Highways Act 1980

290 Supplementary provisions as to powers of entry for the purpose of survey

(1) A person authorised under section 289 above to enter on any land shall, if so required, produce evidence of his authority before or after entering on that land.

(2) A person so authorised may take with him on to the land in question such other persons, and such vehicles and equipment, as he may consider necessary.

(3) Subject to subsection (6) below, a person shall not under section 289 above demand admission as of right to any land which is occupied unless at least 7 days' notice of the intended entry has been given to the occupier.

(4) Subject to subsection (6) below, a person shall not, in the exercise of a power conferred by section 289 above, place or leave any apparatus on or in any land or remove any apparatus therefrom unless notice of his intention to do so has been included in the notice required by subsection (3) above and a like notice has been given to the owner of the land.

(5) A person shall not execute any works authorised by section 289(3) above unless notice of his intention to do so was included in the notices required by subsections (3) and (4) above and, where the interests of the National Coal Board, or of any water authority or statutory undertakers are liable to be affected by the proposed works, a like notice has been given to that Board or, as the case may be, to the water authority or statutory undertakers concerned.

(6) Where a highway authority intend to place and leave apparatus on or in a highway or to remove apparatus therefrom, or to execute in relation thereto such works as are authorised by section 289(3) above, no notice need be given to the occupier or owner of the land over which the highway subsists; but if the highway authority are not the highway authority for the highway, they shall give to that authority such notice as is required by subsections (4) and (5) above to be given to the owner.

(7) If the National Coal Board, or any water authority or statutory undertakers to whom notice is given under .subsection (5) above object to the proposed works on the ground that the execution thereof would be seriously detrimental to the carrying on of their undertaking or, in the case of a water authority, would obstruct or impede the performance of their functions under any enactment, the works shall not be executed except with the authority of the appropriate Minister.

(8) Where in the exercise of a power conferred by section 289 above works authorised by subsection (3) of that section are to be executed in a street or controlled land within the meaning of the [1950 c. 39.] Public Utilities Street Works Act 1950, section 26 of that Act (obligations on undertakers executing works which are likely to affect other undertakers' apparatus) applies in relation to those works as if they were works to which that section applies and as if the highway authority by whom they are to be executed were operating undertakers within the meaning of that section.

(9) The Post Office and the Civil Aviation Authority are to be deemed to be statutory undertakers and their respective undertakings statutory undertakings for the purposes of the foregoing provisions of this section.

(10) In this section " the appropriate Minister " means—

(a) in relation to a water authority, other than a water authority in their capacity as a sewerage authority, the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly;

(b) in relation to statutory undertakers carrying on any railway, tramway, road transport, dock, harbour or pier undertaking, the Minister of Transport; and

(c) in all other cases, the Secretary of State.