Office of Public Sector Information
PART V continued
After the section 14B inserted by section 70 in the [1986 c. 64.] Public Order Act 1986 there shall be inserted the following section—
(1) If a constable in uniform reasonably believes that a person is on his way to an assembly within the area to which an order under section 14A applies which the constable reasonably believes is likely to be an assembly which is prohibited by that order, he may, subject to subsection (2) below—
(a) stop that person, and
(b) direct him not to proceed in the direction of the assembly.
(2) The power conferred by subsection (1) may only be exercised within the area to which the order applies.
(3) A person who fails to comply with a direction under subsection (1) which he knows has been given to him is guilty of an offence.
(4) A constable in uniform may arrest without a warrant anyone he reasonably suspects to be committing an offence under this section.
(5) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”.
(1) Section 6 of the [1977 c. 45.] Criminal Law Act 1977 (which penalises violence by a person for securing entry into premises where a person on the premises is opposed and is known to be opposed to entry) shall be amended as follows.
(2) After subsection (1), there shall be inserted the following subsection—
“(1A) Subsection (1) above does not apply to a person who is a displaced residential occupier or a protected intending occupier of the premises in question or who is acting on behalf of such an occupier; and if the accused adduces sufficient evidence that he was, or was acting on behalf of, such an occupier he shall be presumed to be, or to be acting on behalf of, such an occupier unless the contrary is proved by the prosecution.”.
(3) In subsection (2), at the beginning, there shall be inserted the words “Subject to subsection (1A) above,”.
(4) Subsection (3) (which is superseded by the provision made by subsection (2) above) shall be omitted.
(5) In subsection (7), at the end, there shall be inserted the words “and section 12A below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a protected intending occupier of any premises or of any access to any premises.”.
For section 7 of the Criminal Law Act 1977 (trespassers failing to leave premises after being requested to do so by specified persons to be guilty of an offence) there shall be substituted the following section—
(1) Subject to the following provisions of this section and to section 12A(9) below, any person who is on any premises as a trespasser after having entered as such is guilty of an offence if he fails to leave those premises on being required to do so by or on behalf of—
(a) a displaced residential occupier of the premises; or
(b) an individual who is a protected intending occupier of the premises.
(2) In any proceedings for an offence under this section it shall be a defence for the accused to prove that he believed that the person requiring him to leave the premises was not a displaced residential occupier or protected intending occupier of the premises or a person acting on behalf of a displaced residential occupier or protected intending occupier.
(3) In any proceedings for an offence under this section it shall be a defence for the accused to prove—
(a) that the premises in question are or form part of premises used mainly for non-residential purposes; and
(b) that he was not on any part of the premises used wholly or mainly for residential purposes.
(4) Any reference in the preceding provisions of this section to any premises includes a reference to any access to them, whether or not any such access itself constitutes premises, within the meaning of this Part of this Act.
(5) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
(6) A constable in uniform may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, guilty of an offence under this section.
(7) Section 12 below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a displaced residential occupier of any premises or of any access to any premises and section 12A below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a protected intending occupier of any premises or of any access to any premises.”.
After section 12 of the [1977 c. 45.] Criminal Law Act 1977 there shall be inserted the following section—
(1) For the purposes of this Part of this Act an individual is a protected intending occupier of any premises at any time if at that time he falls within subsection (2), (4) or (6) below.
(2) An individual is a protected intending occupier of any premises if—
(a) he has in those premises a freehold interest or a leasehold interest with not less than two years still to run;
(b) he requires the premises for his own occupation as a residence;
(c) he is excluded from occupation of the premises by a person who entered them, or any access to them, as a trespasser; and
(d) he or a person acting on his behalf holds a written statement—
(i) which specifies his interest in the premises;
(ii) which states that he requires the premises for occupation as a residence for himself; and
(iii) with respect to which the requirements in subsection (3) below are fulfilled.
(3) The requirements referred to in subsection (2)(d)(iii) above are—
(a) that the statement is signed by the person whose interest is specified in it in the presence of a justice of the peace or commissioner for oaths; and
(b) that the justice of the peace or commissioner for oaths has subscribed his name as a witness to the signature.
