Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

Miscellaneous provisions S

76 Rights of entry. S

(1) Any person duly authorised in writing by the Secretary of State may at any reasonable time enter upon any land for the purpose of surveying any building on that or any other land in connection with a proposal to include the building in, or exclude it from, a list compiled or approved under section 1.

[F1 (1A) Any person duly authorised in writing by the planning authority may, at any reasonable time, enter upon land—

(a) for the purposes of displaying—

(i) a site notice,

(ii) a notice under section 41A(7) in place of a site notice, or

(iii) a copy of a temporary stop notice, and a statement as to the effect of section 41H, under section 41F(4),

(b) to ascertain whether a listed building enforcement notice, a stop notice or a temporary stop notice has been complied with.]

(2) Any person duly authorised in writing by the Secretary of State or the planning authority may at any reasonable time enter upon any land for any of the following purposes—

(a) surveying it in connection with any proposal by the authority or the Secretary of State to make or serve any order or notice under or by virtue of any provision of this Act other than sections 25 to 33, 42, 44 to 48, 51, 52, 57, 58, 59(2) and (3), 61 to 67, 69 to 75, 79 to 83 and Schedule 3,

(b) ascertaining whether an offence has been, or is being, committed with respect to any building on that or any other land, under section 8, 10, 39 [F2 , 41E, 41H] or 53,

(c) ascertaining whether any such building is being maintained in a proper state of repair,

(d) ascertaining whether any of the functions conferred by section 49 should or may be exercised in connection with the land, or

(e) exercising any of those functions in connection with the land.

(3) Any person who is an officer of the Valuation Office or a person duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation payable under this Act in respect of any land.

(4) Any person who is an officer of the Valuation Office or a person duly authorised in writing by a planning authority may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation payable under section 25 or 26 in respect of any land.

(5) Any person who is an officer of the Valuation Office or is duly authorised in writing by a planning authority having power to acquire land under sections 42 to 47 may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with any proposal to acquire that land or any other land, or in connection with any claim for compensation in respect of any such acquisition.

(6) Subject to sections 77 and 78, any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals in it.

Textual Amendments

F1 S. 76(1A) inserted (30.6.2011 for specified purposes) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 23(3)(a), 33(2); S.S.I. 2011/174, art. 2, sch.

F2 Words in s. 76(2)(b) inserted (30.6.2011 for specified purposes) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 23(3)(b), 33(2); S.S.I. 2011/174, art. 2, sch.

77 Power to issue warrant. S

(1) If in relation to rights of entry exercised under section 76 the sheriff is satisfied—

(a) that there are reasonable grounds for entering any land for any of the purposes mentioned in that section, 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 (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.

78 Rights of entry: supplementary provisions. S

(1) Subject to subsection (2), a person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 76 or 77 (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 76 or 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 subsections (4) and (5) of section 27 shall apply in relation to compensation under this subsection as they apply in relation to compensation under sections 25 to 27.

(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—

(a) on summary conviction to a fine not exceeding the statutory maximum, or

(b) on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine or both.

(8) No person shall carry out any works in exercise of a power conferred under section 49 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 [F3 Scottish Ministers] shall be required for the carrying out of works in exercise of a power conferred under section 49 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.

F4 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Words in s. 78(9) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 128(3); S.I. 1998/3178, art. 3

F4 S. 78(10) repealed (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 128(3), Pt. IV; S.I. 1998/3178, art. 3

[F5 78A Rights of entry: Crown land S

(1) Section 76 applies to Crown land subject to the following modifications.

(2) A person must not enter Crown land unless he has the relevant permission.

(3) Relevant permission is the permission of—

(a) a person appearing to the person seeking entry to the land to be entitled to give it, or

(b) the appropriate authority.

(4) In subsection (6) the words “and 78” must be ignored.

(5) Section 78 does not apply to anything done by virtue of this section.

(6) “Appropriate authority” must be construed in accordance with section 73C.]

Textual Amendments

F5 S. 78A inserted (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 5 para. 15 (with s. 111); S.S.I. 2006/268, art. 3(f)

79 Application of certain general provisions of principal Act. S

(1) Subject to [F6 subsections (1A) and] (2), the following provisions of the principal Act shall apply for the purposes of this Act as they apply for the purposes of that Act—

• section 85 (power to make provision for determination of claims),

• section 146 (interdicts restraining breaches of planning control),

• section 195 (general vesting declarations),

• section 265 (local inquiries),

• [F7 section 265A (planning inquiries to be held in public subject to certain exceptions),]

• section 266 (orders as to expenses of parties where no local inquiry held),

• section 267 (procedure on certain appeals and applications),

• section 271 (service of notices),

• [F8 section 271A(1) and (2) (service of notices on the Crown),]

• section 272 (power to require information as to interests in land),

• [F9 section 272A(1) to (4) (information as to interests in Crown land),]

• section 273 (offences by corporations), and

• [F10 section 275A (further provision as regards regulations: inquiries, etc.),]

• section 276 (Act not excluded by special enactments).

[F11 (1A) Subsection (1)(cc) of section 271 of the principal Act shall not apply to–

(a) serving a building preservation notice;

(b) serving a copy of a listed building enforcement notice by a planning authority;

(c) giving notice under section 34 of this Act of the exercise of powers conferred by subsection (7) of that section;

(d) serving a listed building enforcement notice issued by the Scottish Ministers; and

(e) giving notice to parties who must be notified of applications for listed building consent and other matters in accordance with regulations made under section 10 of that Act.]

(2) Section 273 of that Act shall not apply to offences under section 53 of this Act.

[F12 (3) In the application of section 265A of the principal Act for the purposes of this Act, the provisions mentioned in subsection (1) of the section shall be construed as including any inquiry held by virtue of this section.]

Textual Amendments

F6 Words in s. 79(1) substituted (28.7.2004) by The Town and Country Planning (Electronic Communications) (Scotland) Order 2004 (S.S.I. 2004/332), arts. 1(1), 10(1)(2)

F7 Words in s. 79(1) inserted (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 5 para. 20(2)(a) (with s. 111); S.S.I. 2006/268, art. 3(f)

F8 Words in s. 79(1) inserted (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 5 para. 20(2)(b) (with s. 111); S.S.I. 2006/268, art. 3(f)

F9 Words in s. 79(1) inserted (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 5 para. 20(2)(c) (with s. 111); S.S.I. 2006/268, art. 3(f)

F10 Words in s. 79(1) inserted (30.6.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 29(1), 33(2); S.S.I. 2011/174, art. 2, sch.

F11 S. 79(1A) inserted (28.7.2004) by The Town and Country Planning (Electronic Communications) (Scotland) Order 2004 (S.S.I. 2004/332), arts. 1(1), 10(1)(3)

F12 S. 79(3) inserted (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 5 para. 20(3) (with s. 111); S.S.I. 2006/268, art. 3(f)

80 Financial provisions. S

(1) Where—

(a) compensation is payable by a planning authority under this Act in consequence of any decision or order given or made under any provision of this Act other than sections 25 to 27, 42, 43(1) to (3), 44 to 52, 57, 58, 59(2) and (3), 61 to 64, 66, 67(1) to (4), (10) and (11) and 68 to 83, and

(b) that decision or order was given or made wholly or partly in the interest of a service which is provided by a government department and the cost of which is defrayed out of money provided by Parliament,

the Minister responsible for the administration of that service may pay that authority a contribution of such amount as he may with the consent of the Treasury determine.

(2) Any local authority and any statutory undertakers may contribute towards any expenses incurred by a planning authority in or in connection with the performance of any of their functions under the provisions of sections 1 to 24, 28 to 47, 50, 53, 54, 56, 59, 77 and 78 and Schedules 1 and 2.

(3) In the application of subsection (2) to a local authority, “planning authority” means a planning authority other than that local authority.

(4) Any expenses incurred by a planning authority under sections 28 to 30 and 42 to 47 in pursuance of a listed building purchase notice or in the acquisition of land under this Act for the purposes of any function of that authority shall be defrayed in the same manner as other expenses incurred by that authority for the purposes of that function.

(5) Subsections (3) and (4) of section 261 of the principal Act (borrowing by authorities for purposes of the principal Act) shall apply for the purposes of this Act as they apply for the purposes of that Act.

(6) There shall be paid out of money provided by Parliament—

(a) any sums necessary to enable the Secretary of State to make any payments becoming payable by him under sections 25 and 26,

(b) any expenses incurred by any government department including the Secretary of State in the acquisition of land under sections 42 to 47 or in the payment of compensation under section 46(4) or 78(4) or under subsection (1),

(c) any sums necessary to enable the Secretary of State to make grants or loans under sections 69 and 72, and

(d) any administrative expenses incurred by the Secretary of State for the purposes of this Act.

(7) Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.