PART 5SUPPLEMENTAL POWERS
Authority to survey and investigate the land
article 38 38.—(1) The undertaker may for the purposes of this Order enter on any land shown within the Order limits or which may be affected by the authorised development and—
article 38 1 a (a)survey or investigate the land;
article 38 1 b (b)without prejudice to the generality of sub-paragraph (a), make trial holes or boreholes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;
article 38 1 c (c)without prejudice to the generality of sub-paragraph (a), carry out ecological or archaeological investigations on such land; and
article 38 1 d (d)place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes and boreholes.
(2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land.
(3) Any person entering land under this article on behalf of the undertaker—
article 38 3 a (a)must, if so required on entering the land, produce written evidence of their authority to do so; and
article 38 3 b (b)may take with them such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes and boreholes.
(4) No trial holes or boreholes are to be made under this article—
article 38 4 a (a)in land located within the highway boundary without the consent of the highway authority; or
article 38 4 b (b)in a private street without the consent of the street authority.
(5) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
(6) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to entry onto, or possession of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.