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High Hedges Act (Northern Ireland) 2011

Section 9 - Powers of entry (for the purpose of complaints or appeals)

This section provides persons authorised by the councils and by the Northern Ireland Valuation Tribunal to enter the land on which a high hedge is situated in order to carry out their functions under the Act.  The council will have to determine whether a complaint is justified, and subsequently whether to issue, withdraw or waive a requirement of such a notice and to ensure compliance.  The Northern Ireland Valuation Tribunal in determining appeals will have to gather information on which to base its decision.

Any person exercising the powers conferred by this section must give 24 hours' notice of their intended entry and, if requested at any stage, to produce evidence of their authority.  Such persons may bring with them any equipment or persons as required to gather information and to take samples of the hedge involved in the case.  If the land is unoccupied, authorised persons must leave it as effectively secured as they found it.  Intentionally obstructing a person exercising these powers is an offence, punishable on summary conviction by a fine not exceeding level 3 on the standard scale.

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Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.


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