Prospective

PART 4 E+W SUPPLEMENTARY

Powers of entry E+W

66 Entry to land without a warrant E+W

(1) An authorised person may not, under section 65, demand admission as of right to any land which is occupied unless at least 48 hours’ notice of the intended entry has been given to every occupier of the land.

(2) An authorised person may not, under section 65, demand as of right—

(a) to take other persons, equipment or material onto land which is occupied, or

(b) to leave equipment or material on the land,

unless at least 48 hours’ notice of the intention to do so (including details of the persons, equipment or material) has been given to every occupier of the land.

(3) Subsections (1) and (2) do not apply if the Authority believes—

(a) that a disused tip is unstable, and

(b) that the instability of the tip poses a threat to human welfare that requires immediate entry to the land for a purpose mentioned in section 65(1)(c) or (e).

(4) An authorised person may not, under section 65, demand admission as of right to residential land.

(5) An authorised person may demand admission as of right to land under section 65—

(a) only at a reasonable time, unless the condition in subsection (3) is satisfied;

(b) at any time, if that condition is satisfied.

(6) An authorised person must—

(a) if requested to do so by or on behalf of an owner or occupier of the land, produce evidence of the person’s authorisation and state the purpose of the entry before entering the land under section 65;

(b) if leaving the land at a time when no owner or occupier is present, leave it as effectively secured against trespassers as the person found it.

(7) In this section—

• “land” (“tir”) does not include Crown land;

• “residential land” (“tir preswyl”) means so much of any land as consists of—

  (a)

  a dwelling or part of a dwelling,

  (b)

  a garden, yard, private garage or outhouse which is used and enjoyed wholly or mainly with a dwelling, or

  (c)

  in the case of a building which includes one or more dwellings, any part of the building which is used and enjoyed wholly or mainly with those dwellings or any of them.

(8) See section 70 for provision about entry to Crown land under section 65.

Commencement Information

I1 S. 66 not in force at Royal Assent, see s. 92(3)