PART 5Supplementary

Other supplementary provision

I182Obstructions etc

1

This section applies where any person (“A”) is required, authorised or entitled to take any action under—

a

a temporary exemption notice,

b

a rectification notice,

c

a Part 4 notice, or

d

paragraph 5 of Schedule 3 (power to undertake works).

2

If—

a

A gives notice to any other person (“O”) that A intends to take the action, and

b

after receiving that notice, O prevents or obstructs A from taking that action,

A may make an application for an order under subsection (3).

3

A court of summary jurisdiction may, on the application of A, order O to permit A to do all things which A reasonably requires to do for the purposes of taking the action in question.

4

Any person who fails to comply with an order under subsection (3) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

5

This section does not apply in relation to rights conferred by sections 78 to 80 (powers of entry).