46The power of entry, generally

46. The power of entry, generally

(1) In this section, a reference to a power of entry, and cognate expressions, includes a reference to the power of an energy operator to carry out the works or perform the duties and exercise the powers necessary to achieve the purpose for which entry on the land, premises or thing affected is sought, and to occupy that land for those purposes.

(2) Where due notice has been served upon the owner or occupier of that land, premises or thing an energy operator may for the purposes of this Act or any other Act that confers powers on the energy operator, including the purposes referred to in subsection (10), lawfully enter on to any land, premises or thing not under the control or management of the energy operator notwithstanding that the energy operator has not obtained the consent of the owner or occupier, but except as is otherwise provided in this Act such an entry shall not be lawful unless notice has been served or such consent has been obtained.

(3) The power of entry conferred by this section does not authorise or require an energy operator to acquire any interest in any land except such as —

(a) the energy operator elects to acquire by agreement; or

(b) the energy operator elects to lawfully take under Part 9 of the Land Administration Act 1997, as read with section 45; or

(c) the energy operator is required to acquire pursuant to section 176 of the Land Administration Act 1997.

(4) A notice required by this Act to be given in relation to any entry shall specify the purpose for which entry is required and shall continue to have effect for so long as that requirement subsists, and successive entries for that purpose shall be taken to be entries to which the notice relates.

(5) Where the power of entry is for any reason exercised without the prior service of a notice required under this Act, it shall be the duty of an energy operator to cause notice of the nature of the entry and of any other powers exercised to be given thereafter where that is practicable.

(6) A notice served pursuant to this section for the purposes of the exercise of the power of entry shall not be taken to have effect as a notice for any of the purposes for which a notice is required under Part 9 of the Land Administration Act 1997.

(7) Where it is shown to the satisfaction of a Justice of the Peace that entry on or into any land, premises or thing is reasonably required by an energy operator for the purpose of the performance of a function of the energy operator but that entry has been refused or the entry is opposed or prevented, or in any case where such land, premises or thing is unoccupied and access cannot be obtained or a notice required by this Act cannot be served without undue delay or difficulty, the justice may, by warrant in the form prescribed by regulations made under this Act, authorise the energy operator by its officers or servants, together with such other persons as are named in the warrant, or any police officer, to enter upon the land, premises or thing, using such force as may be necessary, for the purpose therein specified and any such warrant shall continue to have effect until the purpose for which it was granted has been satisfied.