C3PART 7Compulsory purchase etc
Right to enter and survey land
I1C2C1173Warrant authorising use of force to enter and survey land
1
A justice of the peace may issue a warrant authorising a person to use force in the exercise of the power conferred by section 172(1) if satisfied—
a
that another person has prevented or is likely to prevent the exercise of that power, and
b
that it is reasonable to use force in the exercise of that power.
2
The force that may be authorised by a warrant is limited to that which is reasonably necessary.
3
A warrant authorising the person to use force must specify the number of occasions on which the authority can rely on the warrant when entering and surveying or valuing land.
4
The number specified must be the number which the justice of the peace considers appropriate to achieve the purpose for which the entry and survey or valuation are required.
5
Any evidence in proceedings for a warrant under this section must be given on oath.
Pts. 6, 7: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)