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Part VE+W+S+N.I. Public Order: Collective Trespass or Nuisance on Land

Powers to remove trespassers on landE+W+S

[F162ESections 62A to 62D: interpretationE+W

(1)Subsections (2) to (8) apply for the interpretation of sections 62A to 62D and this section.

(2)Land” does not include buildings other than—

(a)agricultural buildings within the meaning of paragraphs 3 to 8 of Schedule 5 to the Local Government Finance Act 1988, or

(b)scheduled monuments within the meaning of the Ancient Monuments and Archaeological Areas Act 1979.

(3)Local authority” means—

(a)in Greater London, a London borough or the Common Council of the City of London;

(b)in England outside Greater London, a county council, a district council or the Council of the Isles of Scilly;

(c)in Wales, a county council or a county borough council.

(4)Occupier”, “trespass”, “trespassing” and “trespasser” have the meanings given by section 61 in relation to England and Wales.

(5)The relevant land” means the land in respect of which a direction under section 62A(1) is given.

(6)The relevant local authority” means—

(a)if the relevant land is situated in the area of more than one local authority (but is not in the Isles of Scilly), the district council or county borough council within whose area the relevant land is situated;

(b)if the relevant land is situated in the Isles of Scilly, the Council of the Isles of Scilly;

(c)in any other case, the local authority within whose area the relevant land is situated.

(7)Vehicle” has the meaning given by section 61.

(8)A person may be regarded as having a purpose of residing in a place even if he has a home elsewhere.]

Annotations:

Amendments (Textual)

F1S. 62E inserted (E.W.) (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 64, 93; S.I. 2003/3300, art. 3(b)