Part I

Wildlife

Miscellaneous

Species control orders: powers of entry: supplemental
14O
1
Any person who exercises a power of entry to premises in accordance with section 14M or 14N may—
a
be accompanied by any other person; and
b
take any machinery, other equipment or materials on to the premises,
for the purpose of assisting the person in the exercise of that power.
2
A power specified in subsection (1) which is exercisable under a warrant is subject to the terms of the warrant.
3
Any person leaving any premises which have been entered in exercise of a power conferred by section 14M or a warrant granted under section 14N, being either unoccupied premises or premises from which the occupier is temporarily absent, must leave the premises as effectively secured against unauthorised entry as the person found the premises.
4
A relevant body must compensate any person who has sustained damage by reason of—
a
the exercise by a person authorised by the relevant body of any powers of entry conferred on the person by section 14M or a warrant granted under section 14N; or
b
the failure of a person so authorised to perform the duty imposed by subsection (3),
unless the damage is attributable to the fault of the person who sustained it.
5
Any dispute as to a person's entitlement to compensation, or to the amount of such compensation, is to be determined by arbitration.
Ss. 14D-14P inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 16, 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(b)