Trespassers on Land (Liability for Damage and Eviction) Bill

House of Commons

Session 2004 - 05
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Trespassers on Land (Liability for Damage and Eviction) Bill

Trespassers on Land (Liability for Damage and Eviction) Bill
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A
Bill
To
make a person liable for damage caused to land, or property on that land, on
which he is trespassing with the purpose of residing there; to amend the
Criminal Justice and Public Order Act 1994 in respect of the removal of
trespassers from land, the seizure of property of trespassers and payments to
occupiers of land in respect of damages arising from trespass; to establish a
register of persons whose identity has been given to a constable after the
giving of a direction under Part 5 of the Criminal Justice and Public Order Act
1994; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Civil liability
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Liability for damage
(1)
A person who trespasses on land with the purpose of residing there shall
(subject to subsection (3)) be liable for any damage caused to that land, or
property on that land, while he is present there, whether caused by him or by
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any other person.
(2)
For the purposes of subsection (1), the land on which a person is liable for any
damage caused is any land within the natural or artificial boundary of the site,
or within 100 metres of the natural or artificial boundary of the site, of any
vehicle, tent or other structure in which the person is residing.
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(3)
A person to whom subsection (1) applies is not liable for damage to the extent
that he shows that the damage was wholly unrelated to his trespassing on the
land with the purpose of residing there.

Bill 29 53/4

Trespassers on Land (Liability for Damage and Eviction) Bill
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Removal of trespassers on land, etc.
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Amendment of the Criminal Justice and Public Order Act 1994
(1)
The Criminal Justice and Public Order Act 1994 (c. 33) is amended as follows.
(2)
In section 61 (powers to remove trespassers on land), after subsection (3),
insert—
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“(3A)
Where a direction has been given under subsection (1) in England or
Wales, any constable at the scene may require persons so directed who
have attained the age of 16 to give their identity for the purposes of the
register established and maintained under section 3 of the Trespassers
on Land (Liability for Damage and Eviction) Act 2005.”
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(3)
In section 61(4) (offences), after paragraph (a), insert—
“(aa)
fails to give his identity (as required by a constable in exercise
of powers under subsection (3A)) as soon as reasonably
practicable, or”.
(4)
In section 61(6) (defences), after paragraph (a), insert—
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“(aa)
that he had a reasonable excuse for failing to give his identity as
soon as reasonably practicable, or”.
(5)
In section 61(9) (interpretation)—
(a)
after the definition of “commoner”, insert—
“‘identity’ means—
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(a)
his full name,
(b)
other names by which he is or has previously
been known, and
(c)
his date and place of birth;” and
(b)
in the definition of “land”, omit paragraph (b)(i).
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(6)
After section 62, insert—
“62ZA
Additional power to remove trespassers and requests by local
authorities
(1)
If the senior officer present at the scene reasonably believes that any
person is trespassing on land with the purpose of residing there for any
30
period and that reasonable steps have been taken by or on behalf of the
occupier to ask him to leave and he has failed to do so, the officer may
direct any such person to leave the land and to remove any vehicles or
other property he has with him on the land.
(2)
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, and that
reasonable steps have been taken by or on behalf of the occupier to ask
him to leave and he has failed to do so, the local authority may, with the
agreement of the occupier, request the Chief Constable for the area to
issue a direction under subsection (3).
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(3)
Where a Chief Constable receives a request under subsection (2), he
shall require the senior officer present at the scene to direct the person
to whom the request under subsection (2) relates to leave the land and
to remove any vehicles or other property that person has with him on
the land.
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Trespassers on Land (Liability for Damage and Eviction) Bill
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(4)
The provisions of subsection (3), (3A), (4) and (5) to (8) of section 61
apply to a direction under subsection (1) or (3) of this section as if it
were a direction under subsection (1) of that section.
62ZB
Failure to comply with direction under section 62ZA(3): seizure,
removal and retention of property
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(1)
If a person—
(a)
knows that a direction under section 62ZA(3) has been given
which applies to him, and
(b)
fails, within a period of 24 hours beginning with his acquisition
of the knowledge referred to in paragraph (a), to comply with
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that direction,

