25 Power of certain councils with respect to dangerous excavations

25  Power of certain councils with respect to dangerous excavations

(1)     Where a district council, a London borough council or the Common Council[, or a county or county borough council in Wales]—

(a)     considers that an excavation made at any time by some person on land in the area of the council is accessible to the public from a highway or a place of public resort and, by reason of its being unenclosed or inadequately enclosed, is a danger to the public; and

(b)     knows the name and address of no person appearing to the council to be an owner or occupier of the land on which it appears to the council that works to remove the danger should be carried out and either—

(i)     has made reasonable but unsuccessful enquiries for the purpose of ascertaining the name and address of such a person, or

(ii)     considers that in view of the imminence of the danger the delay involved in making enquiries or further enquiries about the name and address of such a person is unwarranted,

the council may carry out on the land mentioned in paragraph (b) of this subsection such works as appear to the council to be

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