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Transport and Works (Scotland) Act 2007

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This is the original version (as it was originally enacted).

18Access to land

This section has no associated Explanatory Notes

(1)The Scottish Ministers may by order make provision as regards—

(a)authorising prospective applicants for orders under section 1 to enter land for purposes connected with construction, operation or works to which the order would relate, or

(b)entry by the Scottish Ministers to land for purposes connected with construction, operation or works to which an order made by virtue of section 6 would relate.

(2)Without prejudice to the generality of paragraphs (a) and (b) of subsection (1)—

(a)if provision is made under paragraph (a) of that subsection it may include provision as to—

(i)conditions that must be met before authorisation is applied for,

(ii)the manner of applying for authorisation,

(iii)intimation that authorisation has been applied for,

(iv)affording an opportunity to make representations as respects the authorisation applied for (and may include provision affording any person who has made such representations an opportunity to be heard),

(v)conditions that must be met before authorisation is granted,

(vi)the attaching of conditions and limitations to any authorisation granted,

(vii)a right of appeal to the sheriff in relation to an authorisation granted or in relation to any decision to attach, or decline to attach, conditions or limitations to an authorisation granted,

(viii)the recovery of compensation for, or the making good of, any damage done in entering, or in consequence of entering, land,

(ix)the resolution of any dispute as to compensation payable for damage done in entering, or in consequence of entering, land,

(x)a right of entry to land being conferred by the sheriff by warrant where entry to which a person is entitled by virtue of this section is refused or in such other circumstances as the Scottish Ministers consider appropriate, and

(xi)an offence of wilfully obstructing a person upon whom a right of entry has been so conferred,

(b)if provision is made under paragraph (b) of that subsection it may include provision as to—

(i)intimation that entry is proposed,

(ii)affording an opportunity to make representations as respects the proposed entry (and may include provision affording any person who has made such representations an opportunity to be heard),

(iii)conditions and limitations in relation to the proposed entry,

(iv)a right of appeal to the sheriff in relation to the proposed entry,

(v)the recovery of compensation for, or the making good of, any damage done in entering, or in consequence of entering, land,

(vi)the resolution of any dispute as to compensation payable for damage done in entering, or in consequence of entering, land,

(vii)a right of entry to land being conferred by the sheriff by warrant where entry to which a person is entitled by virtue of this section is refused or in such other circumstances as the Scottish Ministers consider appropriate, and

(viii)an offence of wilfully obstructing a person upon whom a right of entry has been so conferred, and

(c)the purposes mentioned in paragraphs (a) and (b) of that subsection may include inspecting or surveying land to be entered or any other land.

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