Part V Public Order: Collective Trespass or Nuisance on Land

Powers to remove trespassers on land

62AF1Power 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;

c

that the trespassers are present on the land with the common purpose of residing there for any period;

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 suitable 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

Subsection (5) applies if—

a

a police officer proposes to give a direction under subsection (1) in relation to a person and land, and

b

it appears to him that the person has one or more caravans in his possession or under his control on the land.

5

The officer must consult every local authority within whose area the land is situated as to whether there is a suitable pitch for the caravan or each of the caravans on a relevant caravan site which is situated in the local authority’s area.

6

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—

    1. a

      situated in the area of a local authority within whose area the land is situated, and

    2. b

      managed by a relevant site manager;

  • “relevant site manager” means—

    1. a

      a local authority within whose area the land is situated;

    2. 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.

7

The Secretary of State may by order amend the definition of “relevant site manager” in subsection (6) by adding a person or description of person.

8

An order under subsection (7) must be made by statutory instrument and is subject to annulment in pursuance of a resolution of either House of Parliament.