High Hedges (Scotland) Act 2013

22 Power to take action

(1) A person authorised by a relevant local authority (referred to in this section as an “authorised person”) may—

(a) enter the neighbouring land,

(b) take any initial action or preventative action which—

(i) is required to be taken by a high hedge notice, and

(ii) has not been taken in accordance with the high hedge notice,

(c) take onto the land such other persons and such materials and equipment (including vehicles) as may be reasonably required for the purposes of assisting the authorised person to take the required action, and

(d) do anything else which is reasonably required for the purpose of taking the required action.

(2) The relevant local authority must give every owner and occupier of the neighbouring land at least 14 days’ notice of the intended entry by the authorised person.

(3) An authorised person may enter a building which is for the time being occupied as a residence only if there is no other reasonably practicable means of access to the high hedge.

(4) An authorised person must on request produce written evidence of the authorisation.

(5) On leaving neighbouring land which is unoccupied or from which all of the occupiers are temporarily absent, an authorised person must ensure that the land is as effectively secured against unauthorised entry as it was when the person entered it.