Police, Crime, Sentencing and Courts Bill (HL Bill 95)

Part 3 continued    

(2)In section 142A (other controlled areas in vicinity of the Palace of
Westminster)—

(a)in subsection (1)—

(i)in paragraph (a), after sub-paragraph (i) insert—

“(ia)5Canon Row,

(ib)Parliament Street,

(ic)Derby Gate,

(id)Parliament Square,”, and

(ii)after paragraph (a) insert—

“(aa)10so much of the highway in the postal district
SW1 known as Victoria Embankment as lies
between the highway in that district known as
Bridge Street and the highway in that district
known as Richmond Terrace,”, and

(b)15after subsection (1) insert—

“(1A)A reference to a highway in subsection (1)(a) or (aa) includes
any land immediately adjoining that highway and to which the
public have or are permitted access.”

(3)In section 143 (prohibited activities in controlled area of Parliament Square or
20in Palace of Westminster controlled area)—

(a)in subsection (2), after paragraph (e) insert—

“(f)obstructing, by the use of any item or otherwise, the
passage of a vehicle of any description into or out of an
entrance into or exit from the Parliamentary Estate,
25where that entrance or exit is within, or adjoins, the
Palace of Westminster controlled area unless permission
for such obstruction has been given by the relevant
person.”,

(b)in subsection (3)(b) for “relevant authority” substitute “relevant
30person”,

(c)after subsection (4) insert—

“(4A)In subsection (2)(f) the reference to obstructing the passage of a
vehicle includes making the passage of a vehicle more
difficult.”,

(d)35in subsection (5)—

(i)in the words before paragraph (a), for ““relevant authority””
substitute ““relevant person””,

(ii)omit “or” at the end of paragraph (b), and

(iii)after paragraph (c) insert—

“(d)40a relevant member of the House of Lords staff, or

(e)a relevant member of the House of Commons staff”, and

(e)after subsection (5) insert—

“(5A)In subsection (5)—

• “relevant member of the House of Lords staff” has the
  45meaning given by section 194(6) of the Employment
  Rights Act 1996;

• “relevant member of the House of Commons staff” has the
  meaning given by section 195(5) of that Act.”

(4)After section 143 insert—

“143A Authorisation

(1)The responsible person for any land in the Palace of Westminster
controlled area may authorise a person to carry out in accordance with
5this section an activity that will obstruct the passage of a vehicle of any
description into or from the Parliamentary Estate while on or adjoining
the Palace of Westminster controlled area.

(2)An application for the authorisation must be made by or on behalf of
the person (or persons) seeking the authorisation.

(3)10The responsible person may—

(a)determine the form in which and the manner in which an
application is to be made;

(b)specify the information to be provided in connection with an
application;

(c)15require a fee to be paid for determining the application.

(4)If an application is made to a responsible person, the person must—

(a)determine the application, and

(b)give notice in writing to the applicant of the person’s decision
within the period of 21 days beginning with the day the person
20receives the application.

(5)The notice must specify—

(a)the person or persons authorised (whether by name or
description),

(b)the nature of the activity that is to be permitted,

(c)25the period to which the authorisation applies, and

(d)any conditions to which the authorisation is subject.

(6)The responsible person may at any time withdraw an authorisation if
the conditions to which it is subject are not being observed by giving
notice in writing to the applicant.”

(5)30Subsection (2) does not affect—

(a)any direction given under section 143(1) of the Police Reform and Social
Responsibility Act 2011 before the day on which this section came into
force,

(b)any order made under section 146(1)(b) of that Act before that day, or

(c)35any authorisation given under section 147 of that Act before that day.

(6)Any such direction, order or authorisation applies in relation to the Palace of
Westminster controlled area as defined by section 142A(1) of that Act as it had
effect immediately before that day.

77 Power to specify other areas as controlled areas

40After section 149 of the Police Reform and Social Responsibility Act 2011

insert—

“149A  Power to specify other areas as controlled areas

(1)The Secretary of State may by regulations provide for any provision of
sections 143 to 148 and 149(3) to apply, with or without modifications,
5in relation to an area specified in the regulations.

(2)An area may be specified in regulations under subsection (1) by
description, by reference to a map or plan or in any other way.

