The road to nowhere?
Second edition: January 1996
Peter Gray
This publication is anti-copyright and is published and distributed without profit as a public service. Please copy and re-distribute as required. The law in this book is that applicable in England and Wales as at 1st January 1996. Scottish law may be different.
I would like to thank all the people whose material I have used or who have helped in the preparation of this book, including Road Alert!, David Plumstead, Trevor Parsons, the Royal Society for the Protection of Birds, Gordon Selway and Paul Mobbs.
The contents of this book are entirely my own responsibility, and do not necessarily represent the views of the above-mentioned people and organisations, or of any organisation with which I may be affiliated.
PETER GRAY
"Basic law for road protestors" means exactly what it says. It is not a comprehensive statement of the law, and if in doubt about your legal rights you should consult a solicitor. However, it is an outline of the legal problems which a road protestor is most likely to come up against. The legal issues are set out in roughly the order in which you are likely to encounter them, from the public inquiry into a road proposal, right down to your likely sentence in court if you break the law. Copies of legal materials have been included as appendices, for reference.
This book is only about the law, but there is a lot more to protesting about roads than knowing the law. Getting public opinion and the media on your side, communications and bender-building are all important, but you won't find anything about them in this book, because I can't cover everything.
Many people today are opposed to roadbuilding, but people vary in the lengths to which they will go to try to stop a road scheme. Some people will make representations at a public inquiry, but will not break the law. Others will risk arrest, but will plead guilty and accept a caution. A small number of people will be prepared to go to prison. How far you go is largely a matter of your personal choice. Nothing in this book should be interpreted as an incitement to break the law, or to recommend one course of action rather than another. This book's purpose is to tell you what the law is, so that you can make your own informed choice.
All actions and demonstrations should be non-violent. Nobody should get hurt - and that includes police officers and site employees as well as protestors. I do not accept the excuse that people are "provoked by the police" into violence. Everyone should have sufficient self-control not to be provoked: if you haven't, you shouldn't be on an action in the first place.
Any references in this book to "he" mean "he or she". This is not sexist: I just want to save paper and ink.
Information is power. I hope that after reading this book, people will feel more empowered than they did before.
PETER GRAY
Our laws, even controversial and unpopular ones such as the Poll Tax law and the CJA, are an expression of the will of the people. The electorate elect their MPs on the basis of their manifesto commitments, and the MPs then pass Acts of Parliament and SIs to enable them to carry out their political programmes.
Similarly, a road scheme which has passed a public inquiry is an expression of the will of the people. The inquiry is held according to rules passed by democratically elected MPs, the public are allowed to make representations at the inquiry, the inspector's recommendation is accepted by a democratically elected Secretary of State for Transport, and the road scheme is paid for by democratically raised taxes as part of a roads programme which the electorate voted for.
Generally speaking, people should obey the law, because if they did not, we would have chaos and society would not function. On the face of it, therefore, it does not seem democratic or justifiable to take unlawful action to oppose a road scheme. And yet there are arguments on the other side.
If society has been misled as to the true costs and benefits of a road scheme - for example, if people have been told that a road will prevent congestion, create jobs and benefit the environment, when it will do none of those things - then the decision to build the road is flawed.
Also, if an individual road, or the roads programme in general, will cause permanent damage to the environment, one should take into account the needs and wishes of future generations, who do not have a vote in our electoral system. If we decide, collectively, to destroy areas of outstanding natural beauty, make species extinct, raise the temperature of the planet, destroy the ozone layer or use up the oil reserves, then even if we make those decisions lawfully and democratically, we may still not be morally justified in taking those actions.
Many of our fundamental civil rights have come about, at least in part, because people were prepared to defy the laws of their time. For example, within living memory suffragettes broke the law in order to highlight the injustice of denying women the vote.
In practice, in 95% of cases the inspector recommends that the road should be built, and the Secretary of State agrees.
Despite its name, a public inquiry is not very user-friendly to the public. The atmosphere is intimidating to people who are shy about speaking in public. There are large numbers of lengthy documents put before the inquiry, which most people do not have time to read, and might not understand even if they did. The lawyers and experts for the Highways Agency or County Council proposing the scheme are better trained and appear to be more knowledgeable than the average member of the public. The inquiry usually sits during the daytime, which means that people who have jobs will find it difficult to attend. And the inquiry can go on for months, which means that only those who are able to attend for the whole of the inquiry are able to build up a complete picture of the evidence which has been given. In practice, the only people who attend for the whole of the inquiry are the proposers of the road scheme and the inspector.
Despite these drawbacks, it is worth attending the inquiry and making representations, because it is an opportunity to make your views known.
The Department of Transport (DoT) publishes a blue booklet entitled "Public inquiries into road proposals - what you need to know." It is available free from the Highways Agency (see address list at Appendix 16). It is worth reading this, but please bear in mind that it is what the DoT wants you to know about public inquiries, which is not necessarily the same thing as what you need to know about them.
For reference, you will need a copy of the official rules of the inquiry. The most likely set of rules for a road inquiry is the Highways (Inquiries Procedure) Rules 1994 (SI 1994 No. 3263). This is available from libraries and HMSO, and a copy is reproduced at Appendix 1.
In certain circumstances, other sets of rules may apply. These are:
If you own land which is directly affected by the proposed road, you are a "statutory objector" and you have a right to be notified of the inquiry and to make representations at it. Any other person may only make representations at the discretion of the inspector: however, as long as you have something relevant to say, the inspector will usually allow you to say it.
There may be a pre-inquiry meeting, which is mainly to set a provisional timetable for the inquiry. You should attend, let the inspector know your dates of availability and how long you are likely to need to present your case, and ask for as many evening sessions as possible so that working people have the chance to make representations outside working hours. It will also boost your confidence if your own supporters can attend on the day you present your case.
You should have a reasonable opportunity to inspect and take copies of the documents to be put before the inquiry. A photocopier should be made available. There will probably be dozens of documents, including draft orders, witness proofs of evidence, statements of reasons, environmental statements, and supplementary statements prepared during the inquiry.
You may (at the inspector's discretion) call witnesses to give evidence on your behalf, or cross-examine the other side's witnesses. You may also (at the inspector's discretion) put in a written statement instead of making a speech at the inquiry.
The rules of the inquiry say that representatives of government departments shall not be required "to answer any question which in the opinion of the inspector is directed to the merits of government policy." This is usually interpreted to mean "no person shall make any statements which are directed to the merits of government policy." However, the interpretation of this rule is a grey area. A statement to the effect that we should divert money from roadbuilding to public transport is clearly directed towards government policy, and would be disallowed. A question asking for clarification of what Government policy is, should be allowed, because it is not questioning the merits.
Challenges to the accuracy or methodology of traffic forecast figures have sometimes been regarded as directed towards Government policy, on the ground that it is Government policy to use certain forecasting methods, but in my view this is an incorrect interpretation of the rule, and such questions should be allowed. If in doubt, ask the question, and be prepared to justify to the inspector why it does not breach the rules and should be allowed. There must be sensible limits as to what is considered to be government policy and what is not. For example, if one takes the view that it is government policy to build the road, then the whole inquiry is directed towards government policy and should be disallowed.
The order of speakers at the inquiry is at the inspector's discretion, but is likely to be as follows. The promoters (Highways Agency or County Council) will present their case first. Their lawyer will make an opening speech, after which they will call expert witnesses, who are likely to give evidence on:
When all the evidence has been heard, each statutory objector will be invited to make a closing speech, summing up the evidence favourable to his position. The promoting authority goes last.
If you want to propose an alternative route, you should think it out carefully and give rough details of your proposed route to the DoT at least 14 days before the inquiry, otherwise it will not be considered. You should also be prepared to back up your proposal with evidence at the inquiry, and be cross-examined on it.
Some practical points: stand up when speaking (unless the inspector invites you to sit down) and address the inspector as "Sir". Don't speak out of turn, or interrupt other people when they are speaking, because the inspector may ask you to leave. Conversely, of course, don't allow anyone other than the inspector to interrupt you. The inspector may stop you if he feels that you are being irrelevant, discussing Government policy or saying something which someone else has already said earlier in the inquiry. Try to stay cool, calm and polite (which may be difficult).
It is worth trying to cross-examine the other side's expert witnesses, but it is difficult to do this effectively. You will need to know both their case and your own inside-out, and preferably have had some practice in cross-examination technique at a workshop beforehand. Experts rarely say things which are obviously incorrect - they would be too easily found out - but they can manipulate a case in other ways. They can omit information which is inconvenient, or pass off opinion as fact, or use jargon to cover up muddled thinking, or make estimates without indicating what the margin of error is.
Remember that however "expert" the expert appears to be, if he is supporting the road, then he has come to the wrong conclusion, so there must be flaws in his reasoning somewhere.
Good cross-examination technique involves asking "closed" or "leading" questions rather than "open" questions. An example of an "open" question is "Is this an accurate estimate of traffic flow" to which the expert will naturally answer "yes", which won't get you very far. It is better to put him on the spot by asking a "leading" question, such as "Taking induced traffic into account, traffic flows could be 50% higher than those you have predicted, couldn't they?" to which the expert will have to come up with a sensible answer or risk sounding evasive.
In a good cross-examination you should "put your own case" to the other side, rather than just ask them questions.
If you are calling a witness to give evidence on your behalf, the opposite rule applies, and you must not "lead" them, but ask them open-ended questions and allow them to give their evidence in their own words.
When the inquiry is over, it will probably take several months for the inspector to write his report and for the Secretary of State for Transport to consider it. The decision will then be notified to the promoting authority, the statutory objectors, and you if you specifically ask at the inquiry to be notified.
If new evidence arises between the close of the inquiry and the Secretary of State's decision, you should notify the Secretary of State by writing him a letter or sending him a post-inquiry proof of evidence. If the new evidence is sufficiently compelling, it may cause him to come to a different decision to the inspector, or ask for the inquiry to be reopened. You should make it clear to him what you want him to do.
The Secretary of State's decision is normally final, but if there has been any material irregularity in the conduct of the inquiry it may be possible to challenge it in the High Court by way of judicial review. This is very difficult and expensive and should not be attempted unless you are sure of your grounds.
This has implications for the environment. For example, if one country uses a manufacturing process which is cheap and environmentally damaging, and another country uses a process which is expensive and clean, then the first country would have an unfair economic advantage over the second, at the expense of the environment. EC law aims to prevent this, but how successful it is in doing this is open to debate.
An enormous amount of EC law flows out of Brussels each year. When collected together, a year's output is similar in size to the Encyclopaedia Britannica. There are four particularly important pieces of EC law as far as road protestors are concerned: the Birds Directive, Environmental Impact Assessment Directive, Access to Environmental Information Directive and Habitats Directive. These are all EC Council Directives, which do not have direct or immediate effect in UK law, but must be given effect by the UK Parliament passing a piece of legislation: either an Act of Parliament or a Statutory Instrument. An EC Directive usually specifies a time limit within which this must be done.
The UK government has been persistently slow and reluctant to implement EC environmental law. It is therefore possible that the UK legislation which purports to give effect to the EC law does not, in fact, do so in its entirety. If there is a conflict between EC and UK law, environmental campaigners should rely on the wording of the original EC Directives. I have therefore reproduced these as appendices to this book, but not the corresponding UK legislation.
If the letter or the spirit of any of the directives appears to have been breached, environmental campaigners should protest immediately to the Highways Agency or Council promoting the scheme, the inspector of the inquiry, and the European Commission.
Birds Directive
The full title of this Directive is "Council Directive of 2nd April 1979 on the conservation of wild birds (79/409/EEC)." It was notified to member states on 6th April 1979, and was published in the Official Journal of the European Communities on 25th April 1979, page L103/1. The time limit for giving effect to it was two years from the date of notification. It was brought into UK law by the Wildlife and Countryside Act 1981. The provisions of this Act relating to birds came into force in September 1982, over a year after the deadline set by the EC Council.
This Directive was made in response to concern about the declining numbers of many wild bird species throughout the EC. It sets out measures which should be taken to protect all wild birds, and in particular certain named species which are considered to be particularly vulnerable. Measures include a prohibition on killing birds, selling birds, destroying or removing nests and eggs, disturbing birds, particularly in the breeding season, and conserving their habitats.
The main parts of the Directive which concern road protestors are those relating to habitat conservation, which are contained in Articles 1 to 4 and Annex 1. I have therefore reproduced these as Appendix 2.
The original Birds Directive was amended in 1991 by the replacement of Annex 1 (the list of birds needing special conservation measures) and again in 1995, by adding another seven species. The original Annex 1 listed 74 species: the new Annex 1 (as amended) lists 182 species. All of the species which were in need of special conservation measures in 1979 are still in need of special conservation measures today. This suggests that environmental damage is not improving, and is probably worsening.
Environmental Impact Assessment Directive
The full title of this Directive is "Council Directive 85/337 of June 27th 1985, on the Assessment of the Effects of Certain Public and Private Projects on the Environment." It was notified to members states on 3rd July 1985, and published in the Official Journal of the European Communities on 5th July 1995, page L 175/40. The time limit for giving effect to it was three years from the date of publication. It was brought into UK law, as far as roads are concerned, by the Highways (Assessment of Environmental Effects) Regulations 1988 (SI 1988/1241). This came into force on 21st July 1988, over two weeks after the deadline set by the EC Council.
This is arguably the most important of the three Directives, and is reproduced in full at Appendix 3. It requires member states to conduct and publish an environmental impact assessment (EIA) on projects which are likely to have significant effects on the environment. The EIA must identify, describe and assess the direct and indirect effects of a project on the following factors:
Environmental campaigners should ensure that any EIA meets the requirements of the Directive. If the EIA appears to be inadequate in any respect, this should be brought to the attention of the Highways Agency or Council promoting the road, the inspector of the inquiry and the European Commission. An EIA would probably not be judged inadequate solely on account of minor errors or omissions - no assessment is ever perfect - but it would be inadequate if there was a major error or omission which was likely to materially affect the outcome of the inquiry.
Possible remedies for an inadequate EIA include:
At the end of the day, the protection afforded to the environment by an EIA is relatively limited. A scheme may be proposed which is very environmentally damaging, but provided its damaging effects have been properly set out in the EIA, and properly considered at the inquiry, it can still be implemented.
Access to Environmental Information Directive
The full title of this Directive is "Council Directive of 7th June 1990 on the freedom of access to information on the environment (90/313/EEC)." It was published in the Official Journal of the European Communities on 23rd June 1990, page L 158/56. The time limit for giving effect it was by 31st December 1992. I have been unable to find any single piece of UK legislation which brought it into effect: it seems to have come into effect piecemeal at various times under various provisions. However, it should be safe to assume that it is now all in force.
