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SCHEDULE 5
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FURTHER PROVISIONS RELATING TO LAND |
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Entry on land for exploratory purposes |
| | 1. - (1) A person authorised in writing by a universal service provider may, at any reasonable time, enter upon and survey any land for the purpose of ascertaining whether the land would be suitable for use for any purpose in connection with the provision of a universal postal service.
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(2) The power to survey land conferred by this paragraph includes power to search and bore for the purpose of ascertaining the nature of the subsoil.
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(3) The powers conferred by this paragraph shall not be exercisable in relation to land which is covered by a building or will be so covered on the assumption that any planning permission which is in force is acted on.
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(4) In this paragraph "building" includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with a building.
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| | 2. - (1) A person authorised to enter upon any land under paragraph 1 shall not demand to do so as of right unless-
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(a) 28 days notice of the intended entry has been given to the occupier, and |
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(b) if required to do so, he has produced evidence of his authority and has stated the purpose of his entry. |
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(2) No person may carry out works authorised by paragraph 1(2) unless notice of the proposed works was included in the notice given under sub-paragraph (1).
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(3) If the land in question is held by statutory undertakers and they object to the works on the ground that the carrying out of the works would be seriously detrimental to the carrying on of their undertaking, the authority of the appropriate Minister shall be required for the carrying out of works authorised by paragraph 1(2).
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(4) In sub-paragraph (3) as it relates to England and Wales-
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"appropriate Minister" means the Minister indicated by section 265 of the Town and Country Planning Act 1990, |
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"statutory undertakers" has the same meaning as in section 262 of the Town and Country Planning Act 1990. |
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(5) In that sub-paragraph as it relates to Scotland-
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"appropriate Minister" means- |
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(a) in relation to any function which is exercisable by them, the Scottish Ministers,
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(b) in any other case, the Minister indicated by section 217 of the Town and Country Planning (Scotland) Act 1997 (notwithstanding the repeal of that section by paragraph 127(3) of Schedule 2 to the Scotland Act (Consequential Modifications) Order (No. 2) 1999),
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"statutory undertakers" has the same meaning as in section 214 of the Town and Country Planning (Scotland) Act 1997. |
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(6) In that sub-paragraph as it relates to Northern Ireland-
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"appropriate Minister" means- |
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(a) in relation to a statutory undertaker carrying on any railway, road transport or dock or harbour undertaking or the airport operator (within the meaning of the Airports (Northern Ireland) Order 1994) of any airport to which Article 25 of that Order applies, the Minister for Regional Development,
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(b) in relation to a statutory undertaker carrying on any water transport or inland navigation, the Minister for Culture, Arts and Leisure,
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(c) in relation to a gas or electricity undertaker, the Minister for Enterprise, Trade and Investment,
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"statutory undertaker" has the same meaning as in Article 2(2) of the Planning (Northern Ireland) Order 1991. |
| | 3. - (1) Any person who intentionally obstructs a person acting in the exercise of any power conferred by paragraph 1 shall be guilty of an offence.
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(2) A person who commits an offence under sub-paragraph (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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| | 4. - (1) If in the exercise of any power conferred by paragraph 1 any damage is caused to land or moveables, any person interested in the land or moveables may recover compensation in respect of that damage from the universal service provider on whose behalf the power is exercised; and if in consequence of the exercise of such a power a person is disturbed in his enjoyment of any land or moveables, he may recover compensation from the universal service provider in respect of that disturbance.
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(2) In relation to England and Wales, any question of disputed compensation under sub-paragraph (1) shall be referred to and determined by the Lands Tribunal; and sections 2 and 4 of the Land Compensation Act 1961 shall apply in relation to the determination subject to any necessary modifications.
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(3) In relation to Scotland, any question of disputed compensation under sub-paragraph (1) shall be referred to and determined by the Lands Tribunal for Scotland; and sections 9 and 11 of the Land Compensation (Scotland) Act 1963 shall apply in relation to the determination subject to any necessary modifications.
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(4) In relation to Northern Ireland, any question of disputed compensation under sub-paragraph (1) shall be referred to and determined by the Lands Tribunal for Northern Ireland; and the determination shall be deemed to be a determination to which section 31 of the Land Development Values (Compensation) Act (Northern Ireland) 1965 applies.
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(5) In this paragraph "moveables" means-
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(a) in relation to England and Wales and Northern Ireland, chattels, and |
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(b) in relation to Scotland, corporeal moveables. |
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Acquisition of land by agreement |
| | 5. For the purpose of the acquisition by agreement by a universal service provider for any purpose in connection with the provision of a universal postal service of land in England and Wales, the provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than sections 4 to 8 and section 31, shall apply.
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| | 6. For the purpose of the acquisition by agreement by a universal service provider for any purpose in connection with the provision of a universal postal service of land in Scotland, section 188(2) of the Town and Country Planning (Scotland) Act 1997 (incorporation of Lands Clauses Acts) shall, with any necessary modifications, apply for the purposes of this Act as it applies for the purposes of that Act.
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| | 7. For the purpose of the acquisition by agreement by a universal service provider for any purpose in connection with the provision of a universal postal service of land in Northern Ireland, the Lands Clauses Acts shall be incorporated with this Act except for sections 127 to 133 (sale of superfluous land) and sections 150 and 151 (access to the special Act) of the Lands Clauses Consolidation Act 1845.
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Power to sell Duchy of Lancaster land |
| | 8. If a universal service provider proposes to acquire by agreement any land belonging to Her Majesty in right of the Duchy of Lancaster for any purpose in connection with the provision of a universal postal service, the Chancellor and Council of the Duchy of Lancaster may sell that land to him.
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Supplementary |
| | 9. Any land acquired by agreement by a universal service provider by virtue of any of paragraphs 5 to 8 shall be deemed for all purposes to have been acquired by him for the purposes of his undertaking.
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