(3)Regulations under subsection (1) may be made only if—

(a)either House of Parliament is, or is proposed to be, located
10somewhere other than the Palace of Westminster as a result of
the Parliamentary building works or for any other reason, and

(b)as a result of that relocation, or proposed relocation, the
Secretary of State considers that it is reasonably necessary for
activities which are prohibited in relation to the controlled area
15of Parliament Square or the Palace of Westminster controlled
area to be prohibited in relation to the area specified in the
regulations.

(4)In subsection (3)(a) “the Parliamentary building works” has the
meaning given by section 1(1) of the Parliamentary Buildings
20(Restoration and Renewal) Act 2019.

(5)The Secretary of State may by regulations make provision for any other
enactment, or any instrument made under an enactment, to have effect
with modifications in consequence of regulations under subsection
(1).”

25Public nuisance

78 Intentionally or recklessly causing public nuisance

(1)A person commits an offence if—

(a)the person—

(i)does an act, or

(ii)30omits to do an act that they are required to do by any enactment
or rule of law,

(b)the person’s act or omission—

(i)creates a risk of, or causes, serious harm to the public or a
section of the public, or

(ii)35obstructs the public or a section of the public in the exercise or
enjoyment of a right that may be exercised or enjoyed by the
public at large, and

(c)the person intends that their act or omission will have a consequence
mentioned in paragraph (b) or is reckless as to whether it will have such
40a consequence.

(2)In subsection (1)(b)(i) “serious harm” means—

(a)death, personal injury or disease,

(b)loss of, or damage to, property, or

(c)serious distress, serious annoyance, serious inconvenience or serious
45loss of amenity.

(3)It is a defence for a person charged with an offence under subsection (1) to
prove that they had a reasonable excuse for the act or omission mentioned in
paragraph (a) of that subsection.

(4)A person guilty of an offence under subsection (1) is liable—

(a)5on summary conviction, to imprisonment for a term not exceeding 12
months, to a fine or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding
10 years, to a fine or to both.

(5)In relation to an offence committed before the coming into force of paragraph
1024(2) of Schedule 22 to the Sentencing Act 2020 (increase in magistrates’ court
power to impose imprisonment) the reference in subsection (4)(a) to 12 months
is to be read as a reference to 6 months.

(6)The common law offence of public nuisance is abolished.

(7)Subsections (1) to (6) do not apply in relation to—

(a)15any act or omission which occurred before the coming into force of
those subsections, or

(b)any act or omission which began before the coming into force of those
subsections and continues after their coming into force.

(8)This section does not affect—

(a)20the liability of any person for an offence other than the common law
offence of public nuisance,

(b)the civil liability of any person for the tort of public nuisance, or

(c)the ability to take any action under any enactment against a person for
any act or omission within subsection (1).

(9)25In this section “enactment” includes an enactment comprised in subordinate
legislation within the meaning of the Interpretation Act 1978.

Offences involving highways and infrastructure

79 Wilful obstruction of highway

(1)Section 137 of the Highways Act 1980 (penalty for wilful obstruction) is
30amended as follows.

(2)After subsection (1) insert—

“(1ZA)If a person, without lawful authority or excuse, in any way wilfully
obstructs the free passage along a highway which is part of the Strategic
Road Network he is guilty of an offence and liable to imprisonment for
35a term not exceeding 51 weeks or a fine or both.”

(3)After subsection (1) insert—

“(1A)In relation to an offence committed before the coming into force of
section 281(5) of the Criminal Justice Act 2003 (alteration of penalties
for certain summary offences: England and Wales), the reference in
40subsection (1) to 51 weeks is to be read as a reference to 6 months.

(1B)For the purposes of this section it does not matter whether free passage
along the highway in question has already been temporarily restricted

or temporarily prohibited (whether by a constable, a traffic authority or
otherwise).

(1C)In subsection (1B), “traffic authority” has the same meaning as in the
Road Traffic Regulation Act 1984 (see section 121A of that Act).”

80 5Key national infrastructure

(1)This section has effect for the purposes of section (Interference with use or
operation of key national infrastructure).

