8 Interpretation and application.E+W

(1)Any reference in this Act to an “entry” upon any servient land includes a reference to the doing on that land of anything necessary for carrying out the works to the dominant land which are reasonably necessary for its preservation; and “enter” shall be construed accordingly.

(2)This Act applies in relation to any obstruction of, or other interference with, a right over, or interest in, any land as it applies in relation to an entry upon that land; and “enter” and “entry” shall be construed accordingly.

(3)In this Act—

  • access order” has the meaning given by section 1(1) above;

  • applicant” means a person making an application for an access order and, subject to section 4 above, “the respondent” means the respondent, or any of the respondents, to such an application;

  • the court” means the High Court or a county court;

  • the dominant land” and “the servient land” respectively have the meanings given by section 1(1) above, but subject, in the case of servient land, to section 2(1) above;

  • land” does not include a highway;

  • the specified works” means the works specified in the access order in pursuance of section 2(1)(a) above.

Commencement Information

I1S. 8 wholly in force at 31.1.1993 by s. 9(2) and S.I. 1992/3349, art. 2