2(1)A person authorised in writing by a universal service provider may, at any reasonable time, enter upon and survey any land for the purpose of ascertaining whether the land would be suitable for use for any purpose in connection with the provision of a universal postal service.U.K.
(2)The power to survey land conferred by this paragraph includes power to search and bore for the purpose of ascertaining the nature of the subsoil.
[F1(2A)A person may not be authorised under sub-paragraph (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).]
(3)The powers conferred by this paragraph shall not be exercisable in relation to land which is covered by a building or will be so covered on the assumption that any planning permission which is in force is acted on.
(4)In this paragraph “building” includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with a building.
Textual Amendments
F1Sch. 6 para. 2(2A) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 14 para. 26; S.I. 2016/733, reg. 3(h) (with reg. 6)
3(1)A person authorised to enter upon any land under paragraph 2 shall not demand to do so as of right unless—U.K.
(a)28 days notice of the intended entry has been given to the occupier, and
(b)if required to do so, he has produced evidence of his authority and has stated the purpose of his entry.
(2)No person may carry out works authorised by paragraph 2(2) unless notice of the proposed works was included in the notice given under sub-paragraph (1).
(3)If the land in question is held by statutory undertakers and they object to the works on the ground that the carrying out of the works would be seriously detrimental to the carrying on of their undertaking, the authority of the appropriate Minister shall be required for the carrying out of works authorised by paragraph 2(2).
(4)In sub-paragraph (3) as it relates to England and Wales—
“appropriate Minister” means the person indicated by section 265 of the M1Town and Country Planning Act 1990,
“statutory undertakers” means any persons who, by virtue of section 262 of the M2Town and Country Planning Act 1990, are or are treated as statutory undertakers for the purposes of that Act or any provision of that Act.
(5)In that sub-paragraph as it relates to Scotland—
“appropriate Minister” means—
in relation to any function which, by virtue of section 53 of the M3Scotland Act 1998, is exercisable by them as the appropriate Minister within the meaning of section 217 of the M4Town and Country Planning (Scotland) Act 1997, the Scottish Ministers,
in any other case, the Minister indicated by that section,
“statutory undertakers” means any persons who, by virtue of section 214 of the M5Town and Country Planning (Scotland) Act 1997, are or are treated as statutory undertakers for the purposes of that Act or any provision of that Act.
and this sub-paragraph has effect notwithstanding the repeal of section 217 of the M6Town and Country Planning (Scotland) Act 1997 by paragraph 127(3) of Schedule 2 to the M7Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999.
(6)In that sub-paragraph as it relates to Northern Ireland—
“appropriate Minister” means—
in relation to a statutory undertaker carrying on any railway, road transport or dock or harbour undertaking or the airport operator (within the meaning of the M8Airports (Northern Ireland) Order 1994) of any airport to which Article 25 of that Order applies, the Minister for Regional Development,
in relation to a statutory undertaker carrying on any water transport or inland navigation, the Minister of Culture, Arts and Leisure,
in any other case, the Minister of Enterprise, Trade and Investment,
“statutory undertaker” has the same meaning as in [F2section 250(1) of the Planning Act (Northern Ireland) 2011].
Textual Amendments
F2Words in Sch. 6 para. 3(6) substituted (N.I.) (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in force) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 92 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2)
Marginal Citations
4(1)Any person who intentionally obstructs a person acting in the exercise of any power conferred by paragraph 2 shall be guilty of an offence.U.K.
(2)A person who commits an offence under sub-paragraph (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5(1)If in the exercise of any power conferred by paragraph 2 any damage is caused to land or moveables, any person interested in the land or moveables may recover compensation in respect of that damage from the universal service provider on whose behalf the power is exercised; and if in consequence of the exercise of such a power a person is disturbed in his enjoyment of any land or moveables, he may recover compensation from the universal service provider in respect of that disturbance.U.K.
(2)In relation to England and Wales, any question of disputed compensation under sub-paragraph (1) shall be referred to and determined by the [F3Upper Tribunal]; and [F4section] 4 of the M9Land Compensation Act 1961 shall apply in relation to the determination subject to any necessary modifications.
(3)In relation to Scotland, any question of disputed compensation under sub-paragraph (1) shall be referred to and determined by the Lands Tribunal for Scotland; and sections 9 and 11 of the M10Land Compensation (Scotland) Act 1963 shall apply in relation to the determination subject to any necessary modifications.
(4)In relation to Northern Ireland, any question of disputed compensation under sub-paragraph (1) shall be referred to and determined by the Lands Tribunal for Northern Ireland; and the determination shall be deemed to be a determination to which section 31 of the M11Land Development Values (Compensation) Act (Northern Ireland) 1965 applies.
(5)In this paragraph “moveables” means—
(a)in relation to England and Wales and Northern Ireland, chattels, and
(b)in relation to Scotland, corporeal moveables.
Textual Amendments
F3Words in Sch. 6 para. 5(2) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 267(a) (with Sch. 5)
F4Word in Sch. 6 para. 5(2) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 267(b) (with Sch. 5)
Marginal Citations