OpenLegislation

Section 97AB Further provision as to rights of entry in relation to listed buildings.F1

Scotland

(1)

The provisions of this section and of section 97AC of this Act shall apply, in place of the provisions of section 266 of this Act, to rights of entry exercised under section 265 of this Act in relation to listed buildings and listed buildings control.

(2)

If the sheriff is satisfied—

(a)

that there are reasonable grounds for entering any land for any of the purposes mentioned in section 265 of this Act; 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,

he may issue a warrant authorising any person duly authorised in writing to enter the land.

(3)

For the purposes of subsection (2)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

(4)

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

Ss. 97AB, 97AC inserted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF), s. 57, Sch. 10 para. 10 (with s. 84(5)); S.I. 1992/334, art. 4

Notes on the whole Act

Textual amendments

F1

Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Notes on Part V

Modifications

C1

Pt. V excluded by Local Government, Planning and Land Act 1980 (c.65), Sch. 17 para. 8(2)