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Explanatory Memorandum to Unauthorised Encampments(Northern Ireland) Order 2005

Article 5: Power to remove trespassers: alternative site available

Paragraph (1) creates a power for the most senior police officer at the scene to direct a person to leave land and remove any vehicle or other property with him on that land.

Paragraph (2) sets out the conditions that the police officer must believe are satisfied before he can give a direction.  These are:

  • at least two persons must be trespassing on land;

  • they must have at least one vehicle on the land;

  • they must be present on the land with the intent of residing there;

  • where they have caravans there are relevant caravan sites with suitable pitches available for them to move to;

  • the occupier of the land has asked the police to remove the trespassers.

Paragraphs (4) and (5) create a duty for the police officer to consult various bodies as to whether a suitable pitch exists where a direction to move is given to trespassers who have a caravan.

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