Part VE+W Public Order: [F1Unauthorised encampments and] Collective Trespass or Nuisance on Land

Textual Amendments

F1Words in Pt. 5 heading inserted (E.W.) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 83(2), 208(5)(i)

Powers to remove trespassers on landE+W+S

61 Power to remove trespassers on land.E+W+S

(1)If the senior police officer present at the scene reasonably believes that two or more persons are trespassing on land and are present there with the common purpose of residing there for any period, that reasonable steps have been taken by or on behalf of the occupier to ask them to leave and—

(a)that any of those persons[F2—

(i)in the case of persons trespassing on land in England and Wales, has caused damage, disruption or distress (see subsection (10));

(ii)in the case of persons trespassing on land in Scotland,]

has caused damage to the land or to property on the land or used threatening, abusive or insulting words or behaviour towards the occupier, a member of his family or an employee or agent of his, or

(b)[F3in either case,] that those persons have between them six or more vehicles on the land,

he may direct those persons, or any of them, to leave the land and to remove any vehicles or other property they have with them on the land.

(2)Where the persons in question are reasonably believed by the senior police officer to be persons who were not originally trespassers but have become trespassers on the land, the officer must reasonably believe that the other conditions specified in subsection (1) are satisfied after those persons became trespassers before he can exercise the power conferred by that subsection.

(3)A direction under subsection (1) above, if not communicated to the persons referred to in subsection (1) by the police officer giving the direction, may be communicated to them by any constable at the scene.

(4)If a person knowing that a direction under subsection (1) above has been given which applies to him—

(a)fails to leave the land as soon as reasonably practicable, or

(b)having left again enters the land as a trespasser within the [F4prohibited period] ,

he commits an offence and 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.

[F5(4ZA)The prohibited period is—

(a)in the case of a person trespassing on land in England and Wales, the period of twelve months beginning with the day on which the direction was given;

(b)in the case of a person trespassing on land in Scotland, the period of three months beginning with the day on which the direction was given.]

[F6(4A)Where, as respects Scotland, the reason why these persons have become trespassers is that they have ceased to be entitled to exercise access rights by virtue of—

(a)their having formed the common purpose mentioned in subsection (1) above; or

(b)one or more of the conditions specified in paragraphs (a) and (b) of that subsection having been satisfied,

the circumstances constituting that reason shall be treated, for the purposes of subsection (4) above, as having also occurred after these persons became trespassers.

(4B) In subsection (4A) above “ access rights ” has the meaning given by the Land Reform (Scotland) Act 2003 (asp 2). ]

F7(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)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, or

(b)that he had a reasonable excuse for failing to leave the land as soon as reasonably practicable or, as the case may be, for again entering the land as a trespasser.

(7)In its application in England and Wales to common land this section has effect as if in the preceding subsections of it—

(a)references to trespassing or trespassers were references to acts and persons doing acts which constitute either a trespass as against the occupier or an infringement of the commoners’ rights; and

(b)references to “the occupier” included the commoners or any of them or, in the case of common land to which the public has access, the local authority as well as any commoner.

(8)Subsection (7) above does not—

(a)require action by more than one occupier; or

(b)constitute persons trespassers as against any commoner or the local authority if they are permitted to be there by the other occupier.

(9)In this section—

  • [F8“common land” means common land as defined in section 22 of the Commons Registration Act 1965;]

  • [F8“common land” means—

    (a)

    land registered as common land in a register of common land kept under Part 1 of the Commons Act 2006; and

    (b)

    land to which Part 1 of that Act does not apply and which is subject to rights of common as defined in that Act;]

  • “commoner” means a person with rights of common [F9as defined in section 22 of the M1Commons Registration Act 1965][F9as so defined;];

  • “land” does not include—

(a)buildings other than—

(i)agricultural buildings within the meaning of, in England and Wales, paragraphs 3 to 8 of Schedule 5 to the M2Local Government Finance Act 1988 or, in Scotland, section 7(2) of the M3Valuation and Rating (Scotland) Act 1956, or

(ii)scheduled monuments within the meaning of the M4Ancient Monuments and Archaeological Areas Act 1979;

(b)land [F10in Scotland] forming part of—

F11(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)a road within the meaning of the M5Roads (Scotland) Act 1984 unless it falls within the definitions in section 151(2)(a)(ii) or (b) (footpaths and cycle tracks) of that Act or is a bridleway within the meaning of section 47 of the M6Countryside (Scotland) Act 1967;

  • “the local authority”, in relation to common land, means any local authority which has powers in relation to the land under [F12section 45 of the Commons Act 2006];

  • “occupier” (and in subsection (8) “the other occupier”) means—

(a)in England and Wales, the person entitled to possession of the land by virtue of an estate or interest held by him; and

(b)in Scotland, the person lawfully entitled to natural possession of the land;

  • “property”, in relation to damage to property on land, means—

(a)in England and Wales, property within the meaning of section 10(1) of the M7Criminal Damage Act 1971; and

(b)in Scotland, either—

(i)heritable property other than land; or

(ii)corporeal moveable property,

and “damage” includes the deposit of any substance capable of polluting the land;

  • “trespass” means, in the application of this section—

    (a)

    in England and Wales, subject to the extensions effected by subsection (7) above, trespass as against the occupier of the land;

    (b)

    in Scotland, entering, or as the case may be remaining on, land without lawful authority and without the occupier’s consent; and

  • “trespassing” and “trespasser” shall be construed accordingly;

  • “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, and any load carried by, and anything attached to, such a vehicle; and

(b)a caravan as defined in section 29(1) of the M8Caravan Sites and Control of Development Act 1960;

and a person may be regarded for the purposes of this section as having a purpose of residing in a place notwithstanding that he has a home elsewhere.

[F13(10)For the purposes of subsection (1)(a)(i)—

  • “damage” includes—

    (a)

    damage to the land;

    (b)

    damage to any property on the land not belonging to the persons trespassing;

    (c)

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

  • “disruption” includes an 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;

  • “distress” means distress caused by—

    (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 representation that is threatening, abusive or insulting.]

Textual Amendments

F8Words in s. 61(9) substituted (31.10.2011 for E.) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 5(a) (with s. 60); S.I. 2011/2460, art. 2(a)(i) (with art. 3)

F9Words in s. 61(9) substituted (31.10.2011 for E.) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 5(b) (with s. 60); S.I. 2011/2460, art. 2(a)(i) (with art. 3)

F12Words in s. 61(9) substituted (31.10.2011 for E., 30.9.2021 for W.) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 5(c) (with s. 60); S.I. 2011/2460, art. 2(a)(i) (with art. 3); S.I. 2021/1015, art. 2(b)

Marginal Citations