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Agriculture Act 1970

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This is the original version (as it was originally enacted).

96Powers of entry on land

(1)Subject to the provisions of this section, any person authorised by a local authority shall, on producing if so required some duly authenticated document showing his authority, have a right at all reasonable hours to enter on any land (whether in the area of the local authority or not) for the purpose of determining whether, and if so in what manner, any power conferred on the local authority by this Part of this Act is to be exercised.

(2)Admission to any land shall not be demanded as of right under this section unless fourteen days notice of the intended entry has been given to the occupier of the land.

(3)If on application made to him the sheriff is satisfied—

(a)that admission to any land on which any person is entitled to enter under this section has been refused to that person or that refusal is apprehended, or that the land is unoccupied, or that the case is one of urgency,

(b)that there is reasonable ground for entry on the land for the purpose for which entry is required, and

(c)either that notice of the intention to make the application has been given to the occupier or that it is equitable in the circumstances to dispense with such notice,

the sheriff may by warrant under his hand authorise that person to enter on the land; and any warrant so issued shall be expressed to remain in force for such period only as the sheriff, having regard to all the circumstances of the case, shall fix.

(4)If any person wilfully obstructs any other person exercising a right conferred by this section to enter, or do anything, on any land he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £5 in the case of a first conviction or £20 in the case of a second or any subsequent conviction.

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