The entire Directive is reproduced at Appendix 4. It gives wide powers to individuals to obtain information on all aspects of the environment from public authorities at national, regional or local level. The individual does not have justify why he wants the information. Certain exceptions are provided for: for example, information does not have to be disclosed if the disclosure might harm the environment, such as disclosing the whereabouts of badger setts. But a refusal to disclose information must be justified by the authority concerned. A reasonable charge may be made for supplying the information.
Arguments can be won or lost on facts, so the more facts you have about the environment, the better. This Directive makes it easier to find out the facts.
Habitats Directive
The full title of this Directive is "Council Directive 92/43/EEC of 21st May 1992 on the conservation of natural habitats and of wild fauna and flora." It was published in the Official Journal of the European Communities on 22nd July 1992, page L 206/7. The time limit for giving effect to it was two years from its date of notification. It was brought into UK law by the Conservation (Natural Habitats etc.) Regulations 1994, which came into force on 30th October 1994. Assuming that the date of notification was no later than the date of publication, it came into force over three months after the deadline set by the EC Council.
This Directive is the longest and most complicated of the three, and for those reasons it is not practicable for me to reproduce it in full. I have, however, reproduced the preamble to it, which is the only part intelligible to the average lay person, at Appendix 5.
The Directive consists of 43 pages of highly technical descriptions of threatened Community species and habitats which should be conserved. The purpose of the Directive is to maintain biodiversity, promote sustainable development and prevent further deterioration of species and habitats. It sets up special conservation areas in a coherent European ecological network called Natura 2000, and a system for continuing surveillance.
This is clearly a very important Directive, and should be referred to at any public inquiry into a road scheme where endangered species or habitats are threatened. However, the technical nature of the Directive means that you will probably need an environmental or biological expert to interpret it and to give evidence about it on your behalf. Perhaps someone from a local university may be willing to help. Hopefully, if your expert is sufficiently familiar with the environmental issues, he or she should already have a copy of the Directive. Failing that, a copy can be obtained from good law libraries with an EC law section, or as a last resort, I can provide you with a copy.
In order to be a limited company, a company must be registered at Companies House and must comply with company law, of which there is a great deal, contained mainly in the Companies Act 1985 (CA). A company consists largely of three groups of people: the directors, who are the "brains" behind the company, make decisions and direct its operations; the employees, who are the "hands" of the company and carry out the orders of the directors; and the members, or shareholders, who put money into the company and receive shares, dividends or other benefits in return.
There is some overlap between the three groups: for example, directors and employees can also be shareholders. Also, a company can have members but no shareholders, profits or dividends. The BRF is one such company: membership is obtained by paying œ500 or more per year, and the benefits of membership are not financial but information and political lobbying.
A company is set up largely to protect the directors and members from financial losses. If the company fails, it can be wound up, and usually the personal assets of the directors and members are safe from creditors. This is in contrast to a partnership, where partners' assets are at risk if anything goes wrong.
However, the downside of this financial security is that a limited company must comply with strict rules regarding its operation and disclosure of information to its members, the general public and the Registrar of Companies. This is so that everyone can ensure that there is nothing underhand going on in the company's affairs. Failure to comply with any aspect of Company law is punishable by a criminal prosecution of the company secretary.
Company law is particularly useful for road protestors in obtaining information, and I have divided this into two categories: information available to any member of the public, and information available to members/shareholders. Relevant sections of the CA are reproduced at Appendix 6.
Information available to the public
A great deal of information can be obtained by doing a company search via Companies House (see address list at Appendix 16). For a payment of œ5.50 you are sent, usually by return of post, a set of microfiches containing:
There is unlikely to be a list of company members/shareholders in the Companies House microfiches, because the list may be very long and may change from day to day. The Register of Members is normally kept at the company's registered office. Any company member can inspect it without charge, and any member of the public can inspect it on payment of œ3 to the Registrar of Companies (Section 356 CA).
It is worth asking to inspect the Register of Members of your favourite company if only to throw them into confusion, because most companies will never have heard of section 356 of the CA before. I tried this successfully with the BRF. I sent them an initial letter which they ignored. I then sent a second letter to the company secretary, threatening him with a private prosecution if he failed to allow me to go to his office and inspect the register. I received a gratifyingly swift response, and made an appointment to inspect the register. When I got there, I discovered that they had not previously had a proper Register of Members and that they had made one up, consisting of about 300 pages, specially for me to inspect. They didn't even charge me the œ3 statutory fee. Such is the power of the law.
Information available to members/shareholders
If the company is publicly quoted on the stockmarket, you can become a member/shareholder by buying a single share. Some companies will sell you shares direct: try ringing their registered office. If not, you will need a friendly bank or stockbroker to help you with this. If the company is a private one, such as the BRF, you would have to apply for membership and probably pay a large fee. Membership of companies like the BRF is strictly controlled, and you might have to give the impression that you are a road haulage company or similar.
Having become a member, you then have a great many rights in connection with the company. I can't list them all here - if you want to know what they are you should read the Companies Act 1985 - but the more important ones are:
Assuming that you have decided to hold a demonstration, you should hold it within the terms of sections 11 to 14 of the Public Order Act 1986 (POA). These sections are reproduced at Appendix 7. They are fairly self-explanatory, and the main points to note are that the organisers must give 6 clear days notice to the police, in writing, stating the date, time and proposed route of the procession and the name and address of the person proposing to organise it.
You do not need permission from the police to hold a demonstration. However, the police may impose conditions if they reasonably believe that the procession may result in serious public disorder, serious damage to property, serious disruption to the life of the community, or intimidation. "Serious disruption to the life of the community" may include traffic congestion or blocking shopping streets. The conditions imposed by the police must be reasonable: if they are not, they can be challenged in court by judicial review.
In extreme cases the police may ban a procession, but they cannot do this on their own initiative: they must first obtain an order from the local council.
There is no requirement to give advance notice of an assembly or meeting, but if you do give advance notice, or the police suspect that an assembly will take place in connection with the procession, they may impose conditions on the assembly, such as restricting the place, duration and number of participants. They can also impose conditions on a procession or assembly on the spot. For legal purposes a "public assembly" means an assembly of 20 or more persons in a public place which is wholly or partly open to the air: POA section 16.
If you deliberately fail to comply with any directions given by the police you are almost certainly committing an offence.
Sections 70 and 71 of the CJA deal with "trespassory assemblies." These sections are meant to be grafted on to section 14 of the POA, and I have therefore reproduced them there. A trespassory assembly is what it sounds like: an assembly of trespassing persons on private or semi-private land, as opposed to an assembly in a public place. This legislation is aimed mainly at preventing free festivals such as the one at Stonehenge. Under certain circumstances, a chief police officer can apply to the local council for an order prohibiting a specified assembly. Once an order is granted, anyone who organises, takes part in or goes in the general direction of the assembly may be arrested.
The native American Indians had no concept of ownership of land. To them, the people belonged to the land, not the land to the people. They did not therefore have any concept of "trespass."
However, this is unfortunately not the case with UK law, which takes the view that all land belongs to somebody. Usually, the owner of land is the person to whom the land is registered at the Land Registry. If the land is not registered, it belongs to whoever can prove title to the land, and if nobody can prove title to the land, it belongs to the Crown. Land may also be occupied by tenants or leaseholders who hold a tenancy or lease from the owner.
Therefore, if you go on to land without permission, you are trespassing. You may also be trespassing if you have permission to go on land for one purpose, but you use it for another purpose: for example, if you have a right to cross a piece of land, that does not necessarily mean you have right to camp on it.
Unauthorised camping, tree-dwelling, squatting and obstructing work on site are all forms of trespass. Before the Criminal Justice and Public Order Act 1994 (CJA) came into force, these were mainly civil matters between the trespasser and the landowner, which had to be dealt with in the civil courts. However, since the CJA came into force on 3rd November 1994, many more of them have become criminal offences. The most relevant sections of the CJA, namely sections 61 to 69, are reproduced at Appendix 7.
It has always been the case, even before the CJA, that an owner or occupier of land could remove trespassers from his land using reasonable force without the help of the police or a court order. That is still the case today. However, landowners (including the DoT) will nearly always involve the police, or go to court for an order, to remove trespassers, because it is easier and safer for the landowner. If a landowner removes people using excessive force, or removes people who he thinks are trespassers but who subsequently turn out to have a right to be there, he risks ending up in court himself.
A number of conditions must be satisfied, including damage to the land (which can be as minor as trampling on grass or lighting a fire), and there must be two or more persons trespassing.
Sections 77 to 80 of the CJA deal mainly with New Age Travellers and their vehicles, which is a form of unauthorised camping. However, this has limited relevance to road protesting, so I have not reproduced these sections in the Appendix.
Even before a rave starts, under certain conditions people who are preparing, waiting for or going to a rave may be directed to leave the land or not proceed to the land, as the case may be. Sound equipment may be seized, forfeited and destroyed.
The police can arrest and remove squatters if they are occupying someone's home and that person wants to come and live there. The owner of the property is then a "displaced residential occupier" or a "protected intending occupier" and has special protection under sections 72 to 76 of the CJA. However, it is unlikely that these provisions will apply in the context of a road protest, as most squatted properties will be empty, compulsorily purchased and/or due for demolition. Quite apart from that, it is not very nice to squat in someone's home. I have not therefore reproduced these sections of the CJA in the Appendix.
If a squatter causes damage to property, either to break in or after he has entered the property, this is not squatting: it is burglary and/or criminal damage which are both serious offences. A possible exception to this is a property which is due to be demolished, because it is unlikely that any prosecution for criminal damage would be brought in those circumstances. However, you should still not remove anything from the property, such as lead or slates, as this would be theft from the landowner or the demolition contractor.
The main protection for squatters is section 6 of the Criminal Law Act 1977 (CLA). This prohibits any person from using or threatening unlawful violence for the purpose of securing entry into any premises. There is a lot of misunderstanding and mythology about section 6 of the CLA, so I have reproduced it in full at Appendix 9 so that people can see for themselves exactly what it says.
It is common for squatters to put up notices reminding landowners about squatters' rights under section 6 of the CLA. These notices often say that entry into the property without the squatters' permission is a criminal offence, that a court order is needed to evict them, and all sorts of other things. Most of these statements are bluffs, which may scare off digger drivers or security guards, who don't know the law, but will not deter police or bailiffs, who do. The main right you can rely on is not to have unlawful violence used or threatened towards you or your property.
"Unlawful violence" means the same as "excessive force" which essentially means more force than is reasonably necessary in the circumstances. If you are resisting eviction by locking-on or barricading yourself in, a certain amount of force will be necessary to remove you, but it should not be unnecessary force or force which causes you to be injured.
As I have already said, trespassers, including squatters, can be evicted from land or property at any time without a court order by the landowner and/or his agents using reasonable force. Squatting as such is not normally a criminal offence, and at this stage the police should not be involved. However, the landowner may want the police and/or court officers to evict squatters on his behalf. He can do this in two ways.
If the property has been compulsorily purchased (which is often the case for road schemes), the landowner can issue a warrant to the Sheriff of the High Court requiring him to deliver possession of the land or property. Sheriff's officers are officers of the High Court, in the same way that bailiffs are officers of the County Court. As long as the landowner can prove that the property has been compulsorily purchased, and that some person or persons on the land is/are hindering him from taking possession of it, he does not have to notify the occupiers of the land about the warrant or have a Court hearing, even if they were bona fide tenants or owners of the land before the compulsory purchase.
Upon taking possession of the land, the sheriff's officers can seize the goods of the persons on the land, and sell them in order to offset the costs of issuing the warrant. These provisions are contained in section 13 of the Compulsory Purchase Act 1965 (CPA), which is reproduced at Appendix 10.
Under section 10(1) of the Criminal Law Act 1977 and section 8(2) of the Sheriffs Act 1887, any person who resists or intentionally obstructs an officer of the court who is enforcing a writ or order for possession commits an offence and may be arrested.
Although section 13 of the CPA does not specifically say so, it is arguable that a sheriff's warrant can only be issued once without a court order. If trespassers return to the property after that, a court order may be needed to get them out a second time. This interpretation has never been tested in court, so I wouldn't rely on it too heavily.
As an alternative to issuing a sheriff's warrant, a landowner can obtain a court order for possession of the land. This is a more complicated procedure, and requires the occupiers to be given at least two clear days' notice of the court hearing, and the right to attend the hearing and make representations. Notice may be served by handing the court documents to people, posting them through the letterbox or fixing them to doors, trees or stakes in the ground.
Proceedings may be brought in the High Court for large and expensive pieces of land, or in the County Court for smaller and less valuable pieces of land. A High Court hearing may take place in the Royal Courts of Justice, The Strand, London, or in the local District Registry of the High Court, which is basically the County Court wearing a different hat.
In the High Court, proceedings are governed by Order 113 of the Rules of the Supreme Court (the "White Book"). The County Court equivalent is Order 24 of the County Court Rules (the "Green Book"). These rules are reproduced at Appendices 11 and 12, respectively.
Normally proceedings against squatters will be commenced against "a person or persons unknown." If you are affected by the proceedings, you have a right to make representations in court, but you will first be required to give your name and be formally joined in the action. This means that when you lose the case (as you will eventually) an order for costs may be made against you. If you have no money, it is possible that a costs order may not be made, or if it is made, it may not be enforced, but it is worth bearing in mind.
Despite these drawbacks, it is worth attending court and making your views known. If there have been technical irregularities in the proceedings, and the relevant rules of court have not been complied with, you may be able to get the proceeding set aside. However, the judge will need to be persuaded that it would be fair to do so, so you will have to think through your arguments in a logical way. There is little point, for example, in arguing in court that you were not given proper notice of the proceedings, when the very fact that you are present in court proves that you knew about them.
One point which has been successfully raised on more than one occasion is the duty of the local authority to give proper consideration to rehousing the evicted people, particularly where children or gypsies are involved. You may also wish to challenge the title of the person or authority bringing the case to ownership of the land.
Appearing in court may delay (although not prevent) eviction. If you don't have enough time to prepare or present your case properly, ask for an adjournment. It is also an opportunity to involve the local media and present your case to a wider audience.
Once you have been joined as a defendant to the action, you have the right to inspect and/or be given copies of documents in the court file relating to your case. If you inspect the file regularly, this may give you advance warning of when the eviction is likely to be, and what tactics are likely to be employed. If the court officials refuse to allow you to inspect the file, you should point out to them Order 63 Rule 4 in the High Court, and Order 50 Rule 10 in the County Court. These are reproduced at Appendix 13.
If you really get the bit between your teeth, you could appeal against a possession order. Protestors against the M65 motorway in Lancashire went to the Court of Appeal, but this is expensive and not for the faint-hearted.
If a roadside verge is part of the site, then security guards are entitled to order you off it, and remove you using reasonable force if necessary. However, you have as much right as any other road user to walk on that part of the road which is dedicated as highway (apart from motorways, where special rules apply). Therefore, if walking on the road forces the traffic to slow down or stop, then so be it: both parties have exercised their legal rights.
