10After section 97A there is inserted—
“97AB(1)The provisions of this section and of section 97AC of this Act shall 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 listed buildings and listed buildings 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.
(3)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.
(4)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.
97AC(1)Subject to subsection (2) of this section, a person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 265 or 97AB of this Act (referred to in this section as “a right of entry”),—
(a)shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;
(b)may take with him such other persons as may be necessary; and
(c)on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.
(2)Admission to any land which is occupied shall not be demanded as of right by virtue of section 265 of this section unless 24 hours’ notice of the intended entry has been given to the occupier of the land.
(3)Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4)If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 168 of this Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part VIII of this Act.
(5)If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.
(6)Subsection (5) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.
(7)A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.
(8)No person shall carry out any works in exercise of a power conferred under section 97 of this Act unless notice of his intention to do so was included in the notice required by subsection (2) of this section.
(9)The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 97 of this Act if—
(a)the land in question is held by statutory undertakers; and
(b)they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.
(10)Section 213(1) of this Act applies for the purposes of subsection (9) of this section as it applies for the purposes of section 266(6)(b) of this Act.”
Commencement Information
I1Sch. 10 para. 10 wholly in force at 26.3.1992 (subject to art. 5 of S.I. 1992/334) see s. 84(2)(3) and S.I. 1992/334, arts. 4, 5.
1The 1972 Act is amended as follows.
Commencement Information
I2Sch. 10 para. 1 wholly in force at 25.9.1991, see s, 84(2)(3) and S.I. 1991/2092, art. 3
2For section 53(5) (offences: penalties) there is substituted—
“(5)A person who is guilty of an offence under this section shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000, or both; or
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both;
and in determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.”
Commencement Information
I3Sch. 10 para. 2 wholly in force at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2092, art. 3
10After section 97A there is inserted—
“97AB(1)The provisions of this section and of section 97AC of this Act shall 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 listed buildings and listed buildings 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.
(3)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.
(4)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.
97AC(1)Subject to subsection (2) of this section, a person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 265 or 97AB of this Act (referred to in this section as “a right of entry”),—
(a)shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;
(b)may take with him such other persons as may be necessary; and
(c)on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.
(2)Admission to any land which is occupied shall not be demanded as of right by virtue of section 265 of this section unless 24 hours’ notice of the intended entry has been given to the occupier of the land.
(3)Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4)If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 168 of this Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part VIII of this Act.
(5)If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.
(6)Subsection (5) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.
(7)A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.
(8)No person shall carry out any works in exercise of a power conferred under section 97 of this Act unless notice of his intention to do so was included in the notice required by subsection (2) of this section.
(9)The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 97 of this Act if—
(a)the land in question is held by statutory undertakers; and
(b)they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.
(10)Section 213(1) of this Act applies for the purposes of subsection (9) of this section as it applies for the purposes of section 266(6)(b) of this Act.”
Commencement Information
I1Sch. 10 para. 10 wholly in force at 26.3.1992 (subject to art. 5 of S.I. 1992/334) see s. 84(2)(3) and S.I. 1992/334, arts. 4, 5.
10After section 97A there is inserted—
“97AB(1)The provisions of this section and of section 97AC of this Act shall 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 listed buildings and listed buildings 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.
(3)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.
(4)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.
97AC(1)Subject to subsection (2) of this section, a person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 265 or 97AB of this Act (referred to in this section as “a right of entry”),—
(a)shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;
(b)may take with him such other persons as may be necessary; and
(c)on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.
(2)Admission to any land which is occupied shall not be demanded as of right by virtue of section 265 of this section unless 24 hours’ notice of the intended entry has been given to the occupier of the land.
(3)Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4)If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 168 of this Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part VIII of this Act.
(5)If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.
(6)Subsection (5) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.
(7)A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.
(8)No person shall carry out any works in exercise of a power conferred under section 97 of this Act unless notice of his intention to do so was included in the notice required by subsection (2) of this section.
(9)The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 97 of this Act if—
(a)the land in question is held by statutory undertakers; and
(b)they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.
(10)Section 213(1) of this Act applies for the purposes of subsection (9) of this section as it applies for the purposes of section 266(6)(b) of this Act.”
Commencement Information
I1Sch. 10 para. 10 wholly in force at 26.3.1992 (subject to art. 5 of S.I. 1992/334) see s. 84(2)(3) and S.I. 1992/334, arts. 4, 5.
10After section 97A there is inserted—
“97AB(1)The provisions of this section and of section 97AC of this Act shall 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 listed buildings and listed buildings 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.
(3)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.
(4)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.
97AC(1)Subject to subsection (2) of this section, a person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 265 or 97AB of this Act (referred to in this section as “a right of entry”),—
(a)shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;
(b)may take with him such other persons as may be necessary; and
(c)on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.
(2)Admission to any land which is occupied shall not be demanded as of right by virtue of section 265 of this section unless 24 hours’ notice of the intended entry has been given to the occupier of the land.
(3)Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4)If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 168 of this Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part VIII of this Act.
(5)If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.
(6)Subsection (5) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.
(7)A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.
(8)No person shall carry out any works in exercise of a power conferred under section 97 of this Act unless notice of his intention to do so was included in the notice required by subsection (2) of this section.
(9)The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 97 of this Act if—
(a)the land in question is held by statutory undertakers; and
(b)they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.
(10)Section 213(1) of this Act applies for the purposes of subsection (9) of this section as it applies for the purposes of section 266(6)(b) of this Act.”
Commencement Information
I1Sch. 10 para. 10 wholly in force at 26.3.1992 (subject to art. 5 of S.I. 1992/334) see s. 84(2)(3) and S.I. 1992/334, arts. 4, 5.