Anti-social Behaviour Act 2003 (c. 38)

(The document as of February, 2008)

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(11) This subsection applies to any relevant Crown land which is occupied for naval, military or air force purposes.

(12) This subsection applies to any relevant land of a statutory undertaker in relation to which the Secretary of State has specified, by order, that it is requisite or expedient that, in the national interest, subsection (9) above should not apply. "

(2) The reference to the Environmental Protection Act 1990 (c. 43) in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/ 672) is to be treated as referring to that Act as amended by this section.

Part 7 Public order and trespass

57 Public assemblies

In section 16 of the Public Order Act 1986 (c. 64) (which defines "public assembly" for the purposes of the power in section 14 of that Act to impose conditions on public assemblies), in the definition of "public assembly" for "20" substitute "2".

58 Raves

(1) Section 63 of the Criminal Justice and Public Order Act 1994 (c. 33) (powers in relation to raves) is amended as follows.

(2) In subsection (1) for "100" substitute "20".

(3) After subsection (1) insert--

" (1A) This section also applies to a gathering if--

(a) it is a gathering on land of 20 or more persons who are trespassing on the land; and

(b) it would be a gathering of a kind mentioned in subsection (1) above if it took place on land in the open air. "

(4) In subsection (2) omit "in the open air".

(5) In subsection (7) for "this section" substitute "subsection (6) above".

(6) After subsection (7) insert--

" (7A) A person commits an offence if--

(a) he knows that a direction under subsection (2) above has been given which applies to him, and

(b) he makes preparations for or attends a gathering to which this section applies within the period of 24 hours starting when the direction was given.

(7B) A person guilty of an offence under subsection (7A) above is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both. "

59 Aggravated trespass

(1) The Criminal Justice and Public Order Act 1994 is amended as follows.

(2) In section 68 (offence of aggravated trespass), in subsection (1) (which defines the offence by reference to trespass on land in the open air and lawful activity on land in the open air) omit "in the open air" in both places where those words appear.

(3) In section 69 (powers to remove persons committing or participating in aggravated trespass), in subsection (1) (which confers the power by reference to trespass on land in the open air) omit "in the open air" in both places where those words appear.

60 Power to remove trespassers: alternative site available

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

" 62A Power 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;

(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. "

61 Failure to comply with direction: offences

After section 62A of the Criminal Justice and Public Order Act 1994 (c. 33) (inserted by section 60) insert--

" 62B Failure to comply with direction under section 62A: offences

(1) A person commits an offence if he knows that a direction under section 62A(1) has been given which applies to him and--

(a) he fails to leave the relevant land as soon as reasonably practicable,or

(b) he enters any land in the area of the relevant local authority as a trespasser before the end of the relevant period with the intention of residing there.

(2) The relevant period is the period of 3 months starting with the day on which the direction is given.

(3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.

(4) A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.

(5) In proceedings for an offence under this section it is a defence for the accused to show--

(a) that he was not trespassing on the land in respect of which he is alleged to have committed the offence, or

(b) that he had a reasonable excuse--

(i) for failing to leave the relevant land as soon as reasonably practicable, or

(ii) for entering land in the area of the relevant local authority as a trespasser with the intention of residing there, or

(c) that, at the time the direction was given, he was under the age of 18 years and was residing with his parent or guardian. "

62 Failure to comply with direction: seizure

(1) After section 62B of the Criminal Justice and Public Order Act 1994 (inserted by section 61) insert--

" 62C Failure to comply with direction under section 62A: seizure

(1) This section applies if a direction has been given under section 62A(1) and a constable reasonably suspects that a person to whom the direction applies has, without reasonable excuse--

(a) failed to remove any vehicle on the relevant land which appears to the constable to belong to him or to be in his possession or under his control; or

(b) entered any land in the area of the relevant local authority as a trespasser with a vehicle before the end of the relevant period with the intention of residing there.

(2) The relevant period is the period of 3 months starting with the day on which the direction is given.

(3) The constable may seize and remove the vehicle. "

(2) In section 67(1) (retention and charges for seized vehicles) after "section 62(1)" insert ", 62C(3)".

63 Common land: modifications

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. "

64 Interpretation

After section 62D of the Criminal Justice and Public Order Act 1994 (inserted by section 63) insert--

" 62E Sections 62A to 62D: interpretation

(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;

(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;

(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. "

Part 8 High hedges

Introductory

65 Complaints to which this Part applies

(1) This Part applies to a complaint which--

(a) is made for the purposes of this Part by an owner or occupier of a domestic property; and

(b) alleges that his reasonable enjoyment of that property is being adversely affected by the height of a high hedge situated on land owned or occupied by another person.

(2) This Part also applies to a complaint which--

(a) is made for the purposes of this Part by an owner of a domestic property that is for the time being unoccupied, and

(b) alleges that the reasonable enjoyment of that property by a prospective occupier of that property would be adversely affected by the height of a high hedge situated on land owned or occupied by another person,

as it applies to a complaint falling within subsection (1).

