Planning (Hazardous Substances) Act 1990

[36AF1Warrants to enter land.E+W

(1)If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

(a)that there are reasonable grounds for entering any land for any of the purposes mentioned in section 36; and

(b)that—

(i)admission to the land has been refused, or a refusal is reasonably apprehended; or

(ii)the case is one of urgency,

the justice may issue a warrant authorising any person duly authorised in writing by a hazardous substances authority to enter the land.

(2)For the purposes of subsection (1)(b)(i) admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

(3)A warrant authorises entry on one occasion only and that entry must be—

(a)within one month from the date of the issue of the warrant; and

(b)at a reasonable hour, unless the case is one of urgency.]

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Amendments (Textual)

Modifications etc. (not altering text)

C1S. 36A Power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art.3

Commencement Information

I1S. 36A wholly in force at 1.6.1998 see S.I. 1992/725, art. 3, s. 36A in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2