Commentary on provisions of the Act Part 2: Exercise of powers of entry etc
Part 2 contains ancillary provisions as respects the powers of entry in Part 1 of the Schedule and provides safeguards subject to which the powers are to be exercised.
	Paragraph 12 applies to all the powers to enter land in Part 1, being the provisions set out in paragraph 12(1). The powers of entry are exercisable at any reasonable time and before entering the land the person exercising the right of entry must, if so required, produce evidence of authority to enter the land and state the purpose of entry. The person may take vehicles and equipment (including plant and machinery) on to the land and such other persons as may be necessary.
	Paragraph 13 provides additional safeguards in the case of entry onto residential land (which is defined by paragraph 13(6) and includes a house and its garden, grounds and outbuildings) and any non-residential buildings. In such cases, where entry is refused, the nominated undertaker or other person authorised to exercise the power of entry on behalf of the nominated undertaker cannot insist on entry unless authorised to do so by a warrant issued by justice of the peace.
	Under paragraph 13(2) a warrant must be issued if the justice of the peace is satisfied that the nominated undertaker is entitled to enter the residential land or building concerned and that admission has been refused or a refusal is reasonably apprehended.
	Paragraph 13(4) provides that the issue of a warrant does not remove any requirement under Schedule 1 to serve notice before exercising the power in question. Where no period of notice is provided as regards the right of entry at least 24 hours’ notice of the entry must be given (either before or after the issue of the warrant).
	The requirement under paragraph 13 to obtain a warrant does not apply to entry under paragraph 7(6) to carry out tree works specified in a tree works notice. In such a case other safeguards apply in that a person served with the tree works notice is entitled to serve a counter notice and the tree works notice cannot then take effect unless confirmed by an order of the county court.
	Paragraph 14(1) provides that compensation is payable to anyone who suffers loss as a result of the exercise of any power under paragraphs 1 to 4 of the Schedule, with disputes about such compensation to be determined under the Land Compensation Act 1961. Paragraph 14(2) provides that this does not affect any entitlement to compensation for injurious affection, other than for loss for which compensation is payable under paragraph 14(1).
	Paragraph 14(4) makes provision for the county court to order the nominated undertaker to pay compensation to a person who incurs expenses in complying with a tree works notice under paragraph 7(2) or who suffers any loss or damage in consequence of the carrying out of works required by a tree works notice.