Overview of Chapter 4
221.Chapter 4 is a short Chapter that gives the Authority the power to carry out investigations on land to determine whether specified operations on land need to be required or carried out. The Chapter also creates related offences.
Section 55 – Power to carry out investigations
222.Section 55 gives the Authority power to carry out investigations on land to determine whether operations need to be required or carried out by the Authority, or whether operations are being carried out in compliance with a notice given under section 35.
Section 56 – Penalty for obstructing operations etc
223.Subsection (1) provides that a person commits an offence if they intentionally obstruct or interfere with - (a) an investigation under section 55, (b) the carrying out of operations required by a notice under section 35, or (c) the carrying out of operations under section 44. In accordance with subsection (3), a person guilty of an offence under subsection (1) is liable on summary conviction to a fine.
224.Subsection (2) provides that a person who intentionally damages or otherwise interferes with any works completed in the course of operations required by a notice under section 35 notice or carried out by the Authority under section 44 commits an offence. In accordance with subsection (3) a person guilty of an offence under subsection (1) is liable on summary conviction to a fine.
225.Subsection (4) provides that a contravention of subsection (1) or (2) by the Crown does not make the Crown criminally liable. This is consistent with the policy expressed in section 28(3) of the Legislation (Wales) Act 2019, which provides that an Act of Senedd Cymru does not make the Crown criminally liable, but applies to persons in the service of the Crown as it applies to other persons.