(2)“Road transport infrastructure” means—

(a)a special road within the meaning of the Highways Act 1980 (see
10section 329(1) of that Act), or

(b)a road which, under the system for assigning identification numbers to
roads administered by the Secretary of State or the Welsh Ministers, has
for the time being been assigned a number prefixed by A or B.

(3)“Rail infrastructure” means infrastructure used for the purposes of railway
15services within the meaning of Part 1 of the Railways Act 1993 (see section 82
of that Act).

(4)In the application of section 82 of the Railways Act 1993 for the purposes of
subsection (3) “railway” has the wider meaning given in section 81(2) of that
Act.

(5)20“Air transport infrastructure” means—

(a)an airport within the meaning of the Airports Act 1986 (see section 82(1)
of that Act), or

(b)any infrastructure which—

(i) does not form part of an airport within the meaning of that Act,
25and

(ii)is used for the provision of air traffic services within the
meaning of Part 1 of the Transport Act 2000 (see section 98 of
that Act).

(6)“Harbour infrastructure” means a harbour within the meaning of the Harbours
30Act 1964 (see section 57(1) of that Act) which provides facilities for or in
connection with—

(a)the embarking or disembarking of passengers who are carried in the
course of a business, or

(b)the loading or unloading of cargo which is carried in the course of a
35business.

(7)“Downstream oil infrastructure” means infrastructure used for or in
connection with any of the following activities—

(a)the refinement or other processing of crude oil or oil feedstocks;

(b)the storage of crude oil or crude oil-based fuel for onward distribution,
40other than storage by a person who supplies crude oil-based fuel to the
public where the storage is for the purposes of such supply;

(c)the loading or unloading of crude oil or crude oil-based fuel for onward
distribution, other than unloading to a person who supplies crude oil-
based fuel to the public where the unloading is for the purposes of such
45supply;

(d)the carriage, by road, rail, sea or inland waterway, of crude oil or crude
oil-based fuel for the purposes of onward distribution;

(e)the conveyance of crude oil or crude oil-based fuel by means of a pipe-
line within the meaning of the Pipe-lines Act 1962 (see section 65 of that
5Act).

(8)“Newspaper printing infrastructure” means infrastructure the primary
purpose of which is the printing of one or more national or local newspapers.

(9)In this section—

• “local newspaper” means a newspaper which is published at least
  10fortnightly and is in circulation in a part of England and Wales;

• “national newspaper” means a newspaper which is published at least
  fortnightly and is in circulation in England, in Wales or in both;

• “newspaper” includes a periodical or magazine.

Vagrancy

81 15Repeal of Vagrancy Act 1824

(1)The Vagrancy Act 1824 is repealed.

(2)In this section—

• “the 2014 Act” means the Anti-social Behaviour, Crime and Policing Act
  2014;

• 20“begging” means asking for gifts on streets or in other public places (for
  which purpose it is immaterial whether gifts are of money or in kind,
  whether they are expressed as gifts or as loans, and whether a person
  asks expressly or impliedly, by displaying receptacles for donations or
  otherwise; but “begging” does not include soliciting donations to a
  25registered charity with the express written authority of that charity);

• “registered charity” means a charity registered under section 30 of the
  Charities Act 2011, or exempted or excepted from registration under or
  by virtue of that section; and

• “sleeping rough” means sleeping (or making preparations to sleep, or
  30possessing bedding or other equipment for the purpose of sleeping) on
  streets or in other public places, or in places or structures not designed
  for human habitation.

(3)The following principles are to be applied in the exercise of powers under the
2014 Act—

(a)35begging or sleeping rough does not in itself amount to action causing
alarm or distress (in the absence of other factors);

(b)policing and other enforcement action should balance protection of the
community with sensitivity to the problems that cause people to
engage in begging or sleeping rough; and

(c)40powers under the 2014 Act should not in general be used in relation to
people sleeping rough, and should be used in relation to people
begging only where no other approach is reasonably available.

(4)A constable or other person exercising functions under the 2014 Act, or
considering whether to exercise functions under that Act, in connection with a
45person who has been, or may have been, involved in begging or sleeping
rough, must consider whether the person could be referred to public

authorities, or charitable or other persons, for help in addressing the problems
that cause them to be involved in begging or sleeping rough.