the Chief Constable shall order the senior officer at the scene to take the
steps specified in subsection (2).
(2)
Those steps are—
(a)
to seize and remove any vehicles or other property the person
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to whom subsection (1) applies has with him on the land, and
(b)
to convey any vehicles or other property so seized and removed
to a secure place designated by the local authority that made the
request under section 62ZA(2) to which the relevant direction
under subsection (3) of that section relates.
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(3)
The Secretary of State may make regulations—
(a)
regulating the retention and safe-keeping of vehicles and other
property seized in accordance with the provisions of subsection
(2), and
(b)
prescribing charges in respect of the removal, conveyance and
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retention of vehicles and other property.
(4)
Any police force or local authority shall be entitled to recover from a
person from whom a vehicle or other property has been seized such
charges as may be prescribed in respect of the removal, conveyance and
retention of the vehicle or other property.
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(5)
Any charges under subsection (4) shall be recoverable as a simple
contract debt.
(6)
Subject to subsections (7) and (8), a local authority may retain vehicles
or other property conveyed to a place designated by it under subsection
(2)(b) until—
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(a)
(in any case where no application for a determination and
payment has been made under section 62ZC(1)) a period of one
month has elapsed since the day on which the land previously
trespassed upon is recovered,
(b)
(in any case where such an application has been made) the local
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authority has come to a relevant determination in accordance
with the provisions of section 62ZC(4)(b) and disposed of or
returned the vehicles or other property in accordance with the
provisions of subsections (5) and (7) of that section, or
(c)
a period of three months has elapsed since the seizure of the
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vehicles or other property,

whichever is the earlier.

Trespassers on Land (Liability for Damage and Eviction) Bill
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(7)
Where a period of three months has elapsed since the seizure of the
vehicles or other property and the actions specified in subsection (6)(b)
have not been taken, a magistrates’ court may, on application by the
local authority, make an order for the continued retention of the
vehicles or other property by the local authority until—
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(a)
the local authority has come to a determination in accordance
with the provisions of section 62ZC(4)(b) and disposed of or
returned the vehicles or other property in accordance with the
provisions of subsections (5) and (7) of that section, or
(b)
a further period of three months has elapsed,
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whichever is the earlier.
(8)
A magistrates’ court may make more than one order under subsection
(7) in respect of the same vehicles or other property.
(9)
Where any property is retained under the provisions of this section, a
magistrates’ court may, on application by a claimant of the property
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other than the person to whom subsection (1) applies, make an order
for delivery of the property to the claimant if it appears to the court that
the claimant is the owner of the property.
(10)
The power to make regulations under subsection (3) is exercisable by
statutory instrument which shall be subject to annulment in pursuance
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of a resolution of either House of Parliament.
62ZC
Reimbursement to occupier for damage by trespass and disposal of
retained property
(1)
Where—
(a)
a person has been trespassing on land with the purpose of
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residing there, and
(b)
reasonable steps have been taken by or on behalf of the occupier
of the land to ask the person trespassing to leave,

but that person has failed to leave, the occupier of the land may, within
a period of one month beginning with the day on which the land
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previously trespassed on is recovered, apply to the local authority in
whose area the land, or the larger part of that land, is situated for a
determination and payment in accordance with subsection (4).
(2)
For the purpose of subsection (1), land is recovered when a person
trespassing on that land with the purpose of residing there is the subject
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of a direction under—
(a)
section 61(1),
(b)
section 61ZA(1) or (3), or
(c)
section 62A(1),

and that person complies with that direction.
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(3)
An application under subsection (1) shall be accompanied by an
estimate of the costs of making good any damage caused by the person
trespassing on the land with the purpose of residing there to the extent
that the damage has not been made good by that person.
(4)
Where a local authority receives an application under subsection (1), it
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shall—
(a)
consider that application and the estimate of costs submitted in
accordance with subsection (3);