If you are ordered by a police officer not to walk on the road, you should obey his instructions but ask him to make it clear what he is ordering you to do: is he ordering you to walk on the verge, or to turn back and not use the road at all? Make a careful note of what is said, and the circumstances, and if necessary seek legal advice.
If you are ordered to walk on a congested road, and you are hit by a vehicle, you will probably have a cause of legal action against the driver of the vehicle, but not against the owners or employees on the site.
Many road schemes are built out in the countryside, and it may be necessary to use a car to get there. If a police officer suspects that you are a road protestor, and that you are the driver of a car, he may ask you to produce your driving licence and other documents.
The law says that you are only required to produce your driving documents to a police officer if asked to do so while driving, or if you are suspected of committing a road traffic offence or being involved in an accident: sections 164 and 165 of the Road Traffic Act 1988, reproduced at Appendix 14. "Driving" for legal purposes means all activities associated with driving, such as stopping to buy petrol, sitting in the car with the engine running, temporarily stopped at traffic lights or in a traffic jam, or securing the car before you leave it.
If you have left and secured the car at the end of your journey, and the police officer's only purpose in asking for your driving documents is to find out who you are, you are entitled, politely but firmly, to refuse.
It is an offence to wilfully obstruct free passage along a highway: section 137, Highways Act 1980. A person driving or propelling a vehicle of any kind (including a bicycle) must obey the directions of a police officer directing the traffic: section 35 Highways Act 1988 and section 163 Road Traffic Act 1988. These provisions would apply to direct-action "Reclaim the Streets" type actions such as holding unauthorised street parties, mass cycle rides, erecting tripods and so forth.
During the Twyford Down protest, the Department of Transport obtained injunctions against a large number of protestors to stop them entering the construction site. That was before the CJA came into force. Nowadays, injunctions are less likely to be used, because the police have more extensive powers under the CJA to arrest and remove people from private land.
A temporary injunction can be obtained "ex parte" (without forewarning the defendant) but this will be strictly limited in time, usually 7 to 14 days. After that, the defendant must be given an opportunity to attend a court hearing and say why the injunction should not be made. After hearing all the evidence, if the court is satisfied that the injunction should be made for a longer period, it will make an injunction order and usually order the defendant to pay both sides' costs of the proceedings.
An alternative way of dealing with an application for an injunction is for the defendant to give an undertaking. This is a promise to the court to do, or not to do, the thing which is requested or complained of. An undertaking has the same force as an injunction, namely that if you break it, you can be imprisoned for contempt of court. However, it has the advantage from the defendant's point of view that no evidence is presented, no finding of guilt is made and usually no costs are ordered.
Surprisingly, "land in the open air" does not include roads, so you could in theory stand on the old road and attempt to deter or disrupt people working on the new road, for example by talking to them (but not by throwing things, as this is a form of trespass).
If a police officer reasonably believes that you are committing, have committed or intend to commit aggravated trespass, he can direct you to leave the land. If you fail to leave as soon as practicable, you commit an offence and can be arrested, even if you haven't done anything.
This is an old and rather archaic common-law matter. It is poorly defined, but police have the power to arrest for it. They therefore very often arrest people for "breach of the peace" if they think that someone ought to be arrested, but can't think exactly what else to arrest them for. They can then be brought before a magistrates' court. The purpose of arrest and binding over for breach of the peace is in theory to prevent crime, rather than to punish a crime which has been committed.
There is no penalty specified for breach of the peace, but a person may be bound over to keep the peace in a certain sum of money for a certain period of time. The person concerned must agree to the binding-over. The effect of it is that if he comes before the court again, that sum of money may be forfeited, but no additional penalty may be imposed. If the person does not agree to be bound over, or does not pay the money, he can be imprisoned: section 1 Justices of the Peace Act 1968.
A binding-over is not a conviction, and a person agreeing to be bound over does not get a criminal record. He can be bound over even if he has been acquitted of other offences at the same hearing. The sum in which a person is bound over must be proportionate to his financial means.
However, for an arrest to be lawful, it is essential that it be made clear to the person the fact of and reason for the arrest, even if it is obvious from the circumstances: section 28 Police and Criminal Evidence Act 1984 (PACE). Sections 28 and 30 of PACE are reproduced at Appendix 15. Facts and reasons must be given at the time of arrest or as soon as practicable thereafter.
The arresting officer should normally have a reasonable suspicion that an offence has been, is being or is about to be committed. This is not as high a standard as proving it in court, so it is quite reasonable and lawful for an arrest to be made on suspicion, and for there then to be insufficient evidence to proceed further, and the person is then released. That in itself would not constitute an unlawful arrest.
The fact of and grounds for the arrest may be given in colloquial language, for example "You're nicked for obstruction", provided the arrested person understands the fact of and reason for the arrest. It is not necessary to quote the exact wording and section number of the relevant Act of Parliament.
A person is entitled to resist an unlawful arrest by using reasonable force, but I would NOT advise anyone to try this. In the heat of the moment, you may think an arrest is unlawful when in fact it is lawful, or you may use more than reasonable force, and in either case you are likely to get into a whole heap of trouble. It's better to submit to the arrest at the time, and sue afterwards if the circumstances warrant it. Similarly, do not try to prevent anyone else being arrested.
You can be arrested:
An unlawful arrest constitutes false imprisonment for which you can sue for damages. It will probably also be a technical assault. Normally, if you have a good case for an unlawful arrest, the police will settle out of court.
Security guards can perform citizens' arrests on basically the same principles as for police officers. There is a suggestion that they don't have to state the fact of or reason for the arrest if those facts are obvious, but this point is not entirely clear from section 28 PACE. A security guard or other private citizen performing a citizen's arrest must hand the arrested person over to the police as soon as practicable: anything else would be kidnapping.
After you have been arrested by the police and removed from the site of a protest, you may feel that most of what you want to achieve has been achieved. Work has been temporarily stopped on site. You have made your point and drawn attention to the environmental problem. The media (if present) have got their story, their photographs and a figure for the number of arrests. Your dispute is with the Department of Transport and their contractors, not with the police, who are (in theory) neutral.
Therefore, is there any point in continuing to protest, or should you co-operate with the police? Many environmental and civil rights organisations advocate protesting until the bitter end, giving only the bare minimum of cooperation, saying nothing apart from giving your name and address, and pleading not guilty.
However, there is a lot to be said for giving in gracefully at this point. Some of the police may sympathise with what you are trying to do, and in arresting you they are only doing their job. If you confess and are pleasant and cooperative, you are more likely to be offered a caution or released without charge. Even if you are taken to court, a guilty plea will mean a lighter sentence, less prolonged proceedings and no bail conditions. You may prefer to do more useful things with your money than pay a court fine.
After weighing up the alternatives, the choice is up to you.
"You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."
This partially takes away the old "right to silence." If you have a valid defence to whatever you have been arrested for, you should say what your defence is and make sure that the police officer writes it down, or write a statement yourself. Alternatively, you can still say nothing, in which case if the case comes to court the prosecution are obliged to prove the case against you "beyond reasonable doubt" by presenting evidence: see below.
The law relating to detention in custody and questioning is complicated and I can do no more than outline it here. Most of the details are contained in PACE. You may be held without charge, for questioning if necessary, for up to 24 hours for minor offences, although usually the time period is much shorter. After that time you should be charged or released. If you are charged, you will probably be granted police bail. However, if you have offended before, or the police think you may offend again if released, you may be remanded in custody. If you are remanded in custody, you must be brought before a magistrates' court as soon as practicable, where the question of bail will again arise (see below).
Preconditions for a caution are that the evidence must be sufficient for a prosecution, and the offender must admit guilt and agree to be cautioned. Upon being cautioned, the offender must sign a form admitting the offence and agreeing to the caution. Cautions are often used for juveniles, and adults who would probably receive a light sentence (conditional or absolute discharge) on conviction.
Records of cautions are kept for three years. A caution is not a conviction. If a cautioned person is subsequently convicted of an offence, the caution may be cited at the sentencing stage, and may influence the magistrates to impose a slightly heavier sentence than they might otherwise have done.
A person who is released on bail is under a duty to attend court at a time and date notified to him. In its simplest form this is "unconditional bail." However, conditions may be attached, and in the case of road protestors, a common condition is that you do not go within a certain distance of a road construction site, say half a mile. Other conditions may be reporting to a police station at regular intervals, living at a certain address or putting up a sum of money as a surety, which is forfeited if you breach bail. Breach of any of these conditions is a separate offence for which you can be separately convicted and sentenced.
If you are refused bail, or you think your bail conditions are unreasonable - for example, if you live within an area from which you have been excluded - you can apply to the magistrates for bail to be granted, or bail conditions to be varied. If the magistrates do not agree, you can appeal to a Crown Court judge.
You should stand up whenever the magistrates come into or go out of the court. If a road protestor is in custody, it has been known for supporters in the public gallery to also stand up when the defendant is brought into the dock. This is an unconventional manoeuvre but as far as I know there's no law against it.
You will first be asked to confirm your name and address, the charge(s) will be read to you by the clerk of the court, and you will be asked whether you plead guilty or not guilty.
If you plead guilty, you will be asked to sit down. The prosecutor will then read a summary of the facts comprising the case against you. He will then hand up to the magistrates a sheet containing your previous cautions and convictions (if any).
You should be given an opportunity to check that these are correct. The prosecutor will conclude by asking for costs, usually in the region of œ40.
You will then be asked to stand, and to say whatever you wish to say. There are usually three magistrates: address the middle one as "sir" or "madam" or all three of them as "your worships." Always stand up straight when speaking to the magistrates, take your hands out of your pockets, and try to avoid scratching your head or your bottom or picking your nose, no matter how powerful the urge.
If you agree that you committed the offence, but you disagree with the exact facts alleged by the prosecution, you should state your version of the facts. The magistrates are obliged either to accept your version or to hear evidence of the prosecution version from witnesses, so normally they will accept your version.
You should then state any facts in your favour which ought to influence the magistrates to give you a light sentence: for example, you pleaded guilty and were cooperative with the police, it is your first offence, you are on income support and don't have much money. However, if you go too far and say something which amounts to a defence to the charge, for example that it was an accident or you were acting in self-defence, the magistrates may order a not guilty plea to be entered and adjourn the case for trial.
The magistrates won't be interested in hearing what you think about the Government's road-building programme, so don't bother. Tell it to the Press instead.
The magistrates will then either have a brief discussion among themselves, or go out for a while. They will then come back (if they have gone out) and announce the sentence (see below). If the sentence is a fine, they will ask you if you can pay immediately, or if not, how much a week or a fortnight you can pay, so you should think about this in advance. They will then tell you that you can go.
Half a day is a normal length of time for a reasonably straightforward trial. There may be adjournments for other reasons: for example the prosecution may want more time to prepare their case, or you may want more time to prepare your defence or obtain legal aid and advice.
Whenever a case is adjourned, the question of bail comes up. There is a presumption in favour of bail - in other words, bail should be granted unless there is a good reason not to - but there may be conditions attached: see above. You are likely to be granted bail on the same conditions as before, unless either you or the prosecution apply for something different.
At trial, the prosecution have to prove their case "beyond reasonable doubt", and that means proving every element which makes up the offence. You don't have to prove your innocence. If there is a reasonable doubt about whether you committed any element of an offence, you are entitled to be acquitted. Before the trial starts, you will asked to confirm your name and address and the fact that you are still pleading not guilty, and the order of trial will then be:
All witnesses are first examined (questioned) by the side which called them, then cross-examined by the other side. The normal rule is that when you examine your own witnesses, you prompt them to tell their story in their own words, without asking leading questions, but when you cross-examine the other side's witnesses, you ask them leading questions which demand a "yes or no" answer, such as "I wasn't sitting on the digger when you arrested me, was I?
The magistrates will retire to consider their verdict. They will then return to the court and announce their verdict.
If you are acquitted, ask for your costs of conducting the case. This includes legal and travel expenses but not lost earnings. If you are convicted, the prosecution will ask for their costs, which will be higher than for a not guilty plea: usually around œ100.
You should have the opportunity to address the magistrates on costs, and say anything in mitigation which you want to say, for example your financial circumstances, before the magistrates pass sentence.
If you lose a case, accept it with dignity and remember that you have a right of appeal to the Crown Court against both conviction and sentence. An appeal against a decision of the magistrates takes the form of a complete re-hearing of the case, with evidence, before a Crown Court judge and two lay magistrates. You must lodge your notice of appeal within 21 days of sentence.
The most likely sentences for peaceful protest are conditional discharges or fines of up to œ100. A conditional discharge means that no sentence is being imposed today, but if you commit another offence within a specified period (usually 12 months) you will be sentenced for both offences together.
If you have been violent, committed criminal damage, assaulted or obstructed a police officer or offended repeatedly, the magistrates are likely to take a dim view of it and may impose a much heavier sentence than they would have done just for a one-off peaceful protest. You have been warned.
To start a private prosecution you must "lay an information" with the
clerk at the nearest magistrates court to where the alleged offence took place.
In the case of a company law prosecution, this should be the nearest
magistrates' court to the company's registered office. An information is the
formal accusation that a certain individual (the accused) has committed an
offence. There is no specific form for this as far as I know, but it must
contain the following information:
(a) the name and address of the accused;
(b) the statement of the offence, including all the elements of the offence
and the statute (if any) relied on;
(c) the place of the offence;
(d)
the date of the offence; and
(e) the signature of the prosecutor or
informant.
An information must generally be laid within six months of the offence.
Statements of offences related to assault may take the following forms, in increasing order of seriousness:
Common assault: the accused intentionally or recklessly caused the victim to apprehend the immediate infliction of unlawful force, contrary to section 39 of the Criminal Justice Act 1988.
Battery: the accused intentionally or recklessly inflicted unlawful force on the victim, contrary to section 39 of the Criminal Justice Act 1988.
Actual bodily harm: the accused intentionally or recklessly assaulted the victim occasioning actual bodily harm, contrary to section 47 of the Offences against the Person Act 1861.
Before laying an information, a person must be in a position to prove all elements of the offence "beyond reasonable doubt", which means putting together evidence in the form of witnesses, medical reports, photographs etc.
If at the time of the alleged assault you were acting in an aggressive manner, the accused may say that he acted in self-defence, so this is another good reason why you should act non-violently at all times.
On receipt of the information, provided it is in order, the clerk to the magistrates will then issue a summons to the accused, telling him that an allegation has been made and instructing him to attend court on a particular date to answer the allegation, with a copy to the informant.
If you think you have been assaulted by a security guard, finding out his name and address may be difficult. Photographs and detective work may be necessary. His employers aren't obliged to tell you who he is.
Once an information has been laid, however, getting information becomes easier, because the police or anyone else with relevant evidence can be compelled to produce it by means of a witness summons under the Criminal Procedure (Attendance of Witnesses) Act 1965.
