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Flood Risk Management (Scotland) Act 2009

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This is the original version (as it was originally enacted).

81Powers of entry: supplementary

This section has no associated Explanatory Notes

(1)A right to enter any land conferred by section 79 includes a right to—

(a)enter for the same purpose any land adjacent to it, and

(b)survey and examine the land.

(2)Any person who enters any land in exercise of a right conferred by section 79 is entitled, subject in the case of a right exercisable in accordance with a warrant to the terms of the warrant, to—

(a)take on to the land such other persons and such materials and equipment (including vehicles) as may be reasonably required for the purposes of assisting the person, and

(b)do anything else which is reasonably required in order to fulfil the purpose for which entry is taken.

(3)Before any such person exercises any such right, the occupant of the land concerned must be given—

(a)where—

(i)the person exercising any such right intends to take heavy equipment onto the land concerned or entry is sought to a house, and

(ii)the right being exercised is not being exercised in accordance with a warrant,

at least 7 days' notice,

(b)in any other case, at least 24 hours' notice.

(4)A right to enter any land conferred by section 79 may be exercised only at a reasonable time.

(5)Subsections (3) and (4) do not apply to the exercise of—

(a)a right under section 79(2)(f), or

(b)if the situation is urgent, a right under section 79(1)(l).

(6)A person authorised to exercise any right conferred by section 79 must, if required to do so, produce written evidence of that authorisation.

(7)In subsection (3)(a)(i)—

  • “heavy equipment” does not include vehicles designed soley or mainly for the carriage of passengers,

  • “house” has the meaning given in section 194(1) of the Housing (Scotland) Act 2006 (asp 1).

(8)In this section and section 82, references to a right to enter land conferred by section 79 include references to that right exercised in accordance with a warrant granted under section 80.

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