Office of Public Sector Information
PART II continued
[F4(1A)The power conferred by subsection (1) to enter land for any purpose includes power to enter for the same purpose any land other than that referred to in subsection (1).
(1B)More than one person may be authorised for the time being under subsection (1) to enter any land.]
(2)In subsection (1) “the relevant authority” means—
(a)for the purposes of [F5paragraphs (a) to (ka)] of that subsection, [F6Natural England or the Countryside Council for Wales] ;
(b)for the purposes of [F7paragraph (l)] of that subsection, the Secretary of State or the relevant authority within the meaning of section 34;
(c)for the purposes of [F7paragraph (m)] of that subsection, F8. . . the [F9National Park authority].
[F10(2A)In subsection (1)—
“nature reserve agreement” has the same meaning as in Part 3 of the 1949 Act;
“SSSI agreement” has the same meaning as in section 15A of the 1968 Act.]
(3)A person shall not demand admission as of right to any land which is occupied unless either—
(a)24 hours notice of the intended entry has been given to the occupier; or
[F11(b)the purpose of the entry is to ascertain if an offence under section 28P, 34 or 42 is being, or has been, committed on or (as the case may be) in relation to that land.]]
[F12(3A)A person acting in the exercise of a power conferred by subsection (1) may—
(a)use a vehicle or a boat to enter the land;
(b)take a constable with him if he reasonably believes he is likely to be obstructed;
(c)take with him equipment and materials needed for the purpose for which he is exercising the power of entry;
(d)take samples of the land and of anything on it.
(3B)If in the exercise of a power conferred by subsection (1) a person enters land which is unoccupied or from which the occupier is temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.]
(4)Any person who intentionally obstructs a person acting in the exercise of any power conferred by subsection (1) shall be liable on summary conviction to a fine not exceeding [F13level 3 on the standard scale].
[F14(5)It is the duty of a relevant authority to compensate any person who has sustained damage as a result of—
(a)the exercise of a power conferred by subsection (1) by a person authorised to do so by that relevant authority, or
(b)the failure of a person so authorised to perform the duty imposed on him by subsection (3B),
except where the damage is attributable to the fault of the person who sustained it; and any dispute as to a person’s entitlement to compensation under this subsection or as to its amount shall be referred to an arbitrator to be appointed, in default of agreement, by the Secretary of State]]]
F1S. 51(1)(a)-(m) substituted for s. 51(1)(a)-(d) (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(2), 103(2)
F2Words in s. 51(1)(c)(h) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 95(2); S.I. 2006/2541, art. 2
F3S. 51(1)(ka) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 58(2), 107; S.I. 2006/2541, art. 2
F4S. 51(1A)(1B) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(3), 103(2)
F5Words in s. 51(2) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 58(3), 107; S.I. 2006/2541, art. 2
F6Words in s. 51(2)(a) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 95(3); S.I. 2006/2541, art. 2
F7Words in s. 51(2)(a)(b)(c) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(4)(a)(b)(c)
F8Words in s. 51(2)(c) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 63(6), 105(2), 107, Sch. 12; S.I. 2006/2541, art. 2
F9Words in s. 51(2)(c) substituted (1.4.1996) by virtue of 1995 c. 25, s. 78, Sch. 10 para. 22(5) (with ss. 7(6), 115, Sch. 8 para. 7); S.I. 1995/2950, art. 3(1)(2)
F10S. 51(2A) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 95(4); S.I. 2006/2541, art. 2
F11S. 51(3)(b) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(5), 103(2)
F12S. 51(3A)(3B) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(6), 103(2)
F13Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F14S. 51(5) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 80(7), 103(2)
C1S. 51 amended (E.W.) (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 11 para. 21
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 51 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 57, 59, Sch. 7 para. 4 (with transitional provisions and savings in Sch. 5 Pt. 2); S.S.I. 2004/495, art. 2
E1This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
(1)]Proceedings in England and Wales for a summary offence under this Part may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.
(2)But subsection (1) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed.
(3)For the purposes of this section, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.
(4)A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.]
F1S. 51A inserted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 53, 107, Sch. 6 para. 4; S.I. 2006/1382, art. 2
(1)In this Part, unless the context otherwise requires,—
“agricultural land” does not include land which affords rough grazing for livestock but is not otherwise used as agricultural land;
“the Ministers”, in the application of this Part to England, means the Secretary of State and the Minister of Agriculture, Fisheries and Food, and, in the application of this Part to Scotland or Wales, means the Secretary of State.
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3“notice” and “notification” mean notice or notification in writing;
“site of special scientific interest” means an area of land which has been notified under section 28(1)(b);]]
(2)[F4In the application of this Part to England (except as respects [F5a National Park for which a National Park authority is the local planning authority,] a metropolitan county or Greater London) F6. . . references to a local planning authority shall be construed—
F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)F8. . . as references to a county planning authority and a district planning authority;]
and in the application of this Part to Scotland references to a local planning authority shall be construed as references to a regional planning authority, a general planning authority and a district planning authority [F9and, in sections 28 to 28D, shall also be construed in accordance with section 28(10);].
[F10(2A)Where a notification under section 28(1)(b) has been—
(a)modified under section 28(5)(b),
(b)varied under section 28A(3), or
(c)varied with modifications under section 28A(5)(b),
(d)extended under section 28B(2), or
(e)extended with modifications by virtue of section 28B(7),
a reference to such a notification (however expressed) is (unless the context otherwise requires) a reference to the notification as thus altered.
(2B)References to a notification under section 28(1) or 28(5)(b), or to a local land charge existing by virtue of section 28(9), shall be construed in accordance with section 28C(9).
(2C)For the purposes of this Part, in relation to land in England and Wales which is common land, “occupier” includes the commoners or any of them; and
(a) “common land” means common land as defined in section 22 of the M1Commons Registration Act 1965; and
(b) “commoner” means a person with rights of common as defined in that section.]
(3)References in this Part to the conservation of the natural beauty of any land shall be construed as including references to the conservation of its flora, fauna and geological and physiographical features.
(4)Section 114 of the 1949 Act shall apply for the construction of this Part.
(5)F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 52(1): definition of “the Nature Conservancy Councils” repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 96, Sch. 12; S.I. 2006/2541, art. 2
F2Words in s. 52(1) repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 96, Sch. 12; S.I. 2006/2541, art. 2
F3S. 52(1): definitions of "notice", "notification" and "site of special scientific interest" inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 5(2)
F4Words and s. 52(2)(a)(b) substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 7, Sch. 3 para. 7(5)
F5Words in s. 52(2) inserted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 22(6) (with ss. 7(6), 115, Sch. 8 para. 7); S.I. 1996/2560, art. 3
F6Words in s. 52(2) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 65(6), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F7S. 52(2)(a) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 2
F8Words in s. 52(2)(b) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115); S.I. 1996/2560, art. 2
F9Words in s. 52(2) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 5(3)
F10S. 52(2A)-(2C) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 5(4)
F11S. 52(5) repealed (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(2), Sch. 2 (with art. 6)
C1S. 52(2) excluded (E.W.) (19.9.1995) by 1995 c. 25, ss. 69(2)(b), 125(2) (with ss. 7(6), 115, Sch. 8 para. 7)
M11965 c. 64.
Wildlife and Countryside Act 1981