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Anti-social Behaviour Bill


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

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each of the caravans on a relevant caravan site which is situated in the

local authority’s area.

           (6)           In this section—

                                  “caravan” and “caravan site” have the same meanings as in Part 1

of the Caravan Sites and Control of Development Act 1960;

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                                  “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

                        (b)                        managed by a relevant site manager;

                                  “relevant site manager” means—

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                        (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

landlord under Chapter 1 of Part 1 of the Housing Act 1996.

           (7)           The Secretary of State may by order amend the definition of “relevant

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site manager” in subsection (6) by adding a person or description of

person.

           (8)           An order under subsection (7) must be made by statutory instrument

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

of Parliament.”

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 68    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—

       “62B Failure to comply with direction under section 62A: offences

           (1)           A person commits an offence if he knows that a direction under section

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62A(1) has been given which applies to him and—

                  (a)                 he fails to leave the relevant land as soon as reasonably

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

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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)           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

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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

warrant.

           (5)           In proceedings for an offence under this section it is a defence for the

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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

                  (b)                 that he had a reasonable excuse—

 

 

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

    53

 

                        (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

there, or

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                  (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.”

 69    Failure to comply with direction: seizure

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

(inserted by section 62) insert—

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       “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—

                  (a)                 failed to remove any vehicle on the relevant land which appears

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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

with the intention of residing there.

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           (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)”

insert “, 62C(3)”.

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 70    Common land: modifications

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

by section 63) insert—

       “62D Common land: modifications

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

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with these modifications.

           (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.

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           (3)           References to the occupier—

                  (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—

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                  (a)                 require action by more than one occupier, or

 

 

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

    54

 

                  (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.”

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 71    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

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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

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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

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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

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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

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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

relevant land is situated.

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           (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.”

 

 

Anti-social Behaviour Bill
Part 9 — High hedges

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Part 9

High hedges

Introductory

 72    Complaints to which this Part applies

     (1)    This Part applies to a complaint which—

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           (a)           is made for the purposes of this Part by an owner or occupier of a

domestic property; and

           (b)           alleges that his reasonable enjoyment of that property is being

adversely affected by the height of a high hedge situated on land

owned or occupied by another person.

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     (2)    This Part also applies to a complaint which—

           (a)           is made for the purposes of this Part by an owner of a domestic

property that is for the time being unoccupied, and

           (b)           alleges that the reasonable enjoyment of that property by a prospective

occupier of that property would be adversely affected by the height of

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a high hedge situated on land owned or occupied by another person,

                   as it applies to a complaint falling within subsection (1).

     (3)    In relation to a complaint falling within subsection (2), references in sections 75

and 76 to the effect of the height of a high hedge on the complainant’s

reasonable enjoyment of a domestic property shall be read as references to the

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effect that it would have on the reasonable enjoyment of that property by a

prospective occupier of the property.

     (4)    This Part does not apply to complaints about the effect of the roots of a high

hedge.

     (5)    In this Part, in relation to a complaint —

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                    “complainant” means—

                  (a)                 a person by whom the complaint is made; or

                  (b)                 if every person who made the complaint ceases to be an owner

or occupier of the domestic property specified in the complaint,

any other person who is for the time being an owner or occupier

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of that property;

                    and references to the complainant include references to one or more of the

complainants;

                    “the neighbouring land” means the land on which the high hedge is

situated; and

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                    “the relevant authority” means the local authority in whose area that land

is situated.

 73    High hedges

     (1)    In this Part “high hedge” means so much of a barrier to light or access as—

           (a)           is formed wholly or predominantly by a line of two or more evergreens;

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and

           (b)           rises to a height of more than two metres above ground level.

 

 

Anti-social Behaviour Bill
Part 9 — High hedges

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     (2)    For the purposes of subsection (1) a line of evergreens is not to be regarded as

forming a barrier to light or access if the existence of gaps significantly affects

its overall effect as such a barrier at heights of more than two metres above

ground level.

     (3)    In this section “evergreen” means an evergreen tree or shrub or a semi-

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evergreen tree or shrub.

 74    Domestic property

     (1)    In this Part “domestic property” means—

           (a)           a dwelling; or

           (b)           a garden or yard which is used and enjoyed wholly or mainly in

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connection with a dwelling.

     (2)    In subsection (1) “dwelling” means any building or part of a building occupied,

or intended to be occupied, as a separate dwelling.

     (3)    A reference in this Part to a person’s reasonable enjoyment of domestic

property includes a reference to his reasonable enjoyment of a part of the

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property.

Complaints procedure

 75    Procedure for dealing with complaints

     (1)    This section has effect where a complaint to which this Part applies—

           (a)           is made to the relevant authority; and

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           (b)           is accompanied by such fee (if any) as the authority may determine.

     (2)    If the authority consider—

           (a)           that the complainant has not taken all reasonable steps to resolve the

matters complained of without proceeding by way of such a complaint

to the authority, or

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           (b)           that the complaint is frivolous or vexatious,

                   the authority may decide that the complaint should not be proceeded with.

