Member

We have also had some discussion, which I just want to touch on briefly, about the term “occupier” and whether that covers memorials which are not just statues but buildings such as halls of memory. The terms “owner” and “occupier” take their usual legal meaning, whereby the occupier may be in possession of the memorial or the land on which the site is positioned but not the legal owner: for example, a tenant who has permission to use the land on which the memorial is situated and has responsibility for maintaining the memorial. Some statues are privately owned. Where the statue is on public land, there may not be a clear owner. The occupier could, for example, be a local authority in that case. The defences would cover, for example, a contractor appointed by the owner to clean and repair a memorial, to climb on the memorial for those purposes. Under Clause 122,