Anti-social Behaviour Bill — 3 Nov 2003 at 19:29
[Amendment No. 104A not moved.]
Clause 64 [Aggravated trespass]:
moved Amendment No. 105:
Page 49, line 32, leave out subsection (2) and insert-
"(2) In section 68 (offence of aggravated trespass) the following subsections shall be substituted for subsections (1) and (2)-
"(1) A person commits the offence of aggravated trespass if he trespasses on land and, in relation to any lawful activity on or taking place on that or adjoining land does there anything which is intended by him to have the effect-
(a) of intimidating those persons or any of them so as to deter them or any of them from engaging in that activity,
(b) of obstructing that activity, or
(c) of disrupting that activity.
(2) Activity on any occasion on the part of a person or persons on land is "lawful" for the purposes of this section if he or they may engage in the activity on the land without committing an offence or trespassing on the land, and for the purpose of subsection (1)(b) and (c) above, the offence may be committed whether or not the person or persons who may engage in the lawful activity are physically present on the land when a person does anything intended by him to have the effects referred to in those subsections.""
On Question, Whether the said amendment (No. 105) shall be agreed to?
Their Lordships divided: Contents, 58; Not-Contents, 133.
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