Vote Bundle Text (930620-05)

Amendments proposed to the Anti-social Behaviour Bill, As Amended - continued	House of Commons

back to previous text

Exemption from liability in relation to graffiti removal notices

Mr Secretary Blunkett

NC15

To move the following Clause:—

'(1) None of the persons mentioned in subsection (2) is to have any liability for damages or otherwise (whether at common law or otherwise) arising out of anything done or omitted to be done in the exercise or purported exercise of—

(a) the power under subsection (4) of section (Graffiti removal notices) (including as provided for in subsection (5) of that section), or

(b) the power under subsection (7) of that section.

(2) Those persons are—

(a) in the case of the power mentioned in subsection (1)(a)—

(i) the local authority and any employee of the authority, and

(ii) any person authorised by the authority under section (Graffiti removal notices)(4) and the employer or any employee of that person, and

(b) in the case of the power mentioned in subsection (1)(b), the local authority and any employee of the authority.

(3) Subsection (1) does not apply—

(a) if the act or omission is shown to have been in bad faith;

(b) to liability arising out of a failure to exercise due care and attention;

(c) so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998 (c.42);

(d) to liability that any person mentioned in subsection (2) may have to any employee of his.

(4) This section does not affect any other exemption from liability (whether at common law or otherwise).'.

Removal of trespassers

Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois

NC10

To move the following Clause:—

'—The Criminal Justice and Public Order Act 1994 is amended as follows: In Section 61 (Power to remove trespassers on land):

In subsection (1) subparagraph (b) is omitted.'.

Trespassers' property

Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois

NC11

To move the following Clause:—

'—The Criminal Justice and Public Order Act 1994 is amended as follows: In Section 61 (Power to remove trespassers on land):

In subsection (1) at the end shall be added "Property shall include any materials or waste which they have with them on the land or which appears to the officer to be connected to their presence on the land".

In subsection (4) there is inserted after paragraph (b):

"(c) fails to remove vehicles or other property including materials or waste which they have with them on the land or which appears to the officer to be connected to their presence on the land.".'.

Cessation orders

Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois

NC12

To move the following Clause:—

'(1) A local authority may make a Cessation Order in relation to any land or property to which this section applies if it reasonably believes that a public nuisance is being caused by the deliberate or reckless despoiling or misuse by the occupiers of that land or premises.

(2) A Cessation Order shall stipulate the date of its effect which shall not be less than 7 days from the date of service of the Order on the person or persons who the authority reasonably believes to be the occupiers of that land or premises.

(3) A person commits an offence if he permits or authorises the continuation of a public nuisance from the misuse or despoiling of land or premises or aids or abets others to do so after the date of effect of a Cessation Order.'.

REMAINING NEW CLAUSES

Power to remove trespassers: alternative site available

Mr Secretary Blunkett

NC16

To move the following Clause:—

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

(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;

(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;

(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—

"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

(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 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 and is subject to annulment in pursuance of a resolution of either House of Parliament.".'.

As an Amendment to Mr Secretary Blunkett's proposed New Clause (NC16) (Powers to remove trespassers: alternative site available):

Mr James Paices
Mr Nick Hawkins

(a)

*Line 28, at end insert—

'"property" shall include any materials or waste which they have with them on the land or which appears to the officer to be connected to his presence on the land.'.

Failure to comply with direction: offences

Mr Secretary Blunkett

NC17

To move the following Clause:—

'After section 62A of the Criminal Justice and Public Order Act 1994 (c.33) (inserted by section (Power to remove trespassers: alternative site available)) 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 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 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 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 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 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.".'.

As an Amendment to Mr Secretary Blunkett's proposed New Clause (NC17) (Failure to comply with direction: offence):

Mr James Paice
Mr Nick Hawkins

(a)

*Line 8, at end insert—

'( ) fails to remove any vehicle or other property or waste which he has with him on the land or which appears to the officer to be connected to his presence on the land, or'.

Failure to comply with direction: seizure

Mr Secretary Blunkett

NC18

To move the following Clause:—

(1) 'After section 62B of the Criminal Justice and Public Order Act 1994 (c.33) (inserted by section (Failure to comply with direction: offences)) 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—

(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 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)" insert ", 62C(3)".'.