Section 99C Rights of entry: supplementary provisions.F1

Scotland

(1)

Any power conferred under or by virtue of section 99A or 99B 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.

(2)

A person authorised to enter land in the exercise of a right of entry—

(a)

shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;

(b)

may take with him such other persons as may be necessary; and

(c)

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.

(3)

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.

(4)

If any damage is caused to land or moveable property 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.

Annotations

Textual amendments

F1: Ss. 99A-99C and crossheading inserted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 54(3) (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F1: Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt.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)

Notes on Rights of entry

Textual amendments

F1: Ss. 99A-99C and cross heading inserted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 54(3) (with s. 84(5)); S.I. 1992/334, art. 4.