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Paragraph 45 Inspections

Original text. Later amendments are not shown.

(1)

The court or any authorised person—

(a)

may, during daylight hours on any day, enter upon and view land (whether or not land which is the subject of an application); and

(b)

if it (or as the case may be the person) thinks fit, make such record of the entry and viewing as the court (or the person) considers appropriate.

(2)

In paragraph (1), “authorised person” means a person who—

(a)

is authorised in writing by the court for those purposes; and

(b)

is a reporter, assessor, valuer, surveyor or, if the court thinks fit, a person of some different description.

(3)

If the court considers it necessary to do so, it may require a party or a party’s representative to attend at an inspection under this rule for the purpose of clarifying—

(a)

any reference made to physical features of land or buildings as necessary to allow the court confidently to identify the land or buildings referred to; or

(b)

such matters as may be specified by notice given by the court,

and for that purpose may authorise the party or witness to enter upon and view the land at the time of inspection.

(4)

At least 1 day’s notice of the time of any inspection, under this rule, of the interior of a building is to be given to the parties and to the occupier unless the court is satisfied that it is necessary to commence without giving notice.