(5)The Secretary of State must issue guidance to local authorities and police forces
about the implementation of subsections (3) and (4).

(6)5Local authorities and police forces must—

(a)have regard to the guidance; and

(b)take reasonable steps to provide education and training designed to
ensure consistent and effective implementation of subsections (3) and
(4).

(7)10Before issuing (or revising) the guidance the Secretary of State must consult—

(a)representatives of police forces;

(b)representatives of local authorities; and

(c)persons representing the interests of homeless persons.

(8)The following enactments are repealed (in consequence of subsection (1))—

(a)15the Vagrancy Act 1898;

(b)the Vagrancy Act 1935;

(c)sections 20(1)(g) and 24(1)(f) of the Sentencing Act 2020;

(d)section 55(2)(b) of the Violent Crime Reduction Act 2006;

(e)paragraph 18 of Schedule 8 to the Serious Organised Crime and Police
20Act 2005;

(f)paragraphs 3(3)(b) and 7(3) of Schedule 3C to the Police Reform Act
2002;

(g)paragraph 2(3)(aa) of Schedule 5 to that Act;

(h)paragraph 4 of Schedule 6 to the Criminal Justice and Court Services
25Act 2000;

(i)section 43(5) of the Mental Health Act 1983;

(j)section 70 of the Criminal Justice Act 1982;

(k)section 20 of the Criminal Justice Act 1967;

(l)in section 48(2) of the Forestry Act 1967, the words “or against the
30Vagrancy Act 1824”;

(m)in section 20(4) of the New Towns Act (Northern Ireland) 1965, the
words “or against section 4 of the Vagrancy Act 1824”;

(n)section 2(3)(c) of the House to House Collections Act 1939; and

(o)in section 81 of the Public Health Acts Amendment Act 1907, the words
35“shall for the purpose of the Vagrancy Act 1824 and of any Act for the
time being in force altering or amending the same, be deemed to be an
open and public place, and”.

(9)This section extends to England and Wales only.

(10)This section comes into force at the end of the period of two months beginning
40with the date of Royal Assent.

Part 4 Unauthorised encampments

82 Offence relating to residing on land without consent in or with a vehicle

(1)At the beginning of Part 5 of the Criminal Justice and Public Order Act 1994,

before the italic heading before section 61, insert—

“Residing on land without consent in or with a vehicle

60C Offence relating to residing on land without consent in or with a
vehicle

(1)5Subsection (2) applies where—

(a)a person aged 18 or over (“P”) is residing, or intending to reside,
on land without the consent of the occupier of the land,

(b)P has, or intends to have, at least one vehicle with them on the
land,

(c)10one or more of the conditions mentioned in subsection (4) is
satisfied, and

(d)the occupier, a representative of the occupier or a constable
requests P to do either or both of the following—

(i)leave the land;

(ii)15remove from the land property that is in P’s possession
or under P’s control.

(2)P commits an offence if—

(a)P fails to comply with the request as soon as reasonably
practicable, or

(b)20P—

(i)enters (or having left, re-enters) the land within the
prohibited period with the intention of residing there
without the consent of the occupier of the land, and

(ii)has, or intends to have, at least one vehicle with them on
25the land.

(3)The prohibited period is the period of 12 months beginning with the
day on which the request was made.

(4)The conditions are—

(a)in a case where P is residing on the land, significant damage or
30significant disruption has been caused or is likely to be caused
as a result of P’s residence;

(b)in a case where P is not yet residing on the land, it is likely that
significant damage or significant disruption would be caused as
a result of P’s residence if P were to reside on the land;

(c)35that significant damage or significant disruption has been
caused or is likely to be caused as a result of conduct carried on,
or likely to be carried on, by P while P is on the land;

(d)that significant distress has been caused or is likely to be caused
as a result of offensive conduct carried on, or likely to be carried
40on, by P while P is on the land.

(5)A person guilty of an offence under this section is liable on summary
conviction to imprisonment for a term not exceeding three months or a
fine not exceeding level 4 on the standard scale, or both.

