Section 32 - Power of entry of officers of local authorities
82.Section 32 restates section 26 of the 1960 Act, with an increase in the penalty for a person wilfully obstructing any person exercising the power of entry or entering land by authorisation of a warrant from a level 1 to a level 4 fine on the standard scale (a maximum of £2,500 at November 2013).
83.This section provides any authorised officer or agent of the local authority with powers of entry to enter a regulated site at all reasonable hours, if there are reasonable grounds for entry. They must produce an authenticated document of authority (if required) and require entry for the purposes outlined in subsection 1 (a) to (d).
84.Admission to the site is only permitted if 24 hours notice has been given to the owner, except under section 21(7) in relation to emergency action.
85.A justice of the peace may issue a warrant to authorise the local authority’s entry on to the land, if need be by force. This will happen if a magistrate concludes that, amongst other reasons, access to land has been refused, or the owner is temporarily absent and the case for entry is urgent.
