Anti-social Behaviour Act 2003

63 Common land: modifications E+W

After section 62C of the Criminal Justice and Public Order Act 1994 (c. 33) (inserted by section 62) insert—

“62D Common land: modifications

(1) In their application to common land sections 62A to 62C have effect with these modifications.

(2) References to trespassing and trespassers have effect as if they were references to acts, and persons doing acts, which constitute—

(a) a trespass as against the occupier, or

(b) an infringement of the commoners' rights.

(3) References to the occupier—

(a) in the case of land to which the public has access, include the local authority and any commoner;

(b) in any other case, include the commoners or any of them.

(4) Subsection (1) 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.

(5) In this section “common land”, “commoner” and “the local authority” have the meanings given by section 61.”

Commencement Information

I1 S. 63 in force at 27.2.2004 by S.I. 2003/3300, art. 3(b)