(6)In proceedings for an offence under this section it is a defence for the
45accused to show that the accused had a reasonable excuse for—

(a)failing to comply as soon as reasonably practicable with the
request mentioned in subsection (1)(d), or

(b)after receiving such a request, entering (or re-entering) the land
with the intention of residing there without the consent of the
5occupier of the land.

(7)In its application to common land, this section has effect—

(a)in a case where the common land is land to which the public has
access and the occupier cannot be identified, as if references to
the occupier were references to the local authority in relation to
10the common land;

(b)in a case where P’s residence or intended residence without the
consent of the occupier is, or would be, an infringement of the
commoners’ rights and—

(i)the occupier is aware of P’s residence or intended
15residence and had an opportunity to consent to it, or

(ii)if sub-paragraph (i) does not apply, any one or more of
the commoners took reasonable steps to try to inform
the occupier of P’s residence or intended residence and
provide an opportunity to consent to it,

20as if in subsection (1)(d) after “a constable” there were inserted
“or the commoners or any of them or their representative”.

(8)In this section--

• “common land” and “commoner” have the same meaning as in
  section 61;

• 25“damage” includes—

  (a)

  damage to the land;

  (b)

  damage to any property on the land not belonging to P;

  (c)

  damage to the environment (including excessive noise,
  smells, litter or deposits of waste);

• 30“disruption” includes interference with—

  (a)

  a person’s ability to access any services or facilities
  located on the land or otherwise make lawful use of the
  land, or

  (b)

  a supply of water, energy or fuel;

• 35“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
  40Ancient Monuments and Archaeological Areas Act
  1979;

• “the local authority”, in relation to common land, has the same
  meaning as in section 61;

• “occupier” means the person entitled to possession of the land by
  45virtue of an estate or interest held by the person;

• “offensive conduct” means—

  (a)

  the use of threatening, abusive or insulting words or
  behaviour, or disorderly behaviour, or

  (b)

  the display of any writing, sign, or other visible
  50representation that is threatening, abusive or insulting;

• “vehicle” includes—

  (a)

  any vehicle, whether or not it is in a fit state for use on
  roads, and includes any chassis or body, with or without
  wheels, appearing to have formed part of such a vehicle,
  5and any load carried by, and anything attached to, such
  a vehicle, and

  (b)

  a caravan as defined in section 29(1) of the Caravan Sites
  and Control of Development Act 1960.

(9)For the purposes of this section a person is to be considered as residing
10or having the intention to reside in a place even if that residence or
intended residence is temporary, and a person may be regarded as
residing or having an intention to reside in a place notwithstanding that
the person has a home elsewhere.

60D Offence under section 60C: seizure of property etc

(1)15If a constable reasonably suspects that an offence has been committed
under section 60C, the constable may seize and remove any relevant
property that appears to the constable—

(a)to belong to the person who the constable suspects has
committed the offence (“P”);

(b)20to be in P’s possession; or

(c)to be under P’s control.

(2)“Relevant property” means—

(a)a vehicle (wherever located) which, for the purposes of section
60C(1)(b) (in the case of an offence under section 60C(2)(a)) or
25for the purposes of section 60C(2)(b)(ii) (in the case of an offence
under section 60C(2)(b)), the constable suspects P had or
intended to have with them, or

(b)any other property that is on the relevant land.

(3)The “relevant land” is the land in respect of which a request under
30section 60C(1)(d) is made.

(4)The relevant chief officer of police may retain any property that has
been seized under subsection (1) until the end of the period of three
months beginning with the day of the seizure (“the relevant period”).

(5)But the relevant chief officer of police ceases to be entitled to retain the
35property if before the end of the relevant period a custody officer gives
written notice to P that P is not to be prosecuted for the offence under
section 60C in relation to which the property was seized.

(And see subsection (10)).

(6)Subsection (7) applies where before the end of the relevant period
40proceedings for an offence under section 60C are commenced against P.

(7)Where this subsection applies the relevant chief officer of police may
retain the property seized until the conclusion of proceedings relating
to the offence (including any appeal) (but see subsection (10)).

(8)Where a chief officer of police ceases to be entitled to retain property
45under this section the chief officer must, subject to any order for
forfeiture under section 60E, return it to the person whom the chief
officer believes to be its owner.