C2Part V Enforcement of Control under Parts III and IV
F1 Hazardous substances
S. 97B and crossheading inserted (18.2.1993 for certain purposes, otherwise 1.5.1993) by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 36; S.I. 1993/273, arts.3, 5
F297BBF2Further provision as to rights of entry in relation to hazardous substances control.
1
The provisions of this section and of section 97BC of this Act apply, in place of the provisions of section 266 of this Act, to rights of entry exercised under section 265 of this Act in relation to applications for hazardous substances consent and hazardous substances control.
2
If the sheriff is satisfied—
a
that there are reasonable grounds for entering any land for any of the purposes mentioned in section 265 of this Act; 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,
he may issue a warrant authorising any person duly authorised in writing to enter the land.
2
For the purposes of subsection (2)(b)(i) of this section 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.
C1Part V Enforcement of Control under Parts III and IV
Hazardous substances
F297BBFurther provision as to rights of entry in relation to hazardous substances control.
1
The provisions of this section and of section 97BC of this Act apply, in place of the provisions of section 266 of this Act, to rights of entry exercised under section 265 of this Act in relation to applications for hazardous substances consent and hazardous substances control.
2
If the sheriff is satisfied—
a
that there are reasonable grounds for entering any land for any of the purposes mentioned in section 265 of this Act; 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,
he may issue a warrant authorising any person duly authorised in writing to enter the land.
2
For the purposes of subsection (2)(b)(i) of this section 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.
Pt. V excluded by Local Government, Planning and Land Act 1980 (c.65), Sch. 17 para. 8(2)