Section 214D Rights of entry: supplementary provisions.F1C1C2
Any power conferred under or by virtue of section 214B or 214C to enter land (referred to in this section as “a right of entry”) shall be construed as including power to take samples from any tree and samples of the soil.
A person authorised to enter land in the exercise of a right of entry—
shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;
may take with him such other persons as may be necessary; and
on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.
Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
If any damage is caused to land or chattels in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State.
The provisions of section 118 shall apply in relation to compensation under subsection (4) as they apply in relation to compensation under Part IV.
Annotations
Textual amendments
- F1
S. 214D 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
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S. 214D: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
- C2
S. 214D: 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
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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
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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)