C1C3C4 Part VII Enforcement

Annotations:
Modifications etc. (not altering text)
C1

Pt. VII (ss. 172-196C) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11

Pt. VII (ss. 172-196C) applied (with modifications) (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

F1Rights of entry for enforcement purposes

Annotations:
Amendments (Textual)
F1

Ss. 196A - 196C inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 11(1) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)

F2C2196B Right to enter under warrant.

1

If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

a

that there are reasonable grounds for entering any land for any of the purposes mentioned in section 196A(1) or (2); 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,

the justice may issue a warrant authorising any person duly authorised in writing by a local planning authority or, as the case may be, the Secretary of State to enter the land.

2

For the purposes of subsection (1)(b)(i) 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.