Trespassers on Land (Liability for Damage and Eviction) Bill
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(b)
determine the extent to which the application and estimate
represent a reasonable claim; and
(c)
make a payment to the applicant for such amounts as it
determines arise from a reasonable claim.
(5)
Where a local authority—
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(a)
has made a payment in accordance with the provisions of
subsection (4)(c), and
(b)
is satisfied that the land in respect of which the payment was
made was occupied by a person in respect of whom vehicles or
other property is retained by the local authority in accordance
10
with the provisions of section 62ZB,

it may dispose of the vehicles or other property and apply the proceeds
of the sale of the vehicles or other property towards the costs of the
payment made in accordance with the provisions of subsection (4)(c).
(6)
This subsection applies to vehicles and other property which—
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(a)
has been retained by a local authority in exercise of its powers
under section 62ZB,
(b)
has not been the subject of an order under section 62ZB(9),
(c)
has not been disposed of in accordance with the provisions of
subsection (5) of this section, and
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(d)
in the opinion of the local authority, is not likely to be disposed
of in accordance with the provisions of that subsection.
(7)
A local authority shall—
(a)
return any vehicles or other property to which subsection (6)
applies, and
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(b)
give such proceeds of any disposal in accordance with the
provisions of subsection (5) as are not used for the purpose of
meeting the costs of a payment made in accordance with the
provisions of subsection (4)(c),

to the person from whom the vehicles or other property were taken.
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62ZD
Sections 62ZA to 62ZC: interpretation
(1)
Subsections (2) to (4) apply for the interpretation of sections 62ZA to
62ZC and this section.
(2)
‘Land’ has the meaning given by section 62E(2).
(3)
‘Local authority’ has the meaning given by section 62E(3).
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(4)
‘Occupier’, ‘trespass’, ‘trespassing’, ‘trespasser’ and ‘vehicle’ have the
meanings given by section 61 in relation to England and Wales.”
(7)
In section 62A (powers to remove trespassers: alternative site available), after
subsection (3), insert—
“(3A)
Where a direction has been given under subsection (1), any constable at
40
the scene may require persons so directed who have attained the age of
16 to give their identity for the purposes of the register established and
maintained under section 3 of the Trespassers on Land (Liability for
Damage and Eviction) Act 2005.”
(8)
In section 62B(1) (failure to comply with direction under section 62A: offences),
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Trespassers on Land (Liability for Damage and Eviction) Bill
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after paragraph (a), insert—
“(aa)
fails to give his identity (as required by a constable in exercise
of powers under subsection (3A)) as soon as reasonably
practicable, or”.
(9)
In section 62B(5) (defences), after paragraph (a), insert—
5
“(aa)
that he had a reasonable excuse for failing to give his identity as
soon as reasonably practicable, or”.
(10)
In section 62E(4) (Sections 62A to 62D: interpretation), at the beginning, insert
the word “‘Identity’”.
(11)
In section 172(2) (commencement), substitute for the words “subsection (4)”
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the words “subsections (4) and (4A)”.
(12)
After section 172(4), insert—
“(4A)
Sections 62ZA to 62ZD shall come into force six months after the
passing of the Trespassers on Land (Liability for Damage and Eviction)
Act 2005.”
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3
Register of persons whose identity has been given to a constable
(1)
It shall be the duty of the Secretary of State to establish and maintain a register
of persons who have attained the age of 16 and whose identity has been given
to a constable in accordance with one of the relevant provisions.
(2)
The register is to be established and maintained only for the following
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purposes—
(a)
the exercise of powers of the police and of local authorities under Part
5 of the Criminal Justice and Public Order Act 1994 (c. 33),
(b)
the monitoring by the Secretary of State and authorised persons of the
operation of that Part of that Act, and
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(c)
the monitoring by the Secretary of State and authorised persons of the
extent of trespassing on land with the purpose of residing there by
persons who have previously—
(i)
trespassed on land with the purpose of residing there, or
(ii)
resided on a relevant caravan site.
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(3)
The Schedule (which makes further provision about the register) shall have
effect.
(4)
In this section—
“authorised persons” has the meaning given by Part 1 of the Schedule;
“land” has the meaning given by section 62E(2) of the Criminal Justice and
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Public Order Act 1994;
“relevant caravan site” has the meaning given by section 62A(6) of the
Criminal Justice and Public Order Act 1994;
“relevant provisions” has the meaning given by Part 1 of the Schedule to
this Act;
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“trespassed” and “trespassing” have the meanings given by section 61 of
the Criminal Justice and Public Order Act 1994 in relation to England
and Wales.