(1)  A landholder of affected land over which extends, from other land, a branch, from a plant, that –

(a) is 2.5 metres or less above the ground level of the affected land; and

(b) extends at least 50 centimetres from the boundary of the affected land with the other land –

may give to the owner of the other land a notice in writing (a branch removal notice ).

(2)  A branch removal notice from an affected landholder to an owner of other land on which a plant with overhanging branches is situated must –

(a) specify a day by which the owner is required to ensure that the overhanging branches are removed from the affected land; and

(b) ask the owner to give to the affected landholder a notice for the purposes of this paragraph; and

(c) give the owner, and any person, acting on the owner's behalf, who is specified in a notice given under paragraph (b) , permission to enter the affected land between 8 a.m. and 5 p.m. on the day, specified in that notice in accordance with subsection (4)(b) , to sever and remove the branches.

(3)  The day specified, in accordance with subsection (2)(a) , in a notice under subsection (1) is not to be less than 30 days after the day on which the notice is given.

(4)  A person may, for the purposes of subsection (2)(b) , give a notice in writing specifying –

(a) the name of the person who will enter the affected land and sever and remove the branches; and

(b) the day on which the person will enter the affected land and sever and remove the branches.

(5)  The notice to be given for the purposes of subsection (2)(b) is to be given no later than 24 hours before the overhanging branches are to be removed from the affected land.

(6)  A notice given under subsection (1) is to be accompanied by –

(a) at least one written quotation stating the estimated cost of entering, severing and removing the branches; and

(b) a copy of this Part.

(7)  Subsection (6)(a) does not apply if the affected landholder and the owner of the other land have agreed that the branches are to be severed and removed without payment being required to be made to another person.

(8)  A permission, given in accordance with subsection (2)(c) in a notice under subsection (1) , to enter affected land does not include –

(a) permission to enter any dwelling situated on the affected land; or

(b) permission for a person who is not suitably qualified to carry out work on the land, unless the person giving the permission agrees.

(9)  A notice may not be given by an affected landholder under subsection (1) to an owner of land within the 12-month period after a day on which a previous notice was given by the affected landholder, under that subsection, to an owner of the land, in relation to overhanging branches of the same plant.

(10)  Subsection (9) does not apply in relation to a notice to a person if the person was not the owner of the land when the previous notice, referred to in that subsection, was given in relation to the land.