SCHEDULES
F39SCHEDULE 4 Acquisition of land
F38 Part IVOther provisions
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F9Rights of entry
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F114
F401
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
3
Any power conferred by this paragraph to survey land includes power to search and bore for the purpose of ascertaining—
a
the nature of the subsoil; or
b
the presence of minerals or contaminants in it.
F315
1
A person authorised under paragraph 14 above to enter any land—
a
shall, if so required by the occupier or anyone acting on his behalf, produce evidence of his authority; and
b
shall not, if the land is occupied, demand admission as of right to it unless 24 hours’ notice of the intended entry has been given to the occupier.
2
Any person who intentionally obstructs a person acting in the exercise of a power conferred by paragraph 14 above is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
4
Except in so far as may be otherwise provided by regulations made by the F6AssemblyF6 under this sub-paragraph, any question of disputed compensation under sub-paragraph (3) above shall be referred to and determined by the F7Upper TribunalF7; and the provisions of F8sectionF8 4 of the M1Land Compensation Act 1961 apply to the determination of any question under this sub-paragraph, subject to any necessary modifications and to the provisions of any regulations under this sub-paragraph.
5
Where under paragraph 14 above a person proposes to carry out any works authorised by sub-paragraph (3) of that paragraph—
a
he shall not carry out those works unless notice of his intention to do so was included in the notice required by sub-paragraph (1)(b) above; and
b
if the land in question is held by statutory undertakers and those undertakers object to the proposed works on the grounds that the carrying out of the works would be seriously detrimental to the carrying on of their undertaking, the works shall not be carried out without the authority of the appropriate Minister.
6
A person who enters land in the exercise of a power of entry conferred by paragraph 14 above—
a
shall take reasonable care to avoid damage or injury to plant, machinery, equipment, livestock, crops or enclosures; and
b
on leaving the land, shall secure it as effectively against unauthorised entry as he found it.
7
If any person who is admitted into a factory, workshop or workplace in the exercise of a power of entry conferred by paragraph 14 above discloses to any person any information obtained by him there as to any manufacturing process or trade secret, he shall, unless the disclosure is made in the course of performing his duty in connection with the purpose for which he was authorised to enter the premises, be guilty of an offence.
8
A person guilty of an offence under sub-paragraph (7) above is liable—
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine, or to both.
F13Displacement of legislation preventing possession
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F1016
F15Register of land holdings
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
17
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25Information
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F1618
1
Where, with a view to performing any function of the F17AssemblyF17F18under this ActF18 relating to land, the F17AssemblyF17 considers that F19itF19 ought to have information connected with that or any other land, the F17AssemblyF17 may serve on one or more of—
a
the occupier of the land;
b
any person who has an interest in the land either as freeholder, mortgagee or lessee, or who directly or indirectly receives rent for the land; and
c
any person who, in pursuance of an agreement between himself and a person interested in the land, is authorised to manage the land or to arrange for the letting of it,
a notice specifying the land and the function and the provision which confers the function.
2
The notice shall require the recipient to furnish to the F17AssemblyF17, within a period specified in it (which shall not be less than 14 days beginning with the day on which the notice is served)—
a
the nature of his interest in the land; and
b
the name and address of each person whom the recipient of the notice believes to be the occupier of the land and of each person whom he believes to be, as respects the land, a person mentioned in sub-paragraph (1)(b) or (c) above.
3
A person who—
a
refuses, or fails without reasonable excuse, to comply with the requirements of a notice served on him under sub-paragraph (1) above; or
b
in furnishing any information in compliance with such a notice makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
F2019
1
The council of every county and county borough in Wales, every joint planning board for a district in Wales F41, every National Park authority for a National Park in Wales and every F42corporate joint committee shall supply the F21Assembly—
a
b
with such certificates supporting the information as the F22Assembly may in the regulations specify.
2
If a local planning authority in Wales receives an application for planning permission, the authority shall as soon as practicable after receipt send a copy of the application to the F21Assembly.
3
4
Sub-paragraphs (2) and (3) above shall not apply if and so far as the F21Assembly directs.
F28Regulations as to form of documents
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F27F2620
1
The Assembly may make regulations for prescribing the form of any document required or authorised by or under this Schedule which relates to land in Wales.
2
The Secretary of State may make regulations for prescribing the form of any document required or authorised by or under this Schedule which relates to land in England.F27
F32Local inquiries
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F2921
F35Crown land
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F3322
1
2
In this paragraph—
a
“private interest” means an interest which is not a Crown interest or a Duchy interest;
b
“Crown land” means land in which there is a Crown interest or a Duchy interest;
c
“Crown interest” means an interest belonging to Her Majesty in right of the Crown or belonging to a government department or held in trust for Her Majesty for the purposes of a government department;
d
“Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall; and
e
“appropriate authority” in relation to Crown land shall be determined in accordance with section 293(2) of the M7Town and Country Planning Act 1990.
F37Offences by corporations
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F3623
1
Where an offence under this Schedule which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
a
a director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of that offence and liable to be proceeded against accordingly.
2
Where the affairs of a body corporate are managed by its members, this paragraph shall apply in relation to acts and defaults of a member in connection with his functions of management as if he were a director of a body corporate.
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4