In court, you then follow the procedure outlined above for Magistrates' Courts, except that you go first because you are the prosecutor.
There are a number of civil proceedings which you may want to start: for example an application for an injunction to protect archaeological remains, an action for damages against the police, or a judicial review of a public inquiry. The law and procedure for all of these is complicated, you may or may not be eligible for legal aid, and the outcome is uncertain. You will need professional advice on all of these aspects.
One thing which you should consider carefully before you start, or threaten to start, a civil action, is your chance of success. You will not get legal aid unless you have a "reasonable prospect of success", which the Legal Aid Board defines as 50% or more, and you should consider carefully whether you want to spend your own money on an action unless you have at least a 50-50 chance of succeeding. If you lose a civil action, and you are not legally aided, you will normally be ordered to pay the other side's costs, which will probably be considerably more than your own.
In order to assess the prospects of success realistically, the strengths and weaknesses of the case for both sides need to be carefully weighed up in the light of the facts, the relevant statute and case law and the normal approach adopted by the courts. The best person to do this is an independent legal advisor. Litigants in person often find it difficult to assess their prospects of success, because they are not familiar with the law and they are often emotionally bound up with their own cases.
If you decide to proceed with a civil action, the procedures are broadly similar whatever the type of action. You will issue proceedings in your local County Court or High Court by paying a fee and filing a statement of your case, usually called the Particulars or Statement of Claim. This document is then sent to the other side, who will respond by filing a Defence, setting out their side of the case. Relevant documents will be exchanged, so that neither party can spring a surprise on the other at court, and the case will be set down for hearing. At the hearing, both sides will call witnesses to give evidence. At the end of the hearing, the judge will make an order, giving his findings of fact and reasons, and (usually) order that the loser pays the winner's costs.
Special rules apply to judicial review. This is a challenge in the High Court to a decision of an inferior court or tribunal, such as a public inquiry, on the ground that the decision or procedure was irrational, unfair or improperly carried out. Judicial review looks at the decision-making process only, NOT the merits of the case. If you are successful, the decision or outcome of the inquiry will be quashed.
A person seeking judicial review must have "locus standi": in other words, he must have a sufficient interest in the matter, or be directly affected by it.
There are two stages to judicial review. First you have to apply for leave to seek judicial review. At this stage, a judge will filter out obviously hopeless cases and may impose conditions: for example that you give security for the other side's costs in case you lose. If you get past this first stage, you will then go on to the main hearing at which both parties will be represented.
Educating the public and making them aware of the issues, and of the effects of making certain choices, will in the longer term be far more important than the law, or the success or failure of any individual road proposal. But this book only deals with the law. To find out more about the practical side of road campaigning, I suggest you contact some of the organisations listed in Appendix 16 or read some of the publications listed in Appendix 17. Your investigations should include considering the arguments of both the pro-road and anti-road lobbying organisations, because you can only make rational choices when you have heard and thought about what both sides have to say. Both the Highways Agency and the British Road Federation offer a large amount of free literature, which is physically (if not intellectually) of a high quality, so even if you don't agree with what they say, you can still enjoy looking at the colour pictures.
You need the support of the public. When you are involved in an anti-road campaign, your activities will attract attention from the local and maybe the national media. You therefore need to think very carefully about what effect your activities are likely to have on public perception of the campaign. Violence, damage and intimidatory behaviour will lose the support of the public and be self-defeating in the long term - so don't do them if you can possibly avoid it.
Good luck.
Laid before Parliament 20th December 1994
Coming into force 10th January 1995
ARRANGEMENT OF RULES
PART I
GENERAL
1. Citation and Commencement.
2. Interpretation.
3. Application of Rules.
PART II
RULES APPLICABLE TO INQUIRIES IN CONNECTION WITH ORDERS OR SCHEMES PROPOSED TO BE MADE BY THE SECRETARY OF STATE
4. Preliminary action to be taken by the Secretary of State.
5. Procedure where Secretary of State causes pre-inquiry meeting to be held.
6. Service of statements of case, etc.
7. Further power of inspector to hold pre-inquiry meetings.
8. Inquiry timetable.
9. Notification of appointment of assessor.
10. Date and notification of inquiry.
11. Representation of Secretary of State at inquiry.
12. Representation of other government departments at inquiry.
13. Other appearances at inquiry.
PART III
RULES APPLICABLE TO INQUIRIES IN CONNECTION WITH ORDERS OR SCHEMES MADE BY LOCAL HIGHWAY AUTHORITIES
14. Preliminary action to be taken by the Secretary of State.
15. Procedure where Secretary of State causes pre-inquiry meeting to be held.
16. Service of statements of case, etc.
17. Further power of inspector to hold pre-inquiry meetings.
18. Inquiry timetable.
19. Notification of appointment of assessor.
20. Date and notification of inquiry.
21. Representatives of government departments at inquiry.
22. Other appearances at inquiry.
PART IV
RULES APPLICABLE TO ALL INQUIRIES
23. Proofs of evidence.
24. Procedure at inquiry.
25. Site inspections.
26. Procedure after inquiry.
27. Notification of decision.
28. Allowing further time.
29. Service of notices by post.
30. Revocation, savings and transitional.
The Lord Chancellor, in exercise of the powers conferred on him by section 9 of the Tribunals and Inquiries Act 1992 (c.53), and all other powers enabling him in that behalf, and after consultation with the Council on Tribunals, hereby makes the following Rules:-
PART I
GENERAL
Citation and Commencement
1. These Rules may be cited as the Highways (Inquiries Procedure) Rules 1994 and shall come into force on 10th January 1995.
Interpretation
2. In these Rules unless the context otherwise requires:
"the Act" means the Highways Act 1980 (c.66);
"assessor" means a person appointed by the Secretary of State to sit with an inspector at an inquiry or reopened inquiry to advise the inspector in such matters arising as the Secretary of State may specify;
"document" includes a photograph, map or plan;
"highway works" means any works for the construction, improvement or alteration of a highway, or for the provision of means of access to premises or the diversion of a navigable watercourse in connection with the construction, improvement or alteration of a highway, and "the highway works", in relation to an order or scheme, means the highway works authorised by that order or scheme;
"improvement" has the same meaning as in the Act;
"inquiry" means a local inquiry in relation to which these Rules apply;
"inspector" means a person appointed by the Secretary of State to hold an inquiry or a reopened inquiry;
"local authority" means a county council, the Council of a district or London Borough or the Common Council of the City of London;
"local highway authority" has the same meaning as in the Act;
"the order or scheme" means, in relation to an inquiry, the order or scheme in connection with which the inquiry is held or, where an inquiry is held in connection with more than one order or scheme, all the orders and schemes;
"outline statement" means in relation to a person a written statement of the principal submissions which that person proposes to put forward at an inquiry;
"pre-inquiry meeting" means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously, and where two or more such meetings are held references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting;
"the promoting authority"-
(a) in relation to an order or scheme proposed to be made by the Secretary of State, means the Secretary of State;
(b) in relation to an order or scheme made by a local highway authority and submitted to the Secretary of State for confirmation, means that local highway authority;
(c) in relation to a scheme under section 16(10) of the Act made by two or more local highway authorities and submitted to the Secretary of State for confirmation, means such one or more of those authorities as may, for the purpose of any particular provision of these Rules, be agreed between the authorities themselves or, in default of such agreement, be determined by the Secretary of State or the inspector;
"relevant date" means the date of the Secretary of State's written notice to the promoting authority (if applicable) and the statutory objectors of his intention to cause an inquiry to be held, and "relevant notice" means that notice;
"site" means the site of any of the highway works authorised by the order or scheme or the site of any highway to which the order or scheme relates;
"statement of case" means a written statement which contains full particulars of the case which a person proposes to put forward at an inquiry, and a list of any documents which that person intends to refer to or put in evidence;
"statutory objector" means any objector mentioned below whose objection has not been withdrawn or disregarded under paragraph 18 of Schedule 1 to the Act-
(a) any body or person mentioned in the Table to paragraph 3 or in paragraph 11 of Schedule 1 to the Act (as amended: see below);
(b) any owner (within the meaning of section 329(1) of the Act), lessee or occupier of land which is likely to be required for the execution of any of the highway works;
(c) any person who is likely to be entitled to claim compensation under Part I of the Land Compensation Act 1973 (c.26) in respect of the use of any of the highway works.
[Footnote: Paragraph 3 of Schedule 1 was amended by the Local Government Act 1985 (c.51), section 102 and Schedule 17 and by the Water Act 1989 (c.15), section 190 and Schedule 25, paragraphs 1(8) and 62(14)(a); paragraph 11(b) of Schedule 1 was amended by the Water Act 1989, section 190 and Schedule 25, paragraph 62(14)(b).]
Application of rules
3.(1) Subject to paragraph (2) of this rule, these Rules shall apply-
(a) to local inquiries caused by the Secretary of State to be held under paragraph 7(1) of Schedule 1 to the Act in connection with-
(i) orders proposed to be made by him under sections 10,14,18, 106 or 108 of the Act, or
(ii) orders made by a local highway authority under sections 14, 18, 106 or 108 of the Act and submitted to the Secretary of State for confirmation; and
(b) to local inquiries caused by the Secretary of State to be held under paragraph 14(1) of Schedule 1 to the Act in connection with-
(i) schemes proposed to be made by him under section 16 of the Act, or
(ii) schemes made by a local highway authority under section 16 of the Act and submitted to the Secretary of State for confirmation.
(2) Part II of these Rules applies to local inquiries in connection with orders or schemes proposed to be made by the Secretary of State, Part III of these Rules applies to local inquiries in connection with orders or schemes made by a local highway authority and submitted to the Secretary of State for confirmation, and Parts I and IV of these Rules apply to all local inquiries referred to in paragraph (1) of this rule.
PART II
RULES APPLICABLE TO INQUIRIES IN CONNECTION WITH ORDERS OR SCHEMES PROPOSED TO BE MADE BY THE SECRETARY OF STATE
Preliminary action to be taken by the Secretary of State
4.(1) Where the Secretary of State intends to cause an inquiry to be held, he shall, not later than 4 weeks after the date specified in paragraph 2, give written notice of that intention to each statutory objector at the address furnished to the Secretary of State.
(2) The date referred to in paragraph (1) above is the date of expiry of the period within which an objection to the draft order or scheme may be made.
Procedure where Secretary of State causes pre-inquiry meeting to be held
5.(1) The Secretary of State may cause a pre-inquiry meeting ("a meeting") to be held if it appears to him desirable and where he does so this rule applies.
(2) The Secretary of State shall serve with the relevant notice a notification of his intention to cause a meeting to be held.
(3) The Secretary of State shall, not later than 3 weeks after the relevant date, publish in a local newspaper circulating in the locality in which the site or sites are situated or, if more than one locality, a local newspaper circulating in each such locality, a notice of the Secretary of State's intention to cause a meeting to be held.
(4) The Secretary of State shall, not later than 8 weeks after the relevant date, serve on each statutory objector his outline statement.
(5) When required by notice in writing from the Secretary of State to do so-
(a) any statutory objector, and
(b) any other person who has notified the Secretary of State of any intention or wish to appear at the inquiry,
shall, within 8 weeks of the date of such notice, serve upon the Secretary of State and on any other person specified in such notice, an outline statement.
(6) A meeting shall be held not later than 16 weeks after the relevant date.
(7) The Secretary of State shall give not less than 3 weeks' written notice of the date, time and location of the meeting to each statutory objector and any other person whose presence at the meeting seems to him to be desirable.
(8) The inspector shall preside at the meeting and shall determine the matters to be discussed and the procedure to be followed; and he may require any person present at the meeting who, in his opinion, is behaving in a disruptive manner to leave and may refuse to permit that person to return or to attend any further meeting, or may permit him to return or attend only on such conditions as he may specify.
(9) Where a meeting has been held pursuant to paragraph (1), the inspector may hold a further meeting. He shall arrange for such notice to be given of a further meeting as appears to him necessary and paragraph (8) shall apply to such a meeting.
Service of statements of case, etc
6.(1) The Secretary of State shall not later than-
(a) 6 weeks after the relevant date, or
(b) where a pre-inquiry meeting is held pursuant to rule 5, 4 weeks after the conclusion of that meeting,
serve his statement of case on each statutory objector.
(2) In addition to the statement of case served under paragraph (1) the Secretary of State shall serve upon each statutory objector a notice giving the names of all places, within each area in which the proposals contained in the order or scheme are to have effect (or as close as reasonably possible to any such area), where a copy of every document or the relevant part of any document which he intends to refer to or put in evidence may be inspected free of charge at all reasonable hours until the date of commencement of the inquiry.
(3) When required by notice in writing from the Secretary of State to do so-
(a) any statutory objector, or
(b) any other person who has notified him of an intention or wish to appear at the inquiry,
shall within 6 weeks from the date of such notice serve a statement of case on the Secretary of State.
(4) In addition to the statement of case served under paragraph (3) every person mentioned in paragraph 3(a) and (b) shall serve upon the Secretary of State a copy of every document or the relevant part of any document which such person intends to refer to or put in evidence.
(5) The Secretary of State shall supply a copy of his statement of case and of the notice mentioned in paragraph (2) to any person who is not a statutory objector but has been required to serve a statement of case under paragraph (3).
(6) When required by notice in writing from the Secretary of State or the inspector to do so, any person who has served a statement of case in accordance with this rule shall provide such further information about the matters contained in the statement as the Secretary of State or the inspector may specify.
(7) The Secretary of State shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable and subject to payment by that person of a reasonable charge, take copies of any statement or document which, or a copy of which, has been served on or by him in accordance with any of the preceding paragraphs of this rule; and shall specify in his statement of case the time and place at which the opportunity will be afforded.
Further power of inspector to hold pre-inquiry meetings
7.(1) Where no pre-inquiry meeting is held pursuant to rule 5, the inspector may hold one if he thinks it desirable.
(2) The inspector shall arrange for not less than 3 weeks' written notice of a meeting pursuant to paragraph (1) to be given to the Secretary of State, each statutory objector, any other person known at the date of the notice to be entitled to appear at the inquiry, and any other person whose presence at the meeting appears to him to be desirable.
(3) Rule 5(8) shall apply to a meeting held under this rule.
Inquiry timetable
8.(1) Where a pre-inquiry meeting is held pursuant to rule 5 the inspector shall, and in any other case may, subject to the provisions of rule 10(1), arrange a timetable for the proceedings at, or at part of, the inquiry and may at any time vary the timetable.
(2) An inspector may specify in a timetable arranged pursuant to this rule a date by which any proof of evidence and summary required by rule 23(1) to be sent to him shall be so sent.
Notification of appointment of assessor
9. Where the Secretary of State appoints an assessor, he shall notify the statutory objectors of the assessor's name and of the matters on which he is to advise the inspector.
