Search Legislation

Local Government (Miscellaneous Provisions) Act 1976

Status:

This is the original version (as it was originally enacted).

24Provisions supplementary to s. 23

(1)A person authorised in writing in that behalf by such a council as is mentioned in subsection (1) of the preceding section may enter on any land for the purpose of—

(a)determining whether the council should take steps in pursuance of subsection (2) or (7) or serve a notice in pursuance of subsection (3) of that section in respect of a tree on the land ; or

(b)exercising on behalf of the council a power conferred on the council by subsection (2) or (7) of that section in respect of a tree on the land.

(2)A person authorised to enter on any land in pursuance of the preceding subsection—

(a)shall, if so required before or after entering on the land,

produce evidence of his authority to enter;

(b)may take with him on to the land such other persons and such equipment as are necessary for achieving the purpose for which he was authorised to enter on the land;

(c)shall, if the land is unoccupied when he enters or the occupier is then temporarily absent, leave the land as effectually secured against trespassers as he found it.

(3)If a person—

(a)wilfully obstructs another person in the exercise of a power conferred on the other person by subsection (1) or (2)(b) of this section ; or

(b)while another person is on land in pursuance of the said subsection (1) or (2)(b), wilfully obstructs the other person in doing things connected with the purpose for which the other person is authorised to be on the land,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.

(4)If a person interested in any land suffers damage by reason of—

(a)the exercise of the power to enter on the land which is conferred by virtue of subsection (1)(a) of this section; or

(b)the exercise on the land, in connection with the exercise of the power mentioned in the preceding paragraph, of the power conferred by subsection (2)(b) of this section ; or

(c)a failure to perform the duty imposed by subsection (2)(c) of this section in respect of the land,

he shall be entitled to recover compensation for the damage from the local authority which authorised the entry in question.

(5)Any dispute as to a person's entitlement to compensation in pursuance of the preceding subsection or as to the amount of the compensation shall be determined by the Lands Tribunal, and sections 2(2) to (5) and 4 of the Land Compensation Act 1961 (which relate to the conduct of certain proceedings before the Tribunal and costs) shall with the necessary modifications apply in relation to the determination by the Tribunal of such a dispute.

(6)Where a council is entitled by virtue of the preceding section to recover any expenses from a person, the council shall also be entitled to recover from him interest on the amount of the expenses or on such portion of it as is for the time being unpaid, at the rate fixed by section 171(2) of the Local Government Act 1972, from the date on which the council served notice on him demanding payment of the expenses.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources