PART 7

Compulsory purchase etc

Right to enter and survey land

Warrant authorising use of force to enter and survey land
173
1
A justice of the peace may issue a warrant authorising a person to use force in the exercise of the power conferred by section 172(1) if satisfied—
a
that another person has prevented or is likely to prevent the exercise of that power, and
b
that it is reasonable to use force in the exercise of that power.
2
The force that may be authorised by a warrant is limited to that which is reasonably necessary.
3
A warrant authorising the person to use force must specify the number of occasions on which the authority can rely on the warrant when entering and surveying or valuing land.
4
The number specified must be the number which the justice of the peace considers appropriate to achieve the purpose for which the entry and survey or valuation are required.
5
Any evidence in proceedings for a warrant under this section must be given on oath.
S. 173 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h)
S. 173 applied (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 2 para. 1(5)(6)
S. 173 applied (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 2 para. 8(2)(3)
Pts. 6, 7: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)