(4) An individual is also a protected intending occupier of any premises if—
(a) he has a tenancy of those premises (other than a tenancy falling within subsection (2)(a) above or (6)(a) below) or a licence to occupy those premises granted by a person with a freehold interest or a leasehold interest with not less than two years still to run in the premises;
(b) he requires the premises for his own occupation as a residence;
(c) he is excluded from occupation of the premises by a person who entered them, or any access to them, as a trespasser; and
(d) he or a person acting on his behalf holds a written statement—
(i) which states that he has been granted a tenancy of those premises or a licence to occupy those premises;
(ii) which specifies the interest in the premises of the person who granted that tenancy or licence to occupy (“the landlord”);
(iii) which states that he requires the premises for occupation as a residence for himself; and
(iv) with respect to which the requirements in subsection (5) below are fulfilled.
(5) The requirements referred to in subsection (4)(d)(iv) above are—
(a) that the statement is signed by the landlord and by the tenant or licensee in the presence of a justice of the peace or commissioner for oaths;
(b) that the justice of the peace or commissioner for oaths has subscribed his name as a witness to the signatures.
(6) An individual is also a protected intending occupier of any premises if—
(a) he has a tenancy of those premises (other than a tenancy falling within subsection (2)(a) or (4)(a) above) or a licence to occupy those premises granted by an authority to which this subsection applies;
(b) he requires the premises for his own occupation as a residence;
(c) he is excluded from occupation of the premises by a person who entered the premises, or any access to them, as a trespasser; and
(d) there has been issued to him by or on behalf of the authority referred to in paragraph (a) above a certificate stating that—
(i) he has been granted a tenancy of those premises or a licence to occupy those premises as a residence by the authority; and
(ii) the authority which granted that tenancy or licence to occupy is one to which this subsection applies, being of a description specified in the certificate.
(7) Subsection (6) above applies to the following authorities—
(a) any body mentioned in section 14 of the [1977 c. 42.] Rent Act 1977 (landlord’s interest belonging to local authority etc.);
(b) the Housing Corporation;
(c) Housing for Wales; and
(d) a registered housing association within the meaning of the [1985 c. 69.] Housing Associations Act 1985.
(8) A person is guilty of an offence if he makes a statement for the purposes of subsection (2)(d) or (4)(d) above which he knows to be false in a material particular or if he recklessly makes such a statement which is false in a material particular.
(9) In any proceedings for an offence under section 7 of this Act where the accused was requested to leave the premises by a person claiming to be or to act on behalf of a protected intending occupier of the premises—
(a) it shall be a defence for the accused to prove that, although asked to do so by the accused at the time the accused was requested to leave, that person failed at that time to produce to the accused such a statement as is referred to in subsection (2)(d) or (4)(d) above or such a certificate as is referred to in subsection (6)(d) above; and
(b) any document purporting to be a certificate under subsection (6)(d) above shall be received in evidence and, unless the contrary is proved, shall be deemed to have been issued by or on behalf of the authority stated in the certificate.
(10) A person guilty of an offence under subsection (8) above shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
(11) A person who is a protected intending occupier of any premises shall be regarded for the purposes of this Part of this Act as a protected intending occupier also of any access to those premises.”.
(1) A person commits an offence if, for the purpose of obtaining an interim possession order, he—
(a) makes a statement which he knows to be false or misleading in a material particular; or
(b) recklessly makes a statement which is false or misleading in a material particular.
(2) A person commits an offence if, for the purpose of resisting the making of an interim possession order, he—
(a) makes a statement which he knows to be false or misleading in a material particular; or
(b) recklessly makes a statement which is false or misleading in a material particular.
