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Make
a person liable for any damage caused to land, or property on
that land, |
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on which he is trespassing
for the purpose of residing there; to amend the law |
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in respect of eviction from
land; to make provision for compensation; and for |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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(1) |
A person who trespasses
on land with the purpose of residing there shall be |
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liable for any damage caused
to that land, or property on that land, while he is |
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present there, whether caused
by him or by any other person. |
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(2) |
For the purposes of subsection
(1), the land on which a person is liable for any |
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damage caused is any land
within the natural or artificial boundary of the site, |
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or within 100 metres of the
natural or artificial boundary of the site, of any |
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vehicle, tent or other structure
in which the person is residing. |
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2 |
Amendment
of the Criminal Justice and Public Order Act 1994 |
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(1) |
The Criminal Justice and
Public Order Act 1994 (c. 33) is amended as follows. |
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(2) |
In section 61 (power to remove
trespassers on land)— |
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(a) |
for subsection (1) there is
substituted— |
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“(1) |
If the senior police officer
present at the scene reasonably |
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believes
that any person is trespassing on land with the purpose |
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of
residing there for any period and that reasonable steps have |
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been
taken by or on behalf of the occupier to ask him to leave |
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and
he has failed to do so, the officer may direct any such |
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person
to leave the land and to remove any vehicles or other |
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property
he has with him on the land.”; |
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(b) |
after
subsection (1) there is inserted— |
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“(1A) |
Where a local authority
reasonably believes that any person is |
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trespassing
on land in its area for the purpose of residing there, |
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and
that reasonable steps have been taken by or on behalf of the |
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occupier
to ask him to leave and he has failed to do so, it may, |
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with
the agreement of the occupier, request the Chief Constable |
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for
the area to issue a direction under subsection (1) above for |
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any
such person to leave the land and to remove any vehicles or |
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other
property he has with him on the land, and the Chief |
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Constable
shall comply with any such request. |
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(1B) |
Where any person fails within
24 hours of the service of a |
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direction
issued in accordance with subsection (1A) to comply |
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with
the direction, the Chief Constable shall order the |
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immediate
removal of any vehicles or other property to a secure |
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place
approved by the local authority. |
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(1C) |
A local authority may hold
vehicles and property removed |
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under
subsection (1B) for a period not exceeding 3 months, |
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subject
to renewal on application to a magistrates’ court. |
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(1D) |
Where a person has been
trespassing on land for the purpose of |
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residing
there and where reasonable steps have been taken by |
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or
on behalf of the occupier to ask him to leave and he has failed
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to
do so, the landowner may within a period of one month from |
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the
recovery of his land submit to the local authority a bill for
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the
cost of making good any damage caused by the person |
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trespassing
on the land to the extent that it is not made good by |
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(1E) |
A local authority which
receives a bill under subsection (1D) |
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shall
reimburse the landowner for those costs which it deems |
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reasonable
in the circumstances and may dispose of property |
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held
in accordance with subsection (1C) to defray such |
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(c) |
in subsection (9), in the
definition of “land”, paragraph (b)(i) is omitted. |
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(1) |
The Secretary of State shall
maintain a prescribed register of persons of no fixed |
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abode, including those describing
themselves as travellers. |
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(2) |
In this section “prescribed”
means prescribed by regulations made by the |
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(3) |
The power to make regulations
under this section is exercisable by statutory |
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instrument which shall be
laid before, and approved by a resolution of, each |
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40 |
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There
shall be paid out of money provided by Parliament any expenditure
incurred by |
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the
Secretary of State under or by virtue of this Act. |
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