(3) In relation to a complaint falling within subsection (2), references in sections 68 and 69 to the effect of the height of a high hedge on the complainant's reasonable enjoyment of a domestic property shall be read as references to the effect that it would have on the reasonable enjoyment of that property by a prospective occupier of the property.

(4) This Part does not apply to complaints about the effect of the roots of a high hedge.

(5) In this Part, in relation to a complaint --

"complainant" means--
(a)
a person by whom the complaint is made; or
(b)
if every person who made the complaint ceases to be an owner or occupier of the domestic property specified in the complaint, any other person who is for the time being an owner or occupier of that property;

and references to the complainant include references to one or more of the complainants;
"the neighbouring land" means the land on which the high hedge is situated; and
"the relevant authority" means the local authority in whose area that land is situated.

66 High hedges

(1) In this Part "high hedge" means so much of a barrier to light or access as--

(a) is formed wholly or predominantly by a line of two or more evergreens; and

(b) rises to a height of more than two metres above ground level.

(2) For the purposes of subsection (1) a line of evergreens is not to be regarded as forming a barrier to light or access if the existence of gaps significantly affects its overall effect as such a barrier at heights of more than two metres above ground level.

(3) In this section "evergreen" means an evergreen tree or shrub or a semi-evergreen tree or shrub.

67 Domestic property

(1) In this Part "domestic property" means--

(a) a dwelling; or

(b) a garden or yard which is used and enjoyed wholly or mainly in connection with a dwelling.

(2) In subsection (1) "dwelling" means any building or part of a building occupied, or intended to be occupied, as a separate dwelling.

(3) A reference in this Part to a person's reasonable enjoyment of domestic property includes a reference to his reasonable enjoyment of a part of the property.

Complaints procedure

68 Procedure for dealing with complaints

(1) This section has effect where a complaint to which this Part applies--

(a) is made to the relevant authority; and

(b) is accompanied by such fee (if any) as the authority may determine.

(2) If the authority consider--

(a) that the complainant has not taken all reasonable steps to resolve the matters complained of without proceeding by way of such a complaint to the authority, or

(b) that the complaint is frivolous or vexatious,

the authority may decide that the complaint should not be proceeded with.

(3) If the authority do not so decide, they must decide--

(a) whether the height of the high hedge specified in the complaint is adversely affecting the complainant's reasonable enjoyment of the domestic property so specified; and

(b) if so, what action (if any) should be taken in relation to that hedge, in pursuance of a remedial notice under section 69, with a view to remedying the adverse effect or preventing its recurrence.

(4) If the authority decide under subsection (3) that action should be taken as mentioned in paragraph (b) of that subsection, they must as soon as is reasonably practicable--

(a) issue a remedial notice under section 69 implementing their decision;

(b) send a copy of that notice to the following persons, namely--

(i) every complainant; and

(ii) every owner and every occupier of the neighbouring land; and

(5) If the authority--

(a) decide that the complaint should not be proceeded with, or

(b) decide either or both of the issues specified in subsection (3) otherwise than in the complainant's favour,

they must as soon as is reasonably practicable notify the appropriate person or persons of any such decision and of their reasons for it.

(6) For the purposes of subsection (5)--

(a) every complainant is an appropriate person in relation to a decision falling within paragraph (a) or (b) of that subsection; and

(b) every owner and every occupier of the neighbouring land is an appropriate person in relation to a decision falling within paragraph (b) of that subsection.

(7) A fee determined under subsection (1)(b) must not exceed the amount prescribed in regulations made--

(a) in relation to complaints relating to hedges situated in England, by the Secretary of State; and

(b) in relation to complaints relating to hedges situated in Wales, by the National Assembly for Wales.

(8) A fee received by a local authority by virtue of subsection (1)(b) may be refunded by them in such circumstances and to such extent as they may determine.

69 Remedial notices

(1) For the purposes of this Part a remedial notice is a notice--

(a) issued by the relevant authority in respect of a complaint to which this Part applies; and

(b) stating the matters mentioned in subsection (2).

(2) Those matters are--

(a) that a complaint has been made to the authority under this Part about a high hedge specified in the notice which is situated on land so specified;

(b) that the authority have decided that the height of that hedge is adversely affecting the complainant's reasonable enjoyment of the domestic property specified in the notice;

(d) any preventative action that they consider must be taken in relation to that hedge at times following the end of that period while the hedge remains on the land; and

(e) the consequences under sections 75 and 77 of a failure to comply with the notice.

(3) The action specified in a remedial notice is not to require or involve--

(a) a reduction in the height of the hedge to less than two metres above ground level; or

(b) the removal of the hedge.

(4) A remedial notice shall take effect on its operative date.

(5) "The operative date" of a remedial notice is such date (falling at least 28 days after that on which the notice is issued) as is specified in the notice as the date on which it is to take effect.

(6) "The compliance period" in the case of a remedial notice is such reasonable period as is specified in the notice for the purposes of subsection (2)(c) as the period within which the action so specified is to be taken; and that period shall begin with the operative date of the notice.

(7) Subsections (4) to (6) have effect in relation to a remedial notice subject to--

(a) the exercise of any power of the relevant authority under section 70; and

(b) the operation of sections 71 to 73 in relation to the notice.

(8) While a remedial notice has effect, the notice--

(a) shall be a local land charge; and

(b) shall be binding on every person who is for the time being an owner or occupier of the land specified in the notice as the land where the hedge in question is situated.

(9) In this Part--

"initial action" means remedial action or preventative action, or both;
"remedial action" means action to remedy the adverse effect of the height of the hedge on the complainant's reasonable enjoyment of the domestic property in respect of which the complaint was made; and
"preventative action" means action to prevent the recurrence of the adverse effect.

70 Withdrawal or relaxation of requirements of remedial notices

(1) The relevant authority may--

(a) withdraw a remedial notice issued by them; or

(b) waive or relax a requirement of a remedial notice so issued.

(2) The powers conferred by this section are exercisable both before and after a remedial notice has taken effect.

(3) Where the relevant authority exercise the powers conferred by this section, they must give notice of what they have done to--

(a) every complainant; and

(b) every owner and every occupier of the neighbouring land.

(4) The withdrawal of a remedial notice does not affect the power of the relevant authority to issue a further remedial notice in respect of the same hedge.

Appeals

71 Appeals against remedial notices and other decisions of relevant authorities

(1) Where the relevant authority--

(a) issue a remedial notice,

(b) withdraw such a notice, or

each of the persons falling within subsection (2) may appeal to the appeal authority against the issue or withdrawal of the notice or (as the case may be) the waiver or relaxation of its requirements.

(2) Those persons are--

(a) every person who is a complainant in relation to the complaint by reference to which the notice was given; and

(b) every person who is an owner or occupier of the neighbouring land.

(3) Where the relevant authority decide either or both of the issues specified in section 68(3) otherwise than in the complainant's favour, the complainant may appeal to the appeal authority against the decision.

(4) An appeal under this section must be made before--

(a) the end of the period of 28 days beginning with the relevant date; or

(b) such later time as the appeal authority may allow.

(5) In subsection (4) "the relevant date"--

(a) in the case of an appeal against the issue of a remedial notice, means the date on which the notice was issued; and

(b) in the case of any other appeal under this section, means the date of the notification given by the relevant authority under section 68 or 70 of the decision in question.

(6) Where an appeal is duly made under subsection (1), the notice or (as the case may be) withdrawal, waiver or relaxation in question shall not have effect pending the final determination or withdrawal of the appeal.

(7) In this Part "the appeal authority" means--

(a) in relation to appeals relating to hedges situated in England, the Secretary of State; and

(b) in relation to appeals relating to hedges situated in Wales, the National Assembly for Wales.

72 Appeals procedure

(1) The appeal authority may by regulations make provision with respect to--

(a) the procedure which is to be followed in connection with appeals to that authority under section 71; and

(b) other matters consequential on or connected with such appeals.

(2) Regulations under this section may, in particular, make provision--

(a) specifying the grounds on which appeals may be made;

(b) prescribing the manner in which appeals are to be made;

(c) requiring persons making appeals to send copies of such documents as may be prescribed to such persons as may be prescribed;

(d) requiring local authorities against whose decisions appeals are made to send to the appeal authority such documents as may be prescribed;

(e) specifying, where a local authority are required by virtue of paragraph (d) to send the appeal authority a statement indicating the submissions which they propose to put forward on the appeal, the matters to be included in such a statement;

(f) prescribing the period within which a requirement imposed by the regulations is to be complied with;

(g) enabling such a period to be extended by the appeal authority;

(h) for a decision on an appeal to be binding on persons falling within section 71(2) in addition to the person by whom the appeal was made;

(i) for incidental or ancillary matters, including the awarding of costs.

(3) Where an appeal is made to the appeal authority under section 71 the appeal authority may appoint a person to hear and determine the appeal on its behalf.

(4) The appeal authority may require such a person to exercise on its behalf any functions which--

(a) are conferred on the appeal authority in connection with such an appeal by section 71 or 73 or by regulations under this section; and

(b) are specified in that person's appointment;

and references to the appeal authority in section 71 or 73 or in any regulations under this section shall be construed accordingly.

(5) The appeal authority may pay a person appointed under subsection (3) such remuneration as it may determine.

(6) Regulations under this section may provide for any provision of Schedule 20 to the Environment Act 1995 (c. 25) (delegation of appellate functions) to apply in relation to a person appointed under subsection (3) with such modifications (if any) as may be prescribed.

(7) In this section, "prescribed" means prescribed by regulations made by the appeal authority.

73 Determination or withdrawal of appeals

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