F2Section 325(1) to (7) of the Town and Country Planning Act 1990 (which contains supplementary provisions as to rights of entry under section 324 of that Act) shall have effect with the necessary modifications as if references to section 324 included references to subsection (1) above.

(3)

F3Sections 320, 322, 323, 329 and 330 of the said Act of 1990 (which relate to local inquiries, the service of notices and the furnishing of information) shall have effect as if any reference to that Act or specified provisions of that Act included a reference to this Act.

(4)

In the application of this section to Scotland, for subsections (2) and (3) there shall be substituted the following subsections—

“(2)

F4Section 270(1) to (7) of the Town and County Planning Scotland) Act 1997 (which contains supplementary provisions as to rights of entry under F5section 269 of that Act) shall have effect with the necessary modifications as if references to section 269 included references to subsection (1) above.

(3)

F6Sections 265 to 268, 271 and 272 of the said Act of 1997 (which relate to local inquiries, the service of notices and the furnishing of information) shall have effect as if any reference to that Act or specified provisions of that Act included a reference to this Act.”

Annotations

Textual amendments

F1

Words repealed (S.) by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 66(2), Sch. 4 Pt. II

F2

Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1), s. 4, Sch. 2 para. 41(a)

F3

Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1), s. 4, Sch. 2 para. 41(b)

F4

Words in s. 8(2) (as substituted by subsection (4)) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 27(a)(i)

F5

Words in s. 8(2) (as substituted by subsection (4)) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 27(a)(ii)

F6

Words in s. 8(3) (as substituted by subsection (4)) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 27(b)

Modifications

C1

S. 8 power to apply conferred by Airports Act 1986 (c. 31, SIF 9), s. 66(1)(a)

C2

S. 8 extended (E.W.) by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(6), 23(2), 27(2), Sch. 3 para. 45(b)

Ss. 4, 5, 8, 10, 11 extended (S.) (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 6(1); S.S.I. 2000/312, art. 2

C3

S. 8 functions made exercisable concurrently (E.W.) (with effect in accordance with art. 25(1) of the amending S.I.) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 25(2)(xxiv) (with art. 35)

C4

S. 8 functions made exercisable concurrently (E.W.) (with effect in accordance with art. 25(1) of the amending S.I.) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 2, 25(1), 25(1), 25(2)(xxiv) (with art. 35)