Search Legislation

Anti-social Behaviour Act 2003

Status:

This is the original version (as it was originally enacted).

60Power to remove trespassers: alternative site available

This section has no associated Explanatory Notes

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

62APower 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—

    (a)

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

    (b)

    managed by a relevant site manager;

  • “relevant site manager” means—

    (a)

    a local authority within whose area the land is situated;

    (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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources