Search Legislation

High Hedges Act (Northern Ireland) 2011

 Help about what version

What Version

 Help about opening options

Opening Options

Status:

This is the original version (as it was originally enacted).

Powers of entry

This section has no associated Explanatory Notes

9.—(1) Where, under this Act, a complaint has been made or a remedial notice has been issued, a person authorised by the council may enter the neighbouring land in order to obtain information required by the council for the purpose of determining—

(a)whether this Act applies to the complaint;

(b)whether to issue or withdraw a remedial notice;

(c)whether to waive or relax a requirement of a remedial notice;

(d)whether a requirement of a remedial notice has been complied with.

(2) Where an appeal has been made under section 7, a member of, or person authorised by, the Valuation Tribunal may enter the neighbouring land in order to obtain information required for the purpose of determining the appeal.

(3) A person shall not enter land in the exercise of a power conferred by this section unless at least 24 hours’ notice of the intended entry has been given to every occupier of the land.

(4) A person authorised under this section to enter land—

(a)shall, if so required, produce evidence of that person’s authority before entering; and

(b)shall produce such evidence if required to do so at any time while that person remains on the land.

(5) A person who enters land in the exercise of a power conferred by this section may—

(a)be accompanied by such other persons as may be necessary;

(b)take onto the land equipment and materials needed in order to obtain the information required;

(c)take samples of any trees or shrubs that appear to that person to form part of a high hedge.

(6) If, in the exercise of a power conferred by this section, a person enters land which is unoccupied or from which all of the persons occupying the land are temporarily absent, that person must on departure leave the land as effectively secured against unauthorised entry as that person found it.

(7) A person who intentionally obstructs a person acting in the exercise of the powers under this section is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources