HEALTH AND PERSONAL SOCIAL SERVICES (NORTHERN IRELAND) ORDER 1972

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HEALTH AND PERSONAL SOCIAL SERVICES (NORTHERN IRELAND) ORDER 1972 - SECT 49



49.(1) A person authorised in writing by the Ministry (in this Article and in
Article 50 referred to as an "authorised person") may, on production if
required of his credentials, at any reasonable time enter any land for the
purpose of survey, valuation or examination

(a)where the Ministry proposes to acquire the land otherwise than by
agreement, or

(b)where it appears to the Ministry that survey, valuation or examination is
necessary in order to determine whether any functions of the Ministry under
Article 48 should be exercised on or with respect to the land.

(2) A power of entry under paragraph (1) shall not be exercisable in relation
to any land except

(a)with consent given by the occupier of the land; or

(b)after at least twenty-four hours' notice of the intended entry has been
served on the occupier or owner of the land.

(3) If any person, other than the owner or occupier of the land, knowingly
prevents an authorised person from carrying out anything which the authorised
person is duly authorised to do or obstructs the authorised person in carrying
out any such thing, he shall be guilty of an offence and shall be liable on
summary conviction to a fine not exceeding #20.

(4) If any person, being the owner or occupier of land, knowingly prevents an
authorised person from duly carrying into effect any survey, valuation or
examination of such land or obstructs the authorised person in doing any such
survey, valuation or examination, a court of summary jurisdiction on proof
thereof may order him to permit to be done on the land all things requisite
for carrying into effect such survey, valuation or examination; and, if he
fails to comply with the order, he shall be guilty of an offence and shall,
for every day during which the failure continues, be liable on summary
conviction to a fine not exceeding #20.

(5) Where under this Article an authorised person enters any land, he shall
ensure that the land is not left less secure by reason of the entry, and the
Ministry shall make good or pay compensation for any damage to property caused
by, or in consequence of, the authorised person exercising any right or
failing to perform any duty under this Article.

(6) Any question of disputed compensation under this Article shall be referred
to and determined by the Lands Tribunal.

(7) Any reference in this Article to an occupier or to an owner shall be
construed as including a reference to a person appointed in writing by the
occupier or owner as his representative for purposes including all or any of
the purposes of this Article.

(8) Any power conferred by this Article shall be construed as including power
to search and bore for the purpose of ascertaining the course of any sewers or
drains or of ascertaining the nature of the subsoil therein and to take and
carry away for examination specimens of the subsoil found therein.

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Northern Irish Legislation

HEALTH AND PERSONAL SOCIAL SERVICES (NORTHERN IRELAND) ORDER 1972 - SECT 49