Date and notification of inquiry
10.(1) The date fixed by the Secretary of State for the commencement of an inquiry shall be determined by him but shall be:
(a) not later than 22 weeks after the relevant date; or
(b) in a case where a pre-inquiry meeting is held pursuant to rule 5, not later than 8 weeks after the conclusion of that meeting; or
(c) where the Secretary of State is satisfied that in all the circumstances of the case it is impracticable to hold the inquiry within the applicable period mentioned in (a) or (b), the earliest practicable date after the end of that period.
(2) Unless the Secretary of State agrees a lesser period of notice with each statutory objector, he shall give not less than 6 weeks' notice of the date, time and place fixed by him for the holding of an inquiry to every person specified in rule 13(1).
(3) The place at which the inquiry is to be held shall be determined by the Secretary of State and where he is satisfied, having regard to the nature of the draft order or scheme, that it is reasonable to do so he may direct that it shall be held in more than one place.
(4) The Secretary of State may vary the date fixed for the commencement of an inquiry whether or not the revised date is within the applicable period mentioned in paragraph (1); and paragraph (2) shall apply to a variation of a date as it applied to the date originally fixed.
(5) The Secretary of State may vary the time or place for the holding of an inquiry and shall give such notice of any such variation as appears to him to be reasonable.
(6) The Secretary of State shall, not later than 2 weeks before the date fixed for the holding of an inquiry:
(a) post a notice of the inquiry in a conspicuous place or (in the case of an order or scheme making provision for highway works more than 5 kilometres in length) at intervals of not more than 5 kilometres, on or as close as reasonably practicable to the site or, where more than one site is involved, to each site;
(b) post a notice of the inquiry in one or more places where public notices are usually posted in the locality or localities concerned; and
(c) publish a notice of the inquiry in one or more local newspapers circulating in the locality in which the site or sites are situated or, if more than one locality is concerned, in one or more newspapers circulating in each such locality.
(7) Any notice of inquiry posted or published pursuant to paragraph (6) shall contain a statement of the date, time and place (or where a direction has been given under paragraph (3) above, the places) of the inquiry, and of the relevant section under which the scheme or order has been made, together with a sufficient description of the scheme or order to identify the location of the land to which they relate with or without reference to a specified map.
(8) Where an inquiry is to be held in more than one place paragraphs (2) to (7) shall apply to the second and any subsequent inquiry location.
Representation of Secretary of State at inquiry
11.(1) The Secretary of State may be represented at the inquiry by counsel or solicitor or by an officer of his department or other person authorised by the Secretary of State to represent him.
(2) The Secretary of State shall make a representative available at the inquiry to give evidence in elucidation of the statement of case, and such representative shall be subject to cross-examination to the same extent as any other witness.
(3) Nothing in paragraph (2) shall require a representative of the Secretary of State to answer any question which in the opinion of the inspector is directed to the merits of government policy.
Representation of other government departments at inquiry
12.(1) Where another government department has expressed in writing to the Secretary of State a view in support of the draft order or scheme and the Secretary of State has included that view in his statement of case, a representative of the department concerned shall be made available to attend the inquiry.
(2) Such representative shall at the inquiry state the reasons for the view expressed by his department and shall give evidence and be subject to cross-examination to the same extent as any other witness.
(3) Nothing in paragraph (2) shall require such a representative of a government department to answer any question which in the opinion of the inspector is directed to the merits of government policy.
Other appearances at inquiry
13.(1) Every statutory objector shall be entitled to appear at the inquiry.
(2) Nothing in paragraph (1) shall prevent the inspector from permitting any other person to appear at the inquiry, and such permission shall not be unreasonably withheld.
(3) Any person entitled or permitted to appear may do so on his own behalf or be represented by counsel, solicitor or any other person.
(4) The inspector may allow one or more persons to appear on behalf of some or all of any persons having a similar interest in the matter under inquiry.
PART III
RULES APPLICABLE TO INQUIRIES IN CONNECTION WITH ORDERS OR SCHEMES MADE BY LOCAL HIGHWAY AUTHORITIES
Preliminary action to be taken by the Secretary of State
14.(1) Where the Secretary of State intends to cause an inquiry to be held, he shall, not later than 4 weeks after the date specified in paragraph (2), give written notice of that intention to the promoting authority and to each statutory objector at the address furnished to the Secretary of State.
(2) The date referred to in paragraph (1) is the date of expiry of the period within which an objection to the order or scheme may be made.
Procedure where Secretary of State causes pre-inquiry meeting to be held
15.(1) The Secretary of State may cause a pre-inquiry meeting ("a meeting") to be held if it appears to him desirable and where he does so this rule applies.
(2) The Secretary of State shall serve with the relevant notice a notification of his intention to cause a meeting to be held.
(3) The promoting authority shall, not later than 3 weeks after the relevant date, publish in a local newspaper circulating in the locality in which the site or sites are situated or, if more than one, a local newspaper circulating in each such locality a notice of the Secretary of State's intention to cause a meeting to be held.
(4) The promoting authority shall, not later than 8 weeks after the relevant date, serve on the Secretary of State and on each statutory objector an outline statement.
(5) When required by notice in writing from the Secretary of State to do so-
(a) any statutory objector, and
(b) any other person who has notified him of any intention or wish to appear at the inquiry,
shall, within 8 weeks from the date of such notice, serve upon the Secretary of State, on the promoting authority and on any other person specified in such notice, an outline statement.
(6) A meeting shall be held not later than 16 weeks after the relevant date.
(7) The Secretary of State shall give not less than 3 weeks' written notice of the date, time and location of the meeting to the promoting authority, each statutory objector and any other person whose presence at the meeting seems to him to be desirable.
(8) The inspector shall preside at the meeting and shall determine the matters to be discussed and the procedure to be followed; and he may require any person present at the meeting who, in his opinion, is behaving in a disruptive manner to leave and may refuse to permit that person to return or to attend any further meeting, or may permit him to return or attend only on such conditions as he may specify.
(9) Where a meeting has been held pursuant to paragraph (1), the inspector may hold a further meeting. He shall arrange for such notice to be given of a further meeting as appears to him necessary and paragraph (8) shall apply to such a meeting.
Service of statements of case, etc
16.(1) The promoting authority shall not later than-
(a) 6 weeks after the relevant date, or
(b) where a pre-inquiry meeting is held pursuant to rule 15, 4 weeks after the conclusion of that meeting,
serve a statement of case on the Secretary of State and on each statutory objector.
(2) In addition to the statement of case served under paragraph (1) the promoting authority shall serve-
(a) upon the Secretary of State a copy of every document or the relevant part of any document which he intends to refer to or put in evidence and of the notice mentioned in sub-paragraph (b) below, and
(b) upon each statutory objector a notice giving the names of all places, within each area in which the proposals contained in the order or scheme are to have effect (or as close as reasonably possible to any such area), where a copy of every document or the relevant part of any document which the promoting authority intends to refer to or put in evidence may be inspected free of charge at all reasonable hours until the date of commencement of the inquiry.
(3) When required by notice in writing from the Secretary of State to do so-
(a) any statutory objector, or
(b) any other person who has notified him of any intention or wish to appear at the inquiry,
shall, within 6 weeks from the date of such notice, serve a statement of case on the Secretary of State and on the promoting authority.
(4) In addition to the statement of case served under paragraph (3) every person mentioned in paragraph 3(a) and (b) shall serve upon the Secretary of State and the promoting authority, if required by the Secretary of State to do so, a copy of every document or the relevant part of any document which such person intends to refer to or put in evidence.
(5) The promoting authority shall supply a copy of the promoting authority's statement of case and of the notice mentioned in paragraph (2)(b) to any person who is not a statutory objector but who has been required to serve a statement of case under paragraph (3).
(6) When required by notice in writing from the Secretary of State or the inspector to do so, any person who has served a statement of case in accordance with this rule shall provide such further information about the matters contained in the statement as the Secretary of State or the Inspector may specify.
(7) The promoting authority shall afford to any person who requests a reasonable opportunity to inspect and, where practicable and subject to payment by that person of a reasonable charge, take copies of any statement or document which, or a copy of which, has been served on or by him in accordance with any of the preceding paragraphs of this rule; and shall specify in his (NB grammatical error: should read "its") statement of case the time and place at which the opportunity will be afforded.
Further power of inspector to hold pre-inquiry meetings
17.(1) Where no pre-inquiry meeting is held pursuant to rule 15, the inspector may hold one if he thinks it desirable.
(2) The inspector shall arrange for not less than 3 weeks' written notice of a meeting pursuant to paragraph (1) to be given to the promoting authority, each statutory objector, any other person known at the date of the notice to be entitled to appear at the inquiry, and any other person whose presence at the meeting appears to him to be desirable.
(3) Rule 15(8) shall apply to a meeting held under this rule.
Inquiry timetable
18.(1) Where a pre-inquiry meeting is held pursuant to rule 15 the inspector shall, and in any other case may, subject to the provisions of rule 20(1), arrange a timetable for the proceedings at, or at part of, the inquiry and may at any time vary the timetable.
(2) An inspector may specify in a timetable arranged pursuant to this rule a date by which any proof of evidence and summary required by rule 23(1) to be sent to him shall be so sent.
Notification of appointment of assessor
19. Where the Secretary of State appoints an assessor, he shall notify the promoting authority and the statutory objectors of the assessor's name and of the matters on which he is to advise the inspector.
Date and notification of inquiry
20.(1) The date fixed by the Secretary of State for the commencement of an inquiry shall be determined in consultation with the promoting authority but shall be:
(a) not later than 22 weeks after the relevant date; or
(b) in a case where a pre-inquiry meeting is held pursuant to rule 15, not later than 8 weeks after the conclusion of that meeting; or
(c) where the Secretary of State is satisfied that in all the circumstances of the case it is impracticable to hold the inquiry within the applicable period mentioned in (a) or (b), the earliest practicable date after the end of that period.
(2) Unless the Secretary of State agrees a lesser period of notice with the promoting authority and each statutory objector, he shall give not less than 6 weeks' notice of the date, time and place fixed by him for the holding of an inquiry to every person specified in rule 22(1).
(3) The place at which the inquiry is to be held shall be determined by the Secretary of State in consultation with the promoting authority and where the Secretary of State is satisfied, having regard to the nature of the order or scheme, that it is reasonable to do so he may direct that it shall be held in more than one place.
(4) The Secretary of State may vary the date fixed for the commencement of an inquiry whether or not the revised date is within the applicable period mentioned in paragraph (1); and paragraph (2) shall apply to a variation of a date as it applied to the date originally fixed.
(5) The Secretary of State may vary the time or place for the holding of an inquiry and shall give such notice of any such variation as appears to him to be reasonable.
(6) Unless the Secretary of State otherwise directs, the promoting authority shall, not later than 2 weeks before the date fixed for the holding of an inquiry:
(a) post a notice of the inquiry in a conspicuous place or (in the case of an order or scheme making provision for highway works more than 5 kilometres in length) at intervals of not more than 5 kilometres, on or as close as reasonably practicable to the site or, where more than one site is involved, to each site;
(b) post a notice of the inquiry in one or more places where public notices are usually posted in the locality or localities concerned; and
(c) publish a notice of the inquiry in one or more local newspapers circulating in the locality in which the site or sites are situated or, if more than one locality is concerned, in one or more newspapers circulating in each such locality.
(7) Any notice of inquiry posted or published pursuant to paragraph (6) shall contain a statement of the date, time and place (or where a direction has been given under paragraph (3) above, the places) of the inquiry, and of the relevant section under which the scheme or order has been made, together with a sufficient description of the scheme or order to identify the location of the land to which they relate with or without reference to a specified map.
(8) Where an inquiry is to be held in more than one place paragraphs (2) to (7) shall apply to the second and any subsequent inquiry location.
Representatives of government departments at inquiry
21.(1) Where a government department has expressed in writing to the promoting authority a view in support of the order or scheme and the promoting authority has included that view in its statement of case, a representative of the department concerned shall be made available to attend the inquiry.
(2) Such representative shall at the inquiry state the reasons for the view expressed by his department and shall give evidence and be subject to cross-examination to the same extent as any other witness.
(3) Nothing in paragraph (2) shall require such representative of a government department to answer any question which in the opinion of the inspector is directed to the merits of government policy.
Other appearances at inquiry
22.(1) The promoting authority and every statutory objector shall be entitled to appear at the inquiry.
(2) Nothing in paragraph (1) shall prevent the inspector from permitting any other person to appear at the inquiry, and such permission shall not be unreasonably withheld.
(3) Any person entitled or permitted to appear may do so on his own behalf or be represented by counsel, solicitor or any other person.
(4) The inspector may allow one or more persons to appear on behalf of some or all of any persons having a similar interest in the matter under inquiry.
PART IV
RULES APPLICABLE TO ALL INQUIRIES
Proofs of evidence
23.(1) A person entitled to appear at an inquiry who proposes to give, or to call another person to give, evidence at the inquiry by reading a proof of evidence shall send to the inspector and to the promoting authority a copy of the proof and (subject to paragraph (2) below) a written summary thereof.
(2) No written summary shall be required where the proof which it is proposed to read contains not more than 1,500 words.
(3) The proof and summary shall be sent to the inspector and the promoting authority not later than-
(a) 3 weeks before the date fixed for the commencement of the inquiry, or
(b) where a timetable has been arranged pursuant to rule 8 or 18, which specified a date by which the proof and summary shall be sent to the inspector, that date.
(4) Unless paragraph (2) applies, only the summary shall be read at the inquiry unless the inspector permits or requires otherwise.
(5) The promoting authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable and on payment of a reasonable charge, take copies of any document sent to or by them in accordance with this rule.
Procedure at inquiry
24.(1) Except as otherwise provided in these Rules, the inspector shall determine the procedure at an inquiry.
(2) Unless in any particular case the inspector with the consent of the promoting authority otherwise determines, the promoting authority shall begin and shall have the right of final reply. The other persons entitled or permitted to appear shall be heard in such order as the inspector may determine.
(3) Persons specified in rule 13(1) and 22(1) shall be entitled to call evidence, and the promoting authority and the statutory objectors shall be entitled to cross-examine persons giving evidence, but, subject to paragraphs (2), (4), (5) and (7), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the inspector's discretion.
(4) The inspector may refuse to permit-
(a) the giving or production of evidence,
(b) the cross-examination of persons giving evidence, or
(c) the presentation of any other matter
which he considers to be irrelevant or repetitious but, where he refuses to permit the giving of oral evidence for these reasons, the person wishing to give evidence may submit to him in writing any such evidence or matter before the close of the inquiry.
(5) Where a person gives evidence at an inquiry by reading a summary in accordance with rule 23(4), the proof referred to in rule 23(1) shall, unless the person required to provide the summary notifies the inspector that he now wishes to rely on the contents of that summary only, be treated as tendered in evidence, and the person whose evidence the proof contains shall then be subject to cross-examination on it to the same extent as if it were evidence he had given orally.
