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Anti-social Behaviour Bill


Anti-social Behaviour Bill
Part 8 — Public order and trespass

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 65    Power to remove trespassers: alternative site available

After section 62 of the Criminal Justice and Public Order Act 1994 insert—

       “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

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land, he may direct the person—

                  (a)                 to leave the land;

                  (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

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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;

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                  (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—

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                                  “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

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                        (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

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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

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and is subject to annulment in pursuance of a resolution of either House

of Parliament.”

 66    Failure to comply with direction: offences

After section 62A of the Criminal Justice and Public Order Act 1994 (c. 33)

 

 

Anti-social Behaviour Bill
Part 8 — Public order and trespass

    51

 

(inserted by section 61) insert—

       “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

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practicable, or

                  (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

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which the direction is given.

           (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

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committing an offence under this section may arrest him without a

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

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alleged to have committed the offence, or

                  (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

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authority as a trespasser with the intention of residing

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.”

 67    Failure to comply with direction: seizure

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     (1)    After section 62B of the Criminal Justice and Public Order Act 1994 (c. 33)

(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

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direction applies has, without reasonable excuse—

                  (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

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trespasser with a vehicle 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.

           (3)           The constable may seize and remove the vehicle.”

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Anti-social Behaviour Bill
Part 8 — Public order and trespass

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     (2)    In section 67(1) (retention and charges for seized vehicles) after “section 62(1)”

insert “, 62C(3)”.

 68    Common land: modifications

After section 62C of the Criminal Justice and Public Order Act 1994 (inserted

by section 63) insert—

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       “62D Common land: modifications

           (1)           In their application to common land sections 62A to 62C have effect

with these modifications.

           (2)           References to trespassing and trespassers have effect as if they were

references to acts, and persons doing acts, which constitute—

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                  (a)                 a trespass as against the occupier, or

                  (b)                 an infringement of the commoners’ rights.

           (3)           References to the occupier—

                  (a)                 in the case of land to which the public has access, include the

local authority and any commoner;

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                  (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

                  (b)                 constitute persons trespassers as against any commoner or the

local authority if they are permitted to be there by the other

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occupier.

           (5)           In this section “common land”, “commoner” and “the local authority”

have the meanings given by section 61.”

 69    Interpretation

After section 62D of the Criminal Justice and Public Order Act 1994 (c. 33)

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(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

and this section.

           (2)           “Land” does not include buildings other than—

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                  (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

Monuments and Archaeological Areas Act 1979.

           (3)           “Local authority” means—

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                  (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

council or the Council of the Isles of Scilly;

                  (c)                 in Wales, a county council or a county borough council.

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           (4)           “Occupier”, “trespass”, “trespassing” and “trespasser” have the

meanings given by section 61 in relation to England and Wales.

 

 

Anti-social Behaviour Bill
Part 9 — General

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           (5)           “The relevant land” means the land in respect of which a direction

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

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county borough council within whose area the relevant land is

situated;

                  (b)                 if the relevant land is situated in the Isles of Scilly, the Council

of the Isles of Scilly;

                  (c)                 in any other case, the local authority within whose area the

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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.”

Part 9

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General

 70    Repeals

Schedule 3 contains repeals.

 71    Commencement

     (1)    Except as provided in subsection (2), the preceding provisions of this Act

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(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 to 58, 60 and 61

           (a)           so far as relating to England, come into force in accordance with

provision made by the Secretary of State by order;

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           (b)           so far as relating to Wales, come into force in accordance with provision

made by the National Assembly for Wales by order.

 72    Orders and regulations

     (1)    References in this section to subordinate legislation are to—

           (a)           an order of the Secretary of State or the National Assembly for Wales

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under this Act;

           (b)           regulations under this Act.

     (2)    Subordinate legislation—

           (a)           may make different provision for different purposes and different

areas;

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           (b)           may include incidental, supplemental, consequential, saving or

transitional provisions.

     (3)    A power to make subordinate legislation is exercisable by statutory

instrument.

 

 

Anti-social Behaviour Bill
Part 9 — General

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     (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 71.

 73    Money

There shall be paid out of money provided by Parliament any increase

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attributable to this Act in the sums payable out of money so provided under

any other enactment.

 74    Extent

     (1)    Parts 1 to 5, 7 and 8 extend to England and Wales only.

     (2)    Part 6 and this Part do not extend to Northern Ireland.

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 75    Short title

This Act may be cited as the Anti-social Behaviour Act 2003.

 

 

 
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