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CHAPTER IV |
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GENERAL |
| Powers of entry for purposes of Part I. |
38. - (1) A person who is authorised by the appropriate countryside body to do so may enter any land-
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(a) for the purpose of surveying it in connection with the preparation of any map under this Part or the review of any map issued under this Part, |
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(b) for the purpose of determining whether any power conferred on the appropriate countryside body by Chapter II should be exercised in relation to the land, |
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(c) for the purpose of ascertaining whether members of the public are being permitted to exercise the right conferred by section 2(1), |
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(d) in connection with an appeal under any provision of this Part, or |
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(e) for the purpose of determining whether to apply to the Secretary of State or the National Assembly for Wales under section 50. |
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(2) A person who is authorised by a local highway authority to do so may enter any land-
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(a) for the purpose of determining whether the local highway authority should enter into an agreement under section 33, give a notice under section 34(1) or (3) or section 35(1) or carry out works under section 34(1) or (4), section 35(4) or section 37(2)(b), |
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(b) for the purpose of ascertaining whether an offence under section 14 or 37 has been or is being committed, or |
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(c) for the purposes of erecting or maintaining notices under section 19(1). |
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(3) A person who is authorised by a National Park authority to do so may enter any land-
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(a) for the purpose of enabling the authority to determine whether to exercise any power under Chapter II of this Act in relation to the land, |
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(b) for the purpose of determining whether members of the public are being permitted to exercise the right conferred by section 2(1), |
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(c) in connection with any appeal under any provision of this Part, |
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(d) for the purpose of determining whether the authority should enter into an agreement under section 33, give a notice under section 34(1) or (3) or section 35(1) or carry out works under section 34(1) or (4), section 35(4) or section 37(2)(b), |
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(e) for the purpose of ascertaining whether an offence under section 14 or 37 has been or is being committed, or |
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(f) for the purposes of erecting or maintaining notices under section 19(1). |
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(4) A person authorised under this section to enter upon any land-
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(a) shall, if so required, produce evidence of his authority before entering, and |
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(b) shall produce such evidence if required to do so at any time while he remains on the land. |
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(5) A person shall not under this section demand admission as of right to any occupied land, other than access land, unless-
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(a) at least twenty-four hours' notice of the intended entry has been given to the occupier, or |
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(b) it is not reasonably practicable to give such notice, or |
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(c) the entry is for the purpose specified in subsection (2)(b) and (3)(e). |
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(6) The rights conferred by this section are not exercisable in relation to a dwelling-house.
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(7) A person who intentionally obstructs a person acting in the exercise of his powers under this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
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| Crown application of Part I. |
39. - (1) This Part binds the Crown.
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(2) No contravention by the Crown of any provision of this Part shall make the Crown criminally liable; but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention.
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(3) The provisions of this Part apply to persons in the public service of the Crown as they apply to other persons.
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| Orders and regulations under Part I. |
40. - (1) Any power to make an order or regulations which is conferred by this Part on the Secretary of State or the National Assembly for Wales is exercisable by statutory instrument.
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(2) Any power to make an order or regulations which is conferred by this Part on the Secretary of State or the National Assembly for Wales includes power-
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(a) to make different provision for different cases, and |
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(b) to make such incidental, supplementary, consequential or transitional provision as the person making the order or regulations considers necessary or expedient. |
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(3) No order shall be made under section 3 by the Secretary of State unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
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(4) Any statutory instrument containing regulations made by the Secretary of State under any provision of this Part, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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| Interpretation of Part I. |
41. - (1) In this Part, unless a contrary intention appears-
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"access authority" has the meaning given by section 1(2); |
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"access land" has the meaning given by section 1(1); |
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"the appropriate countryside body" has the meaning given by section 1(2); |
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"excepted land" has the meaning given by section 1(2); |
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"Inner London" means the area comprising the Inner London boroughs, the City of London, the Inner Temple and the Middle Temple; |
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"interest", in relation to land, includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an estate or interest in land or by virtue of a licence or agreement, and in particular includes rights of common (as defined by section 22 of the Commons Registration Act 1965) and sporting rights, and references to a person interested in land shall be construed accordingly; |
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"local highway authority" has the same meaning as in the Highways Act 1980; |
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"local or private Act" includes an Act confirming a provisional order; |
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"mountain" has the meaning given by section 1(2); |
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"open country" has the meaning given by section 1(2); |
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"owner", in relation to any land, means, subject to subsection (2), any person, other than a mortgagee not in possession, who, whether in his own right or as trustee for another person, is entitled to receive the rack rent of the land, or, where the land is not let at a rack rent, would be so entitled if it were so let; |
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"prescribed" means prescribed by regulations; |
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"registered common land" has the meaning given by section 1(2); |
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"regulations" means regulations made by the Secretary of State (as respects England) or by the National Assembly for Wales (as respects Wales); |
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"telecommunications code" and "telecommunications code system" have the same meaning as in Schedule 4 to the Telecommunications Act 1984. |
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(2) In relation to any land which is subject to a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 or a tenancy to which the Agricultural Holdings Act 1986 applies, the definition of "owner" in subsection (1) does not apply where it is excluded by section 2(5) or 20(4) or by paragraph 6(2) of Schedule 2.
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(3) For the purposes of this Part, the Broads are to be treated as a National Park and the Broads Authority as a National Park authority.
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(4) In subsection (3) "the Broads" has the same meaning as in the Norfolk and Suffolk Broads Act 1988.
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| Repeal of previous legislation, and amendments relating to Part I. |
42. - (1) The following provisions (which are superseded by the provisions of this Part) shall cease to have effect-
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(a) in section 193 of the Law of Property Act 1925, subsection (2) (power by deed to declare land subject to that section), and |
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(b) Part V of the National Parks and Access to the Countryside Act 1949 (access to open country). |
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(2) Schedule 4 (which contains minor and consequential amendments relating to access to the countryside) has effect.
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