(6) The inspector may direct the promoting authority to provide facilities so that any person appearing at any inquiry may take or obtain copies of documentary evidence open to public inspection, subject to such a person paying to the promoting authority a reasonable charge for the provision of the facilities.
(7) The inspector may require any person appearing or present at an inquiry who, in his opinion, is behaving in a disruptive manner to leave and may refuse to permit that person to return, or may permit him to return only on such conditions as he may specify; but any such person may submit to him in writing any evidence or other matters before the close of the inquiry.
(8) The inspector may allow any person to alter or add to a statement of case served under rule 6 or 16 so far as may be necessary for the purposes of the inquiry; but he shall (if necessary by adjourning the inquiry) give every other person specified in rule 13(1) or 22(1) an adequate opportunity of considering any fresh matter or document introduced by the promoting authority.
(9) The inspector may proceed with an inquiry in the absence of any person entitled to appear at it.
(10) The inspector may take into account any written representation or evidence or any other document received by him from any person before an inquiry opens or during the inquiry, provided that he discloses it at the inquiry.
(11) The inspector may from time to time adjourn an inquiry and, if the date, time and place of the adjourned inquiry be announced at the inquiry before the adjournment, no further notice shall be required.
Site inspections
25.(1) The inspector may make an unaccompanied inspection of any site to which the order or scheme relates before or during an inquiry without giving notice of his intention to the persons specified in rule 13(1) or 22(1).
(2) The inspector may, during an inquiry or after its close, inspect such a site in the company of a representative of the promoting authority and any statutory objector; and he shall make such an inspection if so requested by the promoting authority or by any statutory objector before or during an inquiry.
(3) In all cases where the inspector intends to make an inspection of the kind referred to in paragraph (2) he shall announce during the inquiry the date and time at which he proposes to make it.
(4) The inspector shall not be bound to defer an inspection of the kind referred to in paragraph (2) where any person mentioned in that paragraph is not present at the time appointed.
Procedure after inquiry
26.(1) After the close of an inquiry, the inspector shall make a report in writing to the Secretary of State, which shall include his conclusions and his recommendations or his reasons for not making any recommendations.
(2) Where an assessor has been appointed, he may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which he was appointed to advise.
(3) Where an assessor makes a report in accordance with paragraph (2), the inspector shall append it to his own report and shall state in his own report how far he agrees or disagrees with the assessor's report and, where he disagrees with the assessor, his reasons for that disagreement.
(4) If, after the close of an inquiry, the Secretary of State-
(a) differs from the inspector on any matter of fact mentioned in, or appearing to him to be material to, a conclusion reached by the inspector, or
(b) takes into consideration any new evidence or new matters of fact (not being a matter of government policy),
and is for that reason disposed to disagree with a recommendation made by the inspector, he shall not come to a decision which is at variance with that recommendation without first notifying such of the persons specified in rule 13(1) or 22(1) who appear to him to be likely to be affected thereby, and who appeared at the inquiry, of his disagreement and the reasons for it; and affording them an opportunity either of making written representations to him within 3 weeks of the date of the notification, or (if the Secretary of State has taken into consideration any new evidence or new matters of fact, not being a matter of government policy) of asking within that period for the reopening of the inquiry.
(5) The Secretary of State may, as he thinks fit, cause an inquiry to be reopened, and he shall do so if asked by the promoting authority (in a case where that authority is a local highway authority) or by a statutory objector in the circumstances and within the period mentioned in paragraph (4); and where an inquiry is reopened (whether by the same or a different inspector)-
(a) the Secretary of State shall send to the persons specified in rule 13(1) or 22(1) who appeared at the inquiry a written statement of the matters with respect to which further evidence is invited; and
(b) paragraphs (2) to (6) of Rule 10 and paragraphs (2) to (7) of Rule 20 shall apply,
(i) as if references to an inquiry were references to a reopened inquiry, but with the substitution in paragraph (2) of "4 weeks" for "6 weeks", and
(ii) as if the words "whether or not the revised date is within the applicable period mentioned in paragraph (1)" were omitted from paragraph (4).
Notification of decision
27.(1) The Secretary of State shall notify his decision, and the reasons for it, in writing to the promoting authority (in a case where the promoting authority is a local highway authority), to the statutory objectors and to any other person who, having appeared at the inquiry, has asked to be notified of the decision.
(2) Where a copy of the inspector's report is not sent with the notification of the decision, the notification shall be accompanied by a statement of his conclusions and of any recommendations made by him; and if a person entitled to be notified of the decision has not received a copy of that report, he shall be supplied with a copy of it on written application made to the Secretary of State within 4 weeks of the date of the decision.
(3) In this rule "report" includes any assessor's report appended to the inspector's report but does not include any other documents so appended; but any person who has received a copy of the report may apply to the Secretary of State in writing within 6 weeks of the date of the Secretary of State's decision, for an opportunity of inspecting any such documents and the Secretary of State shall afford him that opportunity.
Allowing further time
28. The Secretary of State may at any time in any particular case allow further time for the taking of any step which is required or enabled to be taken by virtue of these Rules, and references in these Rules to a date by which, or a period within which, any step is required or enabled to be taken shall be construed accordingly.
Service of notices by post
29. Notices or documents required or authorised to be served or sent under any of the provisions of these Rules may be sent by post.
Revocation, savings and transitional
30.(1) Subject to paragraph (2), the Highways (Inquiries Procedure) Rules 1976 ("the 1976 Rules") are revoked.
(2) The 1976 Rules shall continue to apply to any inquiry into an order or scheme in respect of which a notice of inquiry under rule 4 or 9 of the 1976 Rules has been given before the date on which these Rules come into force, but this paragraph shall not apply to any inquiry reopened by the Secretary of State after the coming into force of these Rules, pursuant to rule 15(3) of the 1976 Rules.
Dated 15th December 1994
Mackay of Clashfern, C.
EXPLANATORY NOTE
(This note is not part of the Rules)
These Rules regulate the procedures to be followed in England and Wales in respect of public local inquiries which are held in connection with schemes and orders proposed to be made by the Secretary of State or made by local highway authorities under Part II of the Highways Act 1980. They replace the Highways (Inquiries Procedure) Rules 1976 (S.I. 1976/721), which are revoked, subject to the transitional provisions contained in rule 30(2).
These Rules establish a detailed timetable for each procedural step, and provide for the submission of proofs of evidence in advance of the inquiry in addition to the regulation of matters relating to the conduct of the inquiry itself and to the notification of the Secretary of State's decision. Other new features include the regulation of pre-inquiry meetings and provisions relating to assessors, whom the Secretary of State may appoint to sit with and advise inspectors. There are also minor and drafting amendments, some of which are consequential upon the consolidation in 1980 of highways legislation.
Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the Council declaration of 22 November 1973 on the programme of action of the European Communities on the environment (4) calls for specific action to protect birds, supplemented by the resolution of the Council of the European Communities and of the representatives of the Governments of the Member States meeting within the Council of 17 May 1977 on the continuation and implementation of a European Community policy and action programme on the environment (5);
(1) OJ No C 24, 1.2.1977, p.3; OJ No C 201, 23.8.1977, p.2.
(2) OJ No C 163, 11.7.1977, p.28.
(3) OJ No C 152, 29.6.1977, p.3.
(4) OJ No C 112, 20.12.1973, p.40.
(5) OJ No C 139, 13.6.1977, p.1.
Whereas a large number of species of wild birds naturally occurring in the European Territory of the Member States are declining in number, very rapidly in some cases; whereas this decline represents a serious threat to the conservation of the natural environment, particularly because of the biological balances threatened thereby;
Whereas the species of wild birds naturally occurring in the European territory of the Member States are mainly migratory species; whereas such species constitute a common heritage and whereas effective bird protection is typically a trans-frontier environment problem entailing common responsibilities;
Whereas the conditions of life for birds in Greenland are fundamentally different from those in the other regions of the European territory of the Member States on account of the general circumstances and in particular the climate, the low density of population and the exceptional size and geographic situation of the island;
Whereas therefore this Directive should not apply to Greenland;
Whereas the conservation of the species of wild birds naturally occurring in the European territory of the Member States is necessary to attain, within the operation of the Common Market, of the Community's objectives regarding the improvement of living conditions, a harmonious development of economic activities throughout the Community and a continuous and balanced expansion, but the necessary specific powers to act have not been provided for in the Treaty;
Whereas the measures to be taken must apply to the various factors which may affect the numbers of birds, namely the repercussions of man's activities and in particular the destruction and pollution of their habitats, capture and killing by man and the trade resulting from such practices; whereas the stringency of such measures should be adapted to the particular situation of the various species within the framework of a conservation policy;
Whereas conservation is aimed at the long-term protection and management of natural resources as an integral part of the heritage of the peoples of Europe; whereas it makes possible to control natural resources and governs their use on the basis of the measures necessary for the maintenance and adjustment of the natural balances between species as far as is reasonably possible;
Whereas the preservation, maintenance or restoration of a sufficient diversity and area of habitats is essential to the conservation of all species of birds; whereas certain species of birds should be the subject of special conservation measures concerning their habitats in order to ensure their survival and reproduction in their area of distribution; whereas such measures must also take account of migratory species and be coordinated with a view to setting up a coherent whole;
Whereas, in order to prevent commercial interests from exerting a possible harmful pressure on exploitation levels it is necessary to impose a general ban on marketing and to restrict all derogation to those species whose biological status so permits, account being taken of the specific conditions obtaining in the different regions;
Whereas, because of their high population level, geographical distribution and reproductive rate in the Community as a whole, certain species may be hunted, which constitutes acceptable exploitation; where certain limits are established and respected, such hunting must be compatible with maintenance of the population of these species at a satisfactory level;
Whereas the various means, devices or methods of large-scale or non-selective capture or killing and hunting with certain forms of transport must be banned because of the excessive pressure which they exert or may exert on the numbers of the species concerned;
Whereas, because of the importance which may be attached to certain specific situations, provision should be made for the possibility of certain derogations on certain conditions and subject to monitoring by the Commission;
Whereas the conservation of birds and, in particular, migratory birds still presents problems which call for scientific research; whereas such research will also make it possible to assess the effectiveness of the measures taken;
Whereas care should be taken in consultation with the Commission to see that the introduction of any species of wild bird not naturally occurring in the European territory of the Member States does not cause harm to local flora and fauna;
Whereas the Commission will every three years prepare and transmit to the Member States a composite report based on information submitted by the Member States on the application of national provisions introduced pursuant to this Directive;
Whereas it is necessary to adapt certain Annexes rapidly in the light of technical and scientific progress; whereas, to facilitate the implementation of the measures needed for this purpose, provision should be made for a procedure establishing close cooperation between the Member States and the Commission in a Committee for Adaptation to Technical and Scientific Progress,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive relates to the conservation of all species of naturally occurring birds in the wild state in the European territory of the Member States to which the Treaty applies. It covers the protection, management and control of these species and lays down rules for their exploitation.
2. It shall apply to birds, their eggs, nests and habitats.
3. This Directive shall not apply to Greenland.
Article 2
Member States shall take the requisite measures to maintain the population of the species referred to in Article 1 at a level which corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements, or to adapt the population of these species to that level.
Article 3
1. In the light of the requirements referred to in Article 2, Member States shall take the requisite measures to preserve, maintain or re-establish a sufficient diversity and area of habitats for all the species of birds referred to in Article 1.
2. The preservation, maintenance and re-establishment of biotypes and habitats shall include primarily the following measures:
(a) creation of protected areas;
(b) upkeep and management in accordance with the ecological needs of habitats inside and outside the protected zones;
(c) re-establishment of destroyed biotypes;
(d) creation of biotypes.
Article 4
1. The species mentioned in Annex 1 shall be the subject of special conservation measures concerning their habitat in order to ensure their survival and reproduction in their area of distribution.
In this connection, account shall be taken of:
(a) species in danger of extinction;
(b) species vulnerable to specific changes in their habitat;
(c) species considered rare because of small populations or restricted local distribution;
(d) other species requiring particular attention for reasons of the specific nature of their habitat.
Trends and variations in population levels shall be taken into account as a background for evaluations.
Member States shall classify in particular the most suitable territories in number and size as special protection areas for the conservation of these species, taking into account their protection requirements in the geographical sea and land area where this Directive applies.
2. Member States shall take similar measures for regularly occurring migratory species not listed in Annex 1, bearing in mind their need for protection in the geographical sea and land area where this Directive applies, as regards their breeding, moulting and wintering areas and staging posts along their migration routes. To this end, Member States shall pay particular attention to the protection of wetlands and particularly to wetlands of international importance.
3. Member States shall send the Commission all relevant information so that it may take appropriate initiatives with a view to the coordination necessary to ensure that the areas provided for in paragraphs 1 and 2 above form a coherent whole which meets the protection requirements of these species in the geographical sea and land area where this Directive applies.
4. In respect of the protection areas referred to in paragraphs 1 and 2 above, Member States shall take appropriate steps to avoid pollution or deterioration of habitats or any disturbances affecting the birds, in so far as these would be significant having regard to the objectives of this Article. Outside these protection areas, Member States shall also strive to avoid pollution or deterioration of habitats.
(Articles 5 to 17 are not reproduced here as they are of limited relevance to anti-road campaigning)
Article 18
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within two years of its notification. They shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.
Article 19
This Directive is addressed to the Member States.
Done at Luxembourg, 2 April 1979.
For the Council
The President
J. FRANCOIS-PONCET
The following is the current Annex 1, as substituted for the original Annex 1 by Commission Directive 91/244/EEC of 6th March 1991, and as further amended on 1st January 1995. The full Annex 1 contains the official Latin names of the birds as well as their names in several Community languages: I have only reproduced the English names.
