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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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General and final provisions

4       

Orders and regulations

(1)   

The power of the Secretary of State to make orders and regulations under this

Act is exercisable by statutory instrument.

(2)   

No statutory instrument to which subsection (3) applies may be made unless a

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draft of the instrument has been laid before and approved by each House of

Parliament.

(3)   

This subsection applies to orders and regulations made under paragraphs 3

and 6 of the Schedule.

(4)   

A statutory instrument made under this Act to which subsection (3) does not

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apply is subject to annulment in pursuance of a resolution of either House of

Parliament.

5       

Expenses

There shall be paid out of money provided by Parliament

(a)   

any expenditure incurred by the Secretary of State in consequence of this Act,

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and

(b)   

any increase attributable to this Act in the sums which are payable out of

money so provided under any other Act.

6       

Short title, commencement and extent

(1)   

This Act may be cited as the Trespassers on Land (Liability for Damage and

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Eviction) Act 2005.

(2)   

This Act shall come into force six months after the day on which it is passed.

(3)   

This Act extends to England and Wales only.

 
 

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Trespassers on Land (Liability for Damage and Eviction) Bill
Schedule — Register of persons whose identity has been given to a constable
Part 2 — General provisions about information held on the register

 

Schedule

Section 3

 

Register of persons whose identity has been given to a constable

Part 1

Meaning of terms

Meaning of “relevant provisions”

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1          

For the purposes of section 3(1), the “relevant provisions” are—

(a)   

section 61(3A) of the Criminal Justice and Public Order Act 1994

(c. 33),

(b)   

section 62ZA(4) of that Act (which applies the provisions of section

61(3A) to directions given under section 62ZA(1) and (3)), and

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(c)   

section 62A(3A) of that Act.

Meaning of “authorised persons”

2          

For the purposes of section 3(2) and of this Schedule, the “authorised

persons” are—

(a)   

the Secretary of State,

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(b)   

a police officer of at least the rank of superintendent,

(c)   

an officer of a local authority who holds the position of deputy chief

officer (within the meaning of section 2(8) of the Local Government

and Housing Act 1989 (c. 42)) or a position of greater seniority than

deputy chief officer, and

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(d)   

persons holding an office or employment the duties of which relate,

in whole or in part, to the establishment or maintenance of the

register.

Power to amend paragraphs 1 and 2

3          

The Secretary of State may by order amend paragraphs 1 and 2.

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Part 2

General provisions about information held on the register

Making of entries in the register

4          

The Secretary of State shall by regulations prescribe—

(a)   

the means by which a constable shall inform the Secretary of State of

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the identity of a person that has been given to him under a relevant

provision, and

(b)   

the manner in which information so provided shall be entered in the

register.

 

 

Trespassers on Land (Liability for Damage and Eviction) Bill
Schedule — Register of persons whose identity has been given to a constable
Part 2 — General provisions about information held on the register

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Access to information in the register

5          

The Secretary of State shall by regulations prescribe the manner in which

information contained in the register is to be made available to authorised

persons for the purposes specified in section 3(2).

Unauthorised disclosure of information and tampering

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6          

The Secretary of State may by regulations prescribe—

(a)   

circumstances where a person is guilty of an offence if he discloses

information in the register without being duly authorised do so or

tampers with the register, and

(b)   

penalties in respect of an offence so prescribed.

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Revised 13 January 2005