(3) A person guilty of an offence under this section shall be liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both;
(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
(4) In this section—
“interim possession order” means an interim possession order (so entitled) made under rules of court for the bringing of summary proceedings for possession of premises which are occupied by trespassers;
“premises” has the same meaning as in Part II of the [1977 c. 45.] Criminal Law Act 1977 (offences relating to entering and remaining on property); and
“statement”, in relation to an interim possession order, means any statement, in writing or oral and whether as to fact or belief, made in or for the purposes of the proceedings.
(1) This section applies where an interim possession order has been made in respect of any premises and served in accordance with rules of court; and references to “the order” and “the premises” shall be construed accordingly.
(2) Subject to subsection (3), a person who is present on the premises as a trespasser at any time during the currency of the order commits an offence.
(3) No offence under subsection (2) is committed by a person if—
(a) he leaves the premises within 24 hours of the time of service of the order and does not return; or
(b) a copy of the order was not fixed to the premises in accordance with rules of court.
(4) A person who was in occupation of the premises at the time of service of the order but leaves them commits an offence if he re-enters the premises as a trespasser or attempts to do so after the expiry of the order but within the period of one year beginning with the day on which it was served.
(5) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.
(6) A person who is in occupation of the premises at the time of service of the order shall be treated for the purposes of this section as being present as a trespasser.
(7) A constable in uniform may arrest without a warrant anyone who is, or whom he reasonably suspects to be, guilty of an offence under this section.
(8) In this section—
“interim possession order” has the same meaning as in section 75 above and “rules of court” is to be construed accordingly; and
“premises” has the same meaning as in that section, that is to say, the same meaning as in Part II of the [1977 c. 45.] Criminal Law Act 1977 (offences relating to entering and remaining on property).
(1) If it appears to a local authority that persons are for the time being residing in a vehicle or vehicles within that authority’s area—
(a) on any land forming part of a highway;
(b) on any other unoccupied land; or
(c) on any occupied land without the consent of the occupier,
the authority may give a direction that those persons and any others with them are to leave the land and remove the vehicle or vehicles and any other property they have with them on the land.
(2) Notice of a direction under subsection (1) must be served on the persons to whom the direction applies, but it shall be sufficient for this purpose for the direction to specify the land and (except where the direction applies to only one person) to be addressed to all occupants of the vehicles on the land, without naming them.
(3) If a person knowing that a direction under subsection (1) above has been given which applies to him—
(a) fails, as soon as practicable, to leave the land or remove from the land any vehicle or other property which is the subject of the direction, or
(b) having removed any such vehicle or property again enters the land with a vehicle within the period of three months beginning with the day on which the direction was given,
he commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) A direction under subsection (1) operates to require persons who re-enter the land within the said period with vehicles or other property to leave and remove the vehicles or other property as it operates in relation to the persons and vehicles or other property on the land when the direction was given.
(5) In proceedings for an offence under this section it is a defence for the accused to show that his failure to leave or to remove the vehicle or other property as soon as practicable or his re-entry with a vehicle was due to illness, mechanical breakdown or other immediate emergency.
(6) In this section—
“land” means land in the open air;
“local authority” means—
in Greater London, a London borough or the Common Council of the City of London;
in England outside Greater London, a county council, a district council or the Council of the Isles of Scilly;
in Wales, a county council or a county borough council;
“occupier”rson entitled to possession of the land by virtue of an estate or interest held by him;
“vehicle” includes—
any vehicle, whether or not it is in a fit state for use on roads, and includes any body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle; and
a caravan as defined in section 29(1) of the [1960 c. 62.] Caravan Sites and Control of Development Act 1960;
and a person may be regarded for the purposes of this section as residing on any land notwithstanding that he has a home elsewhere.
(7) Until 1st April 1996, in this section “local authority” means, in Wales, a county council or a district council.
(1) A magistrates' court may, on a complaint made by a local authority, if satisfied that persons and vehicles in which they are residing are present on land within that authority’s area in contravention of a direction given under section 77, make an order requiring the removal of any vehicle or other property which is so present on the land and any person residing in it.