1. Red-throated Diver 2. Black-throated Diver
3. Great Northern Diver 4. Slavonian Grebe
5. Freira 6. Gon-gon
7. Bulwer's Petrel 8. Cory's Shearwater
9. Manx Shearwater 10. Little Shearwater
(Balearic subspecies)
11. Frigate Petrel 12. Storm Petrel
13. Leach's Storm-Petrel 14. Madeiran Storm-Petrel
15. Cormorant 16. Shag
(continental subspecies) (Mediterranean subspecies)
17. Pygmy Cormorant 18. White Pelican
19. Dalmatian Pelican 20. Bittern
21. Little Bittern 22. Night Heron
23. Squacco Heron 24. Little Egret
25. Great White Egret 26. Purple Heron
27. Black Stork 28. White Stork
29. Glossy Ibis 30. Spoonbill
31. Greater Flamingo 32. Bewick's Swan
33. Whooper Swan 34. White-fronted Goose
(Greenland subspecies)
35. Lesser White-fronted Goose 36. Barnacle Goose
37. Red-breasted Goose 38. Ruddy Shelduck
39. Marbled Teal 40. White-eyed Pochard
40a. Sinew
41. White-headed Duck 42. Honey Buzzard
43. Black-shouldered Kite 44. Black Kite
45. Red Kite 46. White-tailed Eagle
47. Bearded Vulture 48. Egyptian Vulture
49. Griffon Vulture 50. Black Vulture
51. Short-toed Eagle 52. Marsh Harrier
53. Hen Harrier 54. Pallid Harrier
55. Montagu's Harrier 56. Goshawk (Corsican-
Sardinian subspecies)
57. Sparrowhawk (Canarian- 58. Levant Sparrowhawk
Madeiran subspecies)
59. Long-legged Buzzard 60. Lesser Spotted Eagle
61. Spotted Eagle 62. Imperial Eagle
63. Spanish Imperial Eagle 64. Golden Eagle
65. Booted Eagle 66. Bonelli's Eagle
67. Osprey 68. Lesser Kestrel
69. Merlin 70. Eleonora's Falcon
71. Lanner Falcon 72. Peregrine
71a. Gyr Falcon
73. Hazel Grouse 74. Ptarmigan (Pyrenean subspecies)
75. Ptarmigan (Alpine subspecies) 76. Black Grouse (continental subspecies)
77. Capercaillie 78. Rock Partridge (Alpine subspecies)
79. Rock Partridge 80. Barbary Partridge
(Sicilian subspecies)
81. Partridge (Italian subspecies) 82. Partridge (Iberian subspecies)
83. Spotted Crake 84. Little Crake
85. Baillon's Crake 86. Corncrake
87. Purple Gallinule 88. Crested Coot
89. Andalusian Hemipode 90. Crane
91. Little Bustard 92. Houbara
93. Great Bustard 94. Black-winged Stilt
95. Avocet 96. Stone Curlew
97. Cream-coloured Courser 98. Collared Pratincole
99. Dotterel 100. Golden Plover
101. Spur-winged Plover 102. Ruff
103. Great Snipe 104. Slender-billed Curlew
103a. Bar-tailed Godwit 105a. Terek Sandpiper
105. Wood Sandpiper 106. Red-necked Phalarope
107. Mediterranean Gull 108. Slender-billed Gull
109. Audouin's Gull 110. Gull-billed Tern
111. Caspian Tern 112. Sandwich Tern
113. Roseate Tern 114. Common Tern
115. Arctic Tern 116. Little Tern
117. Whiskered Tern 118. Black Tern
119. Guillemot (Iberian subspecies) 120. Black-bellied Sandgrouse
121. Pin-tailed Sandgrouse 122. Woodpigeon (Azores subspecies)
123. Long-toed Pigeon 124. Bolle's Laurel Pigeon
125. Laurel Pigeon 126. Eagle Owl
127. Snowy Owl 128. Pygmy Owl
127a. Hawk Owl 128a. Great Grey Owl
128b. Ural Owl
129. Short-eared Owl 130. Tengmalm's Owl
131. Nightjar 132. White-rumped Swift
133. Kingfisher 134. Roller
135. Grey-headed Woodpecker 136. Black Woodpecker
137. Great Spotted Woodpecker 138. Great Spotted Woodpecker
(Teneriffe subspecies) (Gran Canaria subspecies)
139. Syrian woodpecker 140. Middle Spotted Woodpecker
141. White-backed Woodpecker 142. Three-toed Woodpecker
143. Dupont's Lark 144. Calandra Lark
145. Short-toed Lark 146. Thekla Lark
147. Woodlark 148. Tawny Pipit
149. Wren (Fair Isle subspecies) 150. Bluethroat
151. Canary Islands Stonechat 152. Black Wheatear
153. Moustached Warbler 154. Aquatic Warbler
155. Olive-tree Warbler 156. Marmora's Warbler
157. Dartford Warbler 158. Ruppell's Warbler
159. Barred Warbler 160. Red-breasted Flycatcher
161. Semi-collared Flycatcher 162. Collared Flycatcher
163. Kruper's Nuthatch 164. Corsican Nuthatch
165. Red-backed Shrike 166. Lesser Grey Shrike
167. Chough 168. Chaffinch (Hierro subspecies)
169. Canary Island Chaffinch 170. Scottish Crossbill
171. Trumpeter Finch 172. Azores Bullfinch
173. Cinereous Bunting 174. Ortolan Bunting
175. Cretzschmar's Bunting
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Having regard to the opinion of the Economic and Social Committee,
Whereas the 1973 and 1977 action programmes of the European Communities on the environment, as well as the 1983 action programme, the main outlines of which have been approved by the Council of the European Communities and the representatives of the Governments of the Member States, stress that the best environmental policy consists in preventing the creation of pollution or nuisances at source, rather than subsequently trying to counteract their effects; whereas they affirm the need to take effects on the environment into account at the earliest possible stage in all the technical planning and decision-making processes; whereas to that end, they provide for the implementation of procedures to evaluate such effects;
Whereas the disparities between the laws in force in the various Member States with regard to the assessment of the environmental effects of public and private projects may create unfavourable competitive conditions and thereby directly affect the functioning of the common market; whereas, therefore, it is necessary to approximate national laws in this field pursuant to Article 100 of the Treaty;
Whereas, in addition, it is necessary to achieve one of the Community's objectives in the sphere of the protection of the environment and the quality of life;
Whereas, since the Treaty has not provided the powers required for this end, recourse should be had to Article 235 of the Treaty;
Whereas general principles for the assessment of environmental effects should be introduced with a view to supplementing and co-ordinating development consent procedures governing public and private projects likely to have a major effect on the environment;
Whereas development consent for public and private projects which are likely to have significant effects on the environment should be granted only after prior assessment of the likely significant environmental effects of these projects has been carried out; whereas this assessment must be conducted on the basis of the appropriate information supplied by the developer, which may be supplemented by the authorities and by the people who may be concerned by the project in question;
Whereas the principles of the assessment of environmental effects should be harmonised, in particular with reference to the projects which should be subject to assessment, the main obligations of the developers and the content of the assessment;
Whereas projects belonging to certain types have significant effects on the environment and these projects must as a rule be subject to systematic assessment;
Whereas projects of other types may not have significant effects on the environment in every case and whereas these projects should be assessed where the Member States consider that their characteristics so require;
Whereas, for projects which are subject to assessment, a certain minimal amount of information must be supplied, concerning the project and its effects;
Whereas the effects of a project on the environment must be assessed in order to take account of concerns to protect human health, to contribute by means of a better environment to the quality of life, to ensure maintenance of the diversity of species and to maintain the reproductive capacity of the ecosystem as a basic resource for life;
Whereas, however, this Directive should not be applied to projects the details of which are adopted by a specific act of national legislation, since the objectives of this Directive, including that of supplying information, are achieved through the legislative process;
Whereas, furthermore, it may be appropriate in exceptional cases to exempt a specific project from the assessment procedures laid down by this Directive, subject to appropriate information being supplied to the Commission,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive shall apply to the assessment of the environmental effects of those public and private projects which are likely to have significant effects on the environment.
2. For the purposes of this Directive:
"project" means:
- the execution of construction works or of other installations or schemes;
- other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources;
"developer" means:
the applicant for authorisation for a private project or the public authority which initiates a project;
"development consent" means:
the decision of the competent authority or authorities which entitles the developer to proceed with the project;
3. The competent authority or authorities shall be that or those which the Member States designate as responsible for performing the duties arising from this Directive.
4. Projects serving national defence purposes are not covered by this Directive.
5. This Directive shall not apply to projects the details of which are adopted by a specific act of national legislation, since the objectives of this Directive, including that of supplying information, are achieved through the legislative process.
Article 2
1. Member States shall adopt all measures necessary to ensure that, before consent is given, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to an assessment with regard to their effects.
These projects are defined in Article 4.
2. The environmental impact assessment may be integrated into the existing procedures for consent to projects in the Member States, or, failing this, into other procedures or into procedures to be established to comply with the aims of this Directive.
3. Member States may, in exceptional cases, exempt a specific project in whole or in part from the provisions laid down in this Directive.
In this event, the Member States shall:
(a) consider whether another form of assessment would be appropriate and whether the information thus collected should be made available to the public;
(b) make available to the public concerned the information relating to the exemption and the reasons for granting it;
(c) inform the Commission, prior to granting consent, of the reasons justifying the exemption granted, and provide it with the information made available, where appropriate, to their own nationals.
The Commission shall immediately forward the documents received to the other Member States.
The Commission shall report annually to the Council on the application of this paragraph.
Article 3
The environmental impact assessment will identify, describe and assess in an appropriate manner, in the light of each individual case and in accordance with the Articles 4 to 11, the direct and indirect effects of a project on the following factors:
- human beings, fauna and flora,
- soil, water, air, climate and the landscape,
- the inter-action between the factors mentioned in the first and second indents,
- material assets and the cultural heritage.
Article 4
1. Subject to Article 2(3), projects of the classes listed in Annex I shall be made subject to an assessment in accordance with Articles 5 to 10.
2. Projects of the classes listed in Annex II shall be made subject to an assessment, in accordance with Articles 5 to 10, where Member States consider that their characteristics so require.
To this end Member States may inter alia specify certain types of projects as being subject to an assessment or may establish the criteria and/or thresholds necessary to determine which of the projects of the classes listed in Annex II are to be subject to an assessment in accordance with Articles 5 to 10.
Article 5
1. In the case of projects which, pursuant to Article 4, must be subjected to an environmental impact assessment in accordance with Articles 5 to 10, Member States shall adopt the necessary measures to ensure that the developer supplies in an appropriate form the information specified in Annex III inasmuch as:
(a) the Member States consider that the information is relevant to a given stage of the consent procedure and to the specific characteristics of a particular project or type of project and of the environmental features likely to be affected;
(b) the Member States consider that a developer may reasonably be required to compile this information having regard inter alia to current knowledge and methods of assessment.
2. The information to be provided by the developer in accordance with paragraph 1 shall include at least:
- a description of the project comprising information on the site, design and size of the project,
- a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects,
- the data required to identify and assess the main effects which the project is likely to have on the environment,
- a non-technical summary of the information mentioned in indents 1 to 3.
3. Where they consider it necessary, Member States shall ensure that any authorities with relevant information in their possession make this information available to the developer.
Article 6
1. Member States shall take the measures necessary to ensure that the authorities likely to be concerned by the project by reason of their specific environmental responsibilities are given an opportunity to express their opinion on the request for development consent. Member States shall designate the authorities to be consulted for this purpose in general terms or in each case when the request for consent is made. The information gathered pursuant to Article 5 shall be forwarded to these authorities. Detailed arrangements for consultation shall be laid down by the Member States.
2. Member States shall ensure that:
- any request for development consent and any information gathered pursuant to Article 5 are made available to the public,
- the public concerned is given the opportunity to express an opinion before the project is initiated.
3. The detailed arrangements for such information and consultation shall be determined by the Member States, which may in particular, depending on the particular characteristics of the projects or sites concerned:
- determine the public concerned,
- specify the places where the information can be consulted,
- specify the way in which the public may be informed, for example by bill-posting within a certain radius, publication in local newspapers, organisation of exhibitions with plans, drawings, tables, graphs, models,
- determine the manner in which the public is to be consulted, for example, by written submissions, by public enquiry,
- fix appropriate time limits for the various stages of the procedure in order to ensure that a decision is taken within a reasonable period.
Article 7
Where a Member State is aware that a project is likely to have significant effects on the environment in another Member State or where a Member State likely to be significantly affected so requests, the Member State in whose territory the project is intended to be carried out shall forward the information gathered pursuant to Article 5 to the other Member State at the same time as it makes it available to its own nationals. Such information shall serve as a basis for any consultations necessary in the framework of the bilateral relations between two Member States on a reciprocal and equivalent basis.
Article 8
Information gathered pursuant to Articles 5, 6 and 7 must be taken into consideration in the development consent procedure.
Article 9
When a decision has been taken, the competent authority or authorities shall inform the public concerned of:
- the content of the decision and any conditions attached thereto,
- the reasons and considerations on which the decision is based where the Member States' legislation so provides.
The detailed arrangements for such information shall be determined by the Member States.
If another Member State has been informed pursuant to Article 7, it will also be informed of the decision in question.
Article 10
The provisions of this Directive shall not affect the obligation on the competent authorities to respect the limitations imposed by national regulations and administrative provisions and accepted legal practices with regard to industrial and commercial secrecy and the safeguarding of the public interest.
Where Article 7 applies, the transmission of information to another Member State and the reception of information by another Member State shall be subject to the limitations in force in the Member State in which the project is proposed.
Article 11
1. The Member States and the Commission shall exchange information on the experience gained in applying this Directive.
2. In particular, Member States shall inform the Commission of any criteria and/or thresholds adopted for the selection of the projects in question, in accordance with Article 4(2), or of the types of projects concerned which, pursuant to Article 4(2), are subject to assessment in accordance with Articles 5 to 10.
3. Five years after notification of this Directive, the Commission shall send the European Parliament and the Council a report on its application and effectiveness. The report shall be based on the aforementioned exchange of information.
4. On the basis of this exchange of information, the Commission shall submit to the Council additional proposals, should this be necessary, with a view to this Directive's being applied in a sufficiently co-ordinated manner.
Article 12
1. Member States shall take the measures necessary to comply with this Directive within three years of its notification. (This Directive was notified to the Member States on July 3, 1985.)
2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.
Article 13
The provisions of this Directive shall not affect the right of Member States to lay down stricter rules regarding scope and procedure when assessing environmental effect.
Article 14
This Directive is addressed to the Member States.
Done at Luxembourg, June 27, 1985.
Annex I
This lists the projects subject to Article 4(1), namely those projects which shall be made subject to an assessment, ie an assessment is obligatory. It includes the construction of "motorways" and "express roads."
For the purposes of the Directive, "express road" means a road which complies with the definition in the European Agreement on main international traffic arteries of November 15, 1975, published in the UK in 1977 as a Command Paper (Cmnd. 6993).
Annex II
This lists the projects subject to Article 4(2), namely those projects which shall be made subject to an assessment where Member States consider that their characteristics so require, ie an assessment is optional. It includes the construction of "roads" (no further definition is given).
Annex III
Information referred to in Article 5(1)
1. Description of the project, including in particular:
- a description of the physical characteristics of the whole project and the land-use requirements during the construction and operational phases,
- a description of the main characteristics of the production processes, for instance, nature and quantity of the materials used,
- an estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation etc.) resulting from the operation of the proposed project.
2. Where appropriate, an outline of the main alternatives studied by the developer and an indication of the main reasons for his choice, taking into account the environmental effects.
3. A description of the aspects of the environment likely to be significantly affected by the proposed project, including, in particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors.
