Citation, commencement and extent

1.—(1) These Regulations may be cited as the Infrastructure Planning (Rights of Entry Notice) Regulations 2026 and come into force on 24th July 2026.

(2) These Regulations extend to England and Wales and (subject to paragraph (3)) to Scotland.

(3) These Regulations extend to Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipeline—

(a)one end of which is in England or Wales, and

(b)the other end of which is in Scotland.

Interpretation

2. In these Regulations—

“ the Act ” means the Planning Act 2008 ;

“ development consent ” means consent required for development to the extent that it is or forms part of a nationally significant infrastructure project in accordance with section 31 of the Act( 2 );

“ the relevant land ” means the land which it is proposed will be subject to entry in exercise of the right under section 53(1) of the Act—

“ the rights of entry notice ” means a notice given to the owner or occupier of the relevant land in accordance with section 53(4)(b) of the Act.

Rights of entry notice: Prescribed information

3.—(1) The rights of entry notice must include—

(a)the name and address (including any number or address used for the purposes of electronic transmission) of the authorised person(4);

(b)a description of the relevant land;

(c)a statement that the entry is required in connection with—

(i)an application for an order granting development consent, whether in relation to the relevant land or any other land, that has been accepted by the Secretary of State,

(ii)a proposed application for an order granting development consent, or

(iii)an order granting development consent that includes provision authorising the compulsory acquisition of the relevant land or of an interest in it or a right over it;

(d)where an application for an order granting development consent has been accepted, the date the application was accepted and reference number of the application;

(e)where an order has been made granting development consent—

(i)the date the order was made,

(ii)any Statutory Instrument number, and

(iii)the provision in that order authorising the compulsory acquisition of the relevant land;

(f)where the entry is in connection with a proposed application, a statement with evidence showing that the proposed applicant intends to apply for an order granting development consent;

(g)a statement that the entry is in accordance with section 53(1) of the Act(5);

(h)details of the dates, times and duration of any entry;

(i)a statement that the authorised person has taken reasonable steps to contact the owner or occupier of the relevant land;

(j)a statement of the recipient’s rights under section 53(7) of the Act;

(k)a statement that it is an offence to wilfully obstruct a person acting in the exercise of the rights under section 53(1) of the Act;

(l)a statement that a justice of the peace may issue a warrant authorising a person to use force to exercise the rights under section 53(1) of the Act, if satisfied—

(i)that another person has prevented or is likely to prevent the exercise of that power, and

(ii)that it is reasonable to use force in the exercise of that power.

(2) The rights of entry notice must be accompanied by—

(a)where applicable, a copy of the order granting development consent;

(b)a plan showing the relevant land, including points of entry;

(c)where applicable, a copy of any warrant obtained under section 53(4B) of the Act(6);

(d)evidence showing that the authorised person has taken reasonable steps to contact the owner or occupier of the relevant land.