(2) An order under this section may authorise the local authority to take such steps as are reasonably necessary to ensure that the order is complied with and, in particular, may authorise the authority, by its officers and servants—
(a) to enter upon the land specified in the order; and
(b) to take, in relation to any vehicle or property to be removed in pursuance of the order, such steps for securing entry and rendering it suitable for removal as may be so specified.
(3) The local authority shall not enter upon any occupied land unless they have given to the owner and occupier at least 24 hours notice of their intention to do so, or unless after reasonable inquiries they are unable to ascertain their names and addresses.
(4) A person who wilfully obstructs any person in the exercise of any power conferred on him by an order under this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) Where a complaint is made under this section, a summons issued by the court requiring the person or persons to whom it is directed to appear before the court to answer to the complaint may be directed—
(a) to the occupant of a particular vehicle on the land in question; or
(b) to all occupants of vehicles on the land in question, without naming him or them.
(6) Section 55(2) of the [1980 c. 43.] Magistrates' Courts Act 1980 (warrant for arrest of defendant failing to appear) does not apply to proceedings on a complaint made under this section.
(7) Section 77(6) of this Act applies also for the interpretation of this section.
(1) The following provisions apply in relation to the service of notice of a direction under section 77 and of a summons under section 78, referred to in those provisions as a “relevant document”.
(2) Where it is impracticable to serve a relevant document on a person named in it, the document shall be treated as duly served on him if a copy of it is fixed in a prominent place to the vehicle concerned; and where a relevant document is directed to the unnamed occupants of vehicles, it shall be treated as duly served on those occupants if a copy of it is fixed in a prominent place to every vehicle on the land in question at the time when service is thus effected.
(3) A local authority shall take such steps as may be reasonably practicable to secure that a copy of any relevant document is displayed on the land in question (otherwise than by being fixed to a vehicle) in a manner designed to ensure that it is likely to be seen by any person camping on the land.
(4) Notice of any relevant document shall be given by the local authority to the owner of the land in question and to any occupier of that land unless, after reasonable inquiries, the authority is unable to ascertain the name and address of the owner or occupier; and the owner of any such land and any occupier of such land shall be entitled to appear and to be heard in the proceedings.
(5) Section 77(6) applies also for the interpretation of this section.
(1) Part II of the [1968 c. 52.] Caravan Sites Act 1968 (duty of local authorities to provide sites for gipsies and control of unauthorised encampments) together with the definition in section 16 of that Act of “gipsies” is hereby repealed.
(2) In section 24 of the [1960 c. 62.] Caravan Sites and Control of Development Act 1960 (power to provide sites for caravans)—
(a) in subsection (2), after paragraph (b) there shall be inserted the following— “, or
(c) to provide, in or in connection with sites for the accommodation of gipsies, working space and facilities for the carrying on of such activities as are normally carried on by them,”; and
(b) in subsection (8), at the end, there shall be inserted the words “and “gipsies” means persons of nomadic habit of life, whatever their race or origin, but does not include members of an organised group of travelling showmen, or persons engaged in travelling circuses, travelling together as such.”.
(3) The repeal by subsection (1) above of section 8 of the said Act of 1968 shall not affect the validity of directions given under subsection (3)(a) of that section; and in the case of directions under subsection (3)(c), the council may elect either to withdraw the application or request the Secretary of State to determine the application and if they so request the application shall be treated as referred to him under section 77 of the [1990 c. 8.] Town and Country Planning Act 1990.
(4) The repeal by subsection (1) above of the definition of “gipsies” in section 16 of the said Act of 1968 shall not affect the interpretation of that word in the definition of “protected site” in section 5(1) of the [1983 c. 34.] Mobile Homes Act 1983 or in any document embodying the terms of any planning permission granted under the Town and Country Planning Act 1990 before the commencement of this section.
(5) Section 70 of the [1980 c. 65.] Local Government, Planning and Land Act 1980 (power to pay grant to local authorities in respect of capital expenditure in providing gipsy caravan sites) is hereby repealed so far as it extends to England and Wales except for the purposes of applications for grant received by the Secretary of State before the commencement of this section.
Criminal Justice and Public Order Act 1994