4. A description (this description should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the project) of the likely significant effects of the proposed project on the environment resulting from:
- the existence of the project,
- the use of natural resources,
- the emission of pollutants, the creation of nuisances and the elimination of waste; and the description by the developer of the forecasting methods used to assess the effects on the environment.
5. A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment.
6. A non-technical summary of the information provided under the above headings.
7. An indication of any difficulties (technical deficiencies or lack of know-how) encountered by the developer in compiling the required information.
Having regard to the Treaty establishing the European Economic Community, and in particular Article 130s thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Considering the principles and objectives defined by the action programmes of the European Communities on the environment of 1973 (4), 1977 (5) and 1983 (6), and more particularly the action programme of 1987 (7), which calls, in particular, for devising "ways of improving public access to information held by environmental authorities";
Whereas the Council of the European Communities and the representatives of the Governments of the Member States, meeting within the Council, declared in their resolution of 19 October 1987 on the continuation and implementation of a European Community policy and action programme on the environment (1987 to 1992 (8) that it was important, in compliance with the respective responsibilities of the Community and the Member States, to concentrate Community action on certain priority areas, including better access to information on the environment;
Whereas the European Parliament stressed, in its opinion on the fourth action programme of the European Communities on the environment (9), that "access to information for all must be made possible by a specific Community programme";
(1) OJ No C 335, 30.12.1988, p.5
(2) OJ No C 120, 16.5.1989, p.231
(3) OJ No C 139, 5.6.1989, p.47
(4) OJ No C 112, 20.12.1973, p.1
(5) OJ No C 139, 13.6.1977, p.1
(6) OJ No C 46, 17.2.1983, p.1
(7) OJ No C 70, 18.3.1987, p.3
(8) OJ No C 289, 29.10.87, p.3
(9) OJ No C 156, 15.6.1987, p.138
Whereas access to information on the environment held by public authorities will improve environmental protection;
Whereas the disparities between the laws in force in the Member States concerning access to information on the environment held by public authorities can create inequality within the Community as regards access to information and/or as regards conditions of competition;
Whereas it is necessary to guarantee to any natural or legal person throughout the Community free access to available information on the environment in written, visual, aural or data-base form held by public authorities, concerning the state of the environment, activities or measures adversely affecting, or likely so to affect the environment, and those designed to protect it;
Whereas, in certain specific and clearly defined cases, it may be justified to refuse a request for information relating to the environment;
Whereas a refusal by a public authority to forward the information requested must be justified;
Whereas it must be possible for the applicant to appeal against the public authority's decision;
Whereas access to information relating to the environment held by bodies with public responsibilities for the environment and under the control of public authorities should also be ensured;
Whereas, as part of an overall strategy to disseminate information on the environment, general information should actively be provided to the public on the state of the environment;
Whereas the operation of this Directive should be subject to a review in the light of the experience gained,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The object of this Directive is to ensure freedom of access to, and dissemination of, information on the environment held by public authorities and to set out the basic terms and conditions on which such information should be made available.
Article 2
For the purposes of this Directive:
(a) "information relating to the environment" shall mean any available information in written, visual, aural or data-base form on the state of water, air, soil, fauna, flora, land and natural sites, and on activities (including those which give rise to nuisances such as noise) or measures adversely affecting, or likely so to affect these, and on activities or measures designed to protect these, including administrative measures and environmental management programmes;
(b) "public authorities" shall mean any public administration at national, regional or local level with responsibilities, and possessing information, relating to the environment with the exception of bodies acting in a judicial or legislative capacity.
Article 3
1. Save as provided in this Article, Member States shall ensure that public authorities are required to make available information relating to the environment to any natural or legal person at his request and without his having to prove an interest.
Member States shall define the practical arrangements under which such information is effectively made available.
2. Member States may provide for a request for such information to be refused where it affects:
- the confidentiality of the proceedings of public authorities, international relations and national defence,
- public security,
- matters which are, or have been, sub judice, or under enquiry (including disciplinary enquiries), or which are the subject of preliminary investigation proceedings,
- commercial and industrial confidentiality, including intellectual property,
- the confidentiality of personal data and/or files,
- material supplied by a third party without that party being under a legal obligation to do so,
- material, the disclosure of which would make it more likely that the environment to which such material related would be damaged.
Information held by public authorities shall be supplied in part where it is possible to separate out information on items concerning the interests referred to above.
3. A request for information may be refused where it would involve the supply of unfinished documents or data or internal communications, or where the request is manifestly unreasonable or formulated in too general a manner.
4. A public authority shall respond to a person requesting information as soon as possible and at the latest within two months. The reasons for a refusal to provide the information requested must be given.
Article 4
A person who considers that his request for information has been unreasonably refused or ignored, or has been inadequately answered by a public authority, may seek a judicial or administrative review of the decision in accordance with the relevant national legal system.
Article 5
Member States may make a charge for supplying the information, but such charge may not exceed a reasonable cost.
Article 6
Member States shall take the necessary steps to ensure that information relating to the environment held by bodies with public responsibilities for the environment and under the control of public authorities is made available on the same terms and conditions as those set out in Articles 3, 4 and 5 either via the competent public authority or directly by the body itself.
Article 7
Member States shall take the necessary steps to provide general information to the public on the state of (the) environment by such means as the periodic publication of descriptive reports.
Article 8
Four years after the date referred to in Article 9(1), the Member States shall report to the Commission on the experience gained in the light of which the Commission shall make a report to the European Parliament and the Council together with any proposal for revision which it may consider appropriate.
Article 9
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1992 at the latest. They shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the main provisions of national law which they adopt in the field governed by this Directive.
Article 10
This Directive is addressed to the Member States.
Done at Luxembourg, 7 June 1990
For the Council
The President
P. FLYNN
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 130s thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the preservation, protection and improvement of the quality of the environment, including the conservation of natural habitats and of wild fauna and flora, are an essential objective of general interest pursued by the Community, as stated in Article 130r of the Treaty;
Whereas the European Community policy and action programme on the environment (1987 to 1992) (4) makes provision for measures regarding the conservation of nature and natural resources;
Whereas, the main aim of this Directive being to promote the maintenance of biodiversity, taking account of economic, social, cultural and regional requirements, this Directive makes a contribution to the general objective of sustainable development; whereas the maintenance of such biodiversity may in certain cases require the maintenance, or indeed the encouragement, of human activities;
Whereas, in the European territory of the Member States, natural habitats are continuing to deteriorate and an increasing number of wild species are seriously threatened; whereas given that the threatened habitats and species form part of the Community's natural heritage and the threats to them are often of a transboundary nature, it is necessary to take measures at Community level in order to conserve them;
Whereas, in view of the threats to certain types of natural habitat and certain species, it is necessary to define them as having priority in order to favour the early implementation of measures to conserve them;
Whereas, in order to ensure the restoration or maintenance of natural habitats and species of Community interest at a favourable conservation status, it is necessary to designate special areas of conservation in order to create a coherent European ecological network according to a specified timetable;
Whereas all the areas designated, including those classified now or in the future as special protection areas pursuant to Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (5), will have to be incorporated into the coherent European ecological network;
(1) OJ No C 247, 21.9.1988, p.3 and
OJ No C 195, 3.8.1990. p.1.
(2) OJ No C 75, 20.3.1991, p.12.
(3) OJ No C 31, 6.2.1991, p.25.
(4) OJ No C 328, 7.12.1987, p.1.
(5) OJ No L 103, 25.4.1979, p.1. Directive as last amended by Directive 91/244/ECC (OJ No L 115, 8.5.1991, p.41.)
Whereas it is appropriate, in each area designated, to implement the necessary measures having regard to the conservation objectives pursued;
Whereas sites eligible for designation as special areas of conservation are proposed by the Member States but whereas a procedure must nevertheless be laid down to allow the designation in exceptional cases of a site which has not been proposed by a Member State but which the Community considers essential for either the maintenance or the survival of a priority natural habitat type or a priority species;
Whereas an appropriate assessment must be made of any plan or programme likely to have a significant effect on the conservation objectives of a site which has been designated or is designated in future;
Whereas it is recognised that the adoption of measures intended to promote the conservation of priority natural habitats and priority species of Community interest is a common responsibility of all Member States; whereas this may, however, impose an excessive financial burden on certain Member States given, on the one hand, the uneven distribution of such habitats and species throughout the Community and, on the other hand, the fact that the "polluter pays" principle can only have limited application in the special case of nature conservation;
Whereas it is therefore agreed that, in this exceptional case, a contribution by means of Community co-financing should be provided for within the limits of the resources made available under the Community's decisions;
Whereas land-use planning and development policies should encourage the management of features of the landscape which are of major importance for wild fauna and flora;
Whereas a system should be set up for surveillance of the conservation status of the natural habitats and species covered by this Directive;
Whereas a general system of protection is required for certain species of flora and fauna to complement Directive 79/409/EEC; whereas provision should be made for management measures for certain species, if their conservation status so warrants, including the prohibition of certain means of capture or killing, whilst providing for the possibility of derogations on certain conditions;
Whereas, with the aim of ensuring that the implementation of this Directive is monitored, the Commission will periodically prepare a composite report based, inter alia, on the information sent to it by the Member States regarding the application of national provisions adopted under this Directive;
Whereas the improvement of scientific and technical knowledge is essential for the implementation of this Directive; whereas it is consequently appropriate to encourage the necessary research and scientific work;
Whereas technical and scientific progress mean that it must be possible to adapt the Annexes; whereas a procedure should be established whereby the Council can amend the Annexes;
Whereas a regulatory committee should be set up to assist the Commission in the implementation of this Directive and in particular when decisions on Community co-financing are taken;
Whereas provision should be made for supplementary measures governing the reintroduction of certain native species of fauna and flora and the possible introduction of non-native species;
Whereas education and general information relating to the objectives of this Directive are essential for ensuring its effective implementation,
HAS ADOPTED THIS DIRECTIVE.
(The remainder of this Directive is not reproduced. It consists of 42 further pages of highly complex, detailed and technical information about species and habitats to be conserved. If you want to rely on this Directive, for example at a public inquiry, you will need to obtain a copy of the original from the Official Journal of the European Communities, and get an expert to interpret it for you.)
356 Inspection of register and index
(1) Except when the register of members is closed under the provisions of this Act, the register and the index of members' names shall be open to the inspection of any member of the company without charge, and of any other person on payment of such fee as may be prescribed. [œ3.00]
(2) (Repealed)
(3) Any member of the company or other person may require a copy of the register, or of any part of it, on payment of such fee as may be prescribed; [œ7.00 for up to 20 pages] and the company shall cause any copy so required by a person to be sent to him within 10 days beginning with the day next following that on which the requirement is received by the company.
(4) (Repealed)
(5) If an inspection required under this section is refused, or if a copy so required is not sent within the proper period, the company and every officer of it who is in default is liable in respect of each offence to a fine.
(6) In the case of such refusal or default, the court may by order compel an immediate inspection of the register and index, or direct that the copies required be sent to the persons requiring them.
369 Length of notice for calling meetings
(1) A provision of a company's articles is void in so far as it provides for the calling of a meeting of the company (other than an adjourned meeting) by a shorter notice than-
(a) in the case of the annual general meeting, 21 days' notice in writing; and
(b) in the case of a meeting other than an annual general meeting or a meeting for the passing of a special resolution-
(i) 7 days' notice in writing in the case of an unlimited company, and
(ii) otherwise, 14 days' notice in writing.
(2) Save in so far as the articles of a company make other provision in that behalf (not being a provision avoided by subsection (1)), a meeting of the company (other than an adjourned meeting) may be called-
(a) in the case of the annual general meeting, by 21 days' notice in writing; and
(b) in the case of a meeting other than an annual general meeting or a meeting for the passing of a special resolution-
(i) by 7 days' notice in writing in the case of an unlimited company, and
(ii) otherwise, 14 days' notice in writing.
(3) Notwithstanding that a meeting is called by shorter notice than that specified in subsection (2) or in the company's articles (as the case may be), it is deemed to have been duly called if it is so agreed-
(a) in the case of a meeting called as the annual general meeting, by all the members entitled to attend and vote at it; and
(b) otherwise, by the requisite majority.
(4) The requisite majority for this purpose is a majority in number of the members having a right to attend and vote at the meeting, being a majority-
(a) together holding not less than 95 per cent in nominal value of the shares giving a right to attend and vote at the meeting; or
(b) in the case of a company not having a share capital, together representing not less than 95 per cent of the total voting rights at that meeting of all the members.
A private company may elect (by elective resolution in accordance with section 379A) that the above provisions shall have effect in relation to the company as if for the references to 95 per cent there were substituted references to such lesser percentage, but not less than 90 per cent, as may be specified in the resolution or subsequently determined by the company in general meeting.
370 General provisions as to meetings and votes
(1) The following provisions have effect in so far as the articles of the company do not make other provision in that behalf.
(2) Notice of the meeting of a company shall be served on every member of it in the manner in which notices are required to be served by Table A (as for the time being in force).
(3) Two or more members holding not less than one-tenth of the issued share capital or, if the company does not have a share capital, not less than 5 per cent in number of the members of the company may call a meeting.
(4) Two members personally present are a quorum.
(5) Any member elected by the members present at a meeting may be chairman of it.
(6) In the case of a company originally having a share capital, every member has one vote in respect of each share or each œ10 of stock held by him; and in any other case every member has one vote.
372 Proxies
(1) Any member of a company entitled to attend and vote at a meeting of it is entitled to appoint another person (whether a member or not) as his proxy to attend and vote instead of him; and in the case of a private company a proxy appointed to attend and vote instead of a member has also the same right as the member to speak at the meeting.
(2) But, unless the articles otherwise provide-
(a) subsection (1) does not apply in the case of a company not having a share capital; and
(b) a member of a private company is not entitled to appoint more than one proxy to attend on the same occasion; and
(c) a proxy is not entitled to vote except on a poll.
(3) In the case of a company having a share capital, in every notice calling a meeting of the company there shall appear with reasonable prominence a statement that a member entitled to attend and vote is entitled to appoint a proxy or, where that is allowed, one or more proxies to attend and vote instead of him, and that a proxy need not also be a member.
(4) If default is made in complying with subsection (3) as respects any meeting, every officer of the company who is in default is liable to a fine.
(5) A provision contained in a company's articles is void in so far as it would have the effect of requiring the instrument appointing a proxy, or any other document necessary to show the validity of, or otherwise relating to, the appointment of a proxy, to be received by the company or any other person more than 48 hours before a meeting or adjourned meeting in order that the appointment may be effective.
(6) If for the purpose of any meeting of a company invitations to appoint as proxy a person or one of a number of persons specified in the invitations are issued at the company's expense to some only of the members entitled to be sent a notice of the meeting and to vote at it by proxy, then every officer of the company who knowingly and wilfully authorises or permits their issue in that manner is liable to a fine.
However, an officer is not so liable by reason only of the issue to a member at his request in writing of a form of appointment naming the proxy, or of a list of persons willing to act as