OpenLegislation

Section 214C Right to enter under warrant.F1C1C2

(1)

If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

(a)

that there are reasonable grounds for entering any land for any of the purposes mentioned in section 214B(1) or (2); and

(b)

that—

(i)

admission to the land has been refused, or a refusal is reasonably apprehended; or

(ii)

the case is one of urgency,

the justice may issue a warrant authorising any person duly authorised in writing by a local planning authority or, as the case may be, the Secretary of State to enter the land.

(2)

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.

(3)

A warrant authorises entry on one occasion only and that entry must be—

(a)

within one month from the date of the issue of the warrant; and

(b)

at a reasonable hour, unless the case is one of urgency.

Annotations

Textual amendments

F1

S. 214C inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 23(7) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)

Modifications

C1

S. 214C: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C2

S. 214C: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Notes on Part VIII

Modifications

C1

Pt. VIII (ss. 197-225) except s. 223 applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(1)(b)

Pt. VIII (ss. 197-225) applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(2)

Pt. VIII (ss. 197-225) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Notes on Rights of entry

Textual amendments

F1

Crossheading inserted (2.1.1992 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 23(7) (with s. 84(5)); S.I. 1991/2905, art. 3 (subject to art. 5)