     (3)    If the authority do not so decide, they must decide—

           (a)           whether the height of the high hedge specified in the complaint is

adversely affecting the complainant’s reasonable enjoyment of the

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domestic property so specified; and

           (b)           if so, what action (if any) should be taken in relation to that hedge, in

pursuance of a remedial notice under section 76, with a view to

remedying the adverse effect or preventing its recurrence.

     (4)    If the authority decide under subsection (3) that action should be taken as

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mentioned in paragraph (b) of that subsection, they must as soon as is

reasonably practicable—

           (a)           issue a remedial notice under section 76 implementing their decision;

           (b)           send a copy of that notice to the following persons, namely—

                  (i)                 every complainant; and

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                  (ii)                every owner and every occupier of the neighbouring land; and

           (c)           notify each of those persons of the reasons for their decision.

 

 

Anti-social Behaviour Bill
Part 9 — High hedges

    57

 

     (5)    If the authority—

           (a)           decide that the complaint should not be proceeded with, or

           (b)           decide either or both of the issues specified in subsection (3) otherwise

than in the complainant’s favour,

                   they must as soon as is reasonably practicable notify the appropriate person or

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persons of any such decision and of their reasons for it.

     (6)    For the purposes of subsection (5)—

           (a)           every complainant is an appropriate person in relation to a decision

falling within paragraph (a) or (b) of that subsection; and

           (b)           every owner and every occupier of the neighbouring land is an

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appropriate person in relation to a decision falling within paragraph (b)

of that subsection.

     (7)    A fee determined under subsection (1)(b) must not exceed the amount

prescribed in regulations made—

           (a)           in relation to complaints relating to hedges situated in England, by the

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Secretary of State; and

           (b)           in relation to complaints relating to hedges situated in Wales, by the

National Assembly for Wales.

     (8)    A fee received by a local authority by virtue of subsection (1)(b) may be

refunded by them in such circumstances and to such extent as they may

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determine.

 76    Remedial notices

     (1)    For the purposes of this Part a remedial notice is a notice—

           (a)           issued by the relevant authority in respect of a complaint to which this

Part applies; and

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           (b)           stating the matters mentioned in subsection (2).

     (2)    Those matters are—

           (a)           that a complaint has been made to the authority under this Part about

a high hedge specified in the notice which is situated on land so

specified;

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           (b)           that the authority have decided that the height of that hedge is

adversely affecting the complainant’s reasonable enjoyment of the

domestic property specified in the notice;

           (c)           the initial action that must be taken in relation to that hedge before the

end of the compliance period;

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           (d)           any preventative action that they consider must be taken in relation to

that hedge at times following the end of that period while the hedge

remains on the land; and

           (e)           the consequences under sections 82 and 84 of a failure to comply with

the notice.

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     (3)    The action specified in a remedial notice is not to require or involve—

           (a)           a reduction in the height of the hedge to less than two metres above

ground level; or

           (b)           the removal of the hedge.

     (4)    A remedial notice shall take effect on its operative date.

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Anti-social Behaviour Bill
Part 9 — High hedges

    58

 

     (5)    “The operative date” of a remedial notice is such date (falling at least 28 days

after that on which the notice is issued) as is specified in the notice as the date

on which it is to take effect.

     (6)    “The compliance period” in the case of a remedial notice is such reasonable

period as is specified in the notice for the purposes of subsection (2)(c) as the

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period within which the action so specified is to be taken; and that period shall

begin with the operative date of the notice.

     (7)    Subsections (4) to (6) have effect in relation to a remedial notice subject to—

           (a)           the exercise of any power of the relevant authority under section 77;

and

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           (b)           the operation of sections 78 to 80 in relation to the notice.

     (8)    While a remedial notice has effect, the notice—

           (a)           shall be a local land charge; and

           (b)           shall be binding on every person who is for the time being an owner or

occupier of the land specified in the notice as the land where the hedge

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in question is situated.

     (9)    In this Part—

                    “initial action” means remedial action or preventative action, or both;

                    “remedial action” means action to remedy the adverse effect of the height

of the hedge on the complainant’s reasonable enjoyment of the

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domestic property in respect of which the complaint was made; and

                    “preventative action” means action to prevent the recurrence of the

adverse effect.

 77    Withdrawal or relaxation of requirements of remedial notices

     (1)    The relevant authority may—

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           (a)           withdraw a remedial notice issued by them; or

           (b)           waive or relax a requirement of a remedial notice so issued.

     (2)    The powers conferred by this section are exercisable both before and after a

remedial notice has taken effect.

     (3)    Where the relevant authority exercise the powers conferred by this section,

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they must give notice of what they have done to—

           (a)           every complainant; and

           (b)           every owner and every occupier of the neighbouring land.

     (4)    The withdrawal of a remedial notice does not affect the power of the relevant

authority to issue a further remedial notice in respect of the same hedge.

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Appeals

 78    Appeals against remedial notices and other decisions of relevant authorities

     (1)    Where the relevant authority—

           (a)           issue a remedial notice,

           (b)           withdraw such a notice, or

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           (c)           waive or relax the requirements of such a notice,

 

 

 
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