Part 7

Public order and trespass

Power to remove trespassers: alternative site available
60
After section 62 of the Criminal Justice and Public Order Act 1994 (c. 33) insert—

Power to remove trespassers: alternative site available
62A
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. situated in the area of a local authority within whose area the land is situated, and
  2. managed by a relevant site manager;
- “relevant site manager” means—
  1. a local authority within whose area the land is situated;
  2. 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.
S. 60 in force at 27.2.2004 by S.I. 2003/3300, art. 3(b)