Member

49: After Clause 10, insert the following new Clause— “Repeal of offence for unauthorised encampment in the Criminal Justice and Public Order Act 1994(1) The Criminal Justice and Public Order Act 1994 is amended as follows.(2) Omit section 60C (Offence relating to residing on land without consent in or with a vehicle).(3) Omit section 60D (Offence under section 60C: seizure of property etc).(4) Omit section 60E (Offence under section 60C: forfeiture).(5) In section 61 (power to remove trespassers on land)—(a) in subsection (1)—(i) in paragraph (a), omit sub-paragraphs (i) and (ii), and(ii) at the beginning of paragraph (b) omit “in either case,”,(b) in subsection (4)(b) omit “prohibited period”,(c) omit subsection (4ZA),(d) in subsection (9), in the definition of “land”, in paragraph (b)—(i) in the words before sub-paragraph (i), omit “in Scotland”, and(ii) insert—“(i) a highway unless it falls within the classifications in section 54 of the Wildlife and Countryside Act 1981 (footpath, bridleway or byway open to all traffic or road used as a public path) or is a cycle track under the Highways Act 1980 or Cycle Tracks Act 1984; or”, and”,(e) omit subsection (10).(6) In section 62 (powers to seize property related to offence under section 61)—(a) in subsection (1)(b), omit “prohibited period”;(b) omit subsection (1A).(7) In section 62B(2) (failure to comply with direction under section 62A: offences), for “twelve” substitute “3”.(8) In section 62C(2) (failure to comply with direction under section 62A: seizure), for “twelve” substitute “3”.(9) In section 68(5) (offence of aggravated trespass), omit paragraphs (a) and (aa).(10) Omit section 62F (guidance).”Member’s explanatory statement This would repeal amendments to the Criminal Justice and Public Order Act 1994 made in 2022 in respect of unauthorised encampments, including those on which the High Court has made a Declaration of Incompatibility under section 4 of the Human Rights Act 1998.