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(11) This subsection applies to any relevant Crown land which is occupied | |
for naval, military or air force purposes. | |
(12) This subsection applies to any relevant land of a statutory undertaker | |
in relation to which the Secretary of State has specified, by order, that it | |
is requisite or expedient that, in the national interest, subsection (9) | 5 |
above should not apply.” | |
(2) The reference to the Environmental Protection Act 1990 (c. 43) in Schedule 1 to | |
the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/ | |
672) is to be treated as referring to that Act as amended by this section. | |
Part 8 | 10 |
Public order and trespass | |
Public order | |
59 Public assemblies | |
In section 16 of the Public Order Act 1986 (c. 64) (which defines “public | |
assembly” for the purposes of the power in section 14 of that Act to impose | 15 |
conditions on public assemblies), in the definition of “public assembly” for “20” | |
substitute “2”. | |
Trespass | |
60 Aggravated trespass | |
(1) The Criminal Justice and Public Order Act 1994 (c. 33) is amended as follows. | 20 |
(2) In section 68 (offence of aggravated trespass), in subsection (1) (which defines | |
the offence by reference to trespass on land in the open air and lawful activity | |
on land in the open air) omit “in the open air” in both places where those words | |
appear. | |
(3) In section 69 (powers to remove persons committing or participating in | 25 |
aggravated trespass), in subsection (1) (which confers the power by reference | |
to trespass on land in the open air) omit “in the open air” in both places where | |
those words appear. | |
61 Power to remove trespassers: alternative site available | |
After section 62 of the Criminal Justice and Public Order Act 1994 insert— | 30 |
“62A Power to remove trespassers: alternative site available | |
(1) If the senior police officer present at a scene reasonably believes that the | |
conditions in subsection (2) are satisfied in relation to a person and | |
land, he may direct the person— | |
(a) to leave the land; | 35 |
(b) to remove any vehicle and other property he has with him on | |
the land. | |
(2) The conditions are— | |
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(a) that the person and one or more others (“the trespassers”) are | |
trespassing on the land; | |
(b) that the trespassers have between them at least one vehicle on | |
the land; | |
(c) that the trespassers are present on the land with the common | 5 |
purpose of residing there for any period; | |
(d) if it appears to the officer that the person has one or more | |
caravans in his possession or under his control on the land, that | |
there is a pitch on a relevant caravan site for that caravan or each | |
of those caravans; | 10 |
(e) that the occupier of the land or a person acting on his behalf has | |
asked the police to remove the trespassers from the land. | |
(3) A direction under subsection (1) may be communicated to the person | |
to whom it applies by any constable at the scene. | |
(4) In this section— | 15 |
“caravan” and “caravan site” have the same meanings as in Part 1 | |
of the Caravan Sites and Control of Development Act 1960; | |
“relevant caravan site” means a caravan site which is— | |
(a) situated in the area of a local authority within whose | |
area the land is situated, and | 20 |
(b) managed by a relevant site manager; | |
“relevant site manager” means— | |
(a) a local authority within whose area the land is situated; | |
(b) a registered social landlord; | |
“registered social landlord” means a body registered as a social | 25 |
landlord under Chapter 1 of Part 1 of the Housing Act 1996. | |
(5) The Secretary of State may by order amend the definition of “relevant | |
site manager” in subsection (4) by adding a person or description of | |
person. | |
(6) An order under subsection (5) must be made by statutory instrument | 30 |
and is subject to annulment in pursuance of a resolution of either House | |
of Parliament.” | |
62 Failure to comply with direction: offences | |
After section 62A of the Criminal Justice and Public Order Act 1994 (c. 33) | |
(inserted by section (61)) insert— | 35 |
“62B Failure to comply with direction under section 62A: offences | |
(1) A person commits an offence if he knows that a direction under section | |
62A(1) has been given which applies to him and— | |
(a) he fails to leave the relevant land as soon as reasonably | |
practicable, or | 40 |
(b) he enters any land in the area of the relevant local authority as | |
a trespasser before the end of the relevant period with the | |
intention of residing there. | |
(2) The relevant period is the period of 3 months starting with the day on | |
which the direction is given. | 45 |
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(3) A person guilty of an offence under this section is liable on summary | |
conviction to imprisonment for a term not exceeding 3 months or a fine | |
not exceeding level 4 on the standard scale or both. | |
(4) A constable in uniform who reasonably suspects that a person is | |
committing an offence under this section may arrest him without a | 5 |
warrant. | |
(5) In proceedings for an offence under this section it is a defence for the | |
accused to show— | |
(a) that he was not trespassing on the land in respect of which he is | |
alleged to have committed the offence, or | 10 |
(b) that he had a reasonable excuse— | |
(i) for failing to leave the relevant land as soon as | |
reasonably practicable, or | |
(ii) for entering land in the area of the relevant local | |
authority as a trespasser with the intention of residing | 15 |
there, or | |
(c) that, at the time the direction was given, he was under the age | |
of 18 years and was residing with his parent or guardian.” | |
63 Failure to comply with direction: seizure | |
(1) After section 62B of the Criminal Justice and Public Order Act 1994 (c. 33) | 20 |
(inserted by section (62)) insert— | |
“62C Failure to comply with direction under section 62A: seizure | |
(1) This section applies if a direction has been given under section 62A(1) | |
and a constable reasonably suspects that a person to whom the | |
direction applies has, without reasonable excuse— | 25 |
(a) failed to remove any vehicle on the relevant land which appears | |
to the constable to belong to him or to be in his possession or | |
under his control; or | |
(b) entered any land in the area of the relevant local authority as a | |
trespasser with a vehicle before the end of the relevant period | 30 |
with the intention of residing there. | |
(2) The relevant period is the period of 3 months starting with the day on | |
which the direction is given. | |
(3) The constable may seize and remove the vehicle.” | |
(2) In section 67(1) (retention and charges for seized vehicles) after “section 62(1)” | 35 |
insert “, 62C(3)”. | |
64 Common land: modifications | |
After section 62C of the Criminal Justice and Public Order Act 1994 (inserted | |
by section (63)) insert— | |
“62D Common land: modifications | 40 |
(1) In their application to common land sections 62A to 62C have effect | |
with these modifications. | |
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(2) References to trespassing and trespassers have effect as if they were | |
references to acts, and persons doing acts, which constitute— | |
(a) a trespass as against the occupier, or | |
(b) an infringement of the commoners’ rights. | |
(3) References to the occupier— | 5 |
(a) in the case of land to which the public has access, include the | |
local authority and any commoner; | |
(b) in any other case, include the commoners or any of them. | |
(4) Subsection (1) does not— | |
(a) require action by more than one occupier, or | 10 |
(b) constitute persons trespassers as against any commoner or the | |
local authority if they are permitted to be there by the other | |
occupier. | |
(5) In this section “common land”, “commoner” and “the local authority” | |
have the meanings given by section 61.” | 15 |
65 Interpretation | |
After section 62D of the Criminal Justice and Public Order Act 1994 (c. 33) | |
(inserted by section (64)) insert— | |
“62E Sections 62A to 62D: interpretation | |
(1) Subsections (2) to (8) apply for the interpretation of sections 62A to 62D | 20 |
and this section. | |
(2) “Land” does not include buildings other than— | |
(a) agricultural buildings within the meaning of paragraphs 3 to 8 | |
of Schedule 5 to the Local Government Finance Act 1988, or | |
(b) scheduled monuments within the meaning of the Ancient | 25 |
Monuments and Archaeological Areas Act 1979. | |
(3) “Local authority” means— | |
(a) in Greater London, a London borough or the Common Council | |
of the City of London; | |
(b) in England outside Greater London, a county council, a district | 30 |
council or the Council of the Isles of Scilly; | |
(c) in Wales, a county council or a county borough council. | |
(4) “Occupier”, “trespass”, “trespassing” and “trespasser” have the | |
meanings given by section 61 in relation to England and Wales. | |
(5) “The relevant land” means the land in respect of which a direction | 35 |
under section 62A(1) is given. | |
(6) “The relevant local authority” means— | |
(a) if the relevant land is situated in the area of more than one local | |
authority (but is not in the Isles of Scilly), the district council or | |
county borough council within whose area the relevant land is | 40 |
situated; | |
(b) if the relevant land is situated in the Isles of Scilly, the Council | |
of the Isles of Scilly; | |
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(c) in any other case, the local authority within whose area the | |
relevant land is situated. | |
(7) “Vehicle” has the meaning given by section 61. | |
(8) A person may be regarded as having a purpose of residing in a place | |
even if he has a home elsewhere.” | 5 |
Part 9 | |
General | |
66 Repeals | |
Schedule 3 contains repeals. | |
67 Commencement | 10 |
(1) Except as provided in subsection (2), the preceding provisions of this Act | |
(other than subsections (8) to (10) of section 37) come into force in accordance | |
with provision made by the Secretary of State by order. | |
(2) Part 2 and sections 19 to 22, 24(1), 46 to 51, 53, 57 and 58— | |
(a) so far as relating to England, come into force in accordance with | 15 |
provision made by the Secretary of State by order; | |
(b) so far as relating to Wales, come into force in accordance with provision | |
made by the National Assembly for Wales by order. | |
68 Orders and regulations | |
(1) References in this section to subordinate legislation are to— | 20 |
(a) an order of the Secretary of State or the National Assembly for Wales | |
under this Act; | |
(b) regulations under this Act. | |
(2) Subordinate legislation— | |
(a) may make different provision for different purposes and different | 25 |
areas; | |
(b) may include incidental, supplemental, consequential, saving or | |
transitional provisions. | |
(3) A power to make subordinate legislation is exercisable by statutory | |
instrument. | 30 |
(4) A statutory instrument is subject to annulment in pursuance of a resolution of | |
either House of Parliament if it contains subordinate legislation made by the | |
Secretary of State other than an order under section 67. | |
69 Money | |
There shall be paid out of money provided by Parliament any increase | 35 |
attributable to this Act in the sums payable out of money so provided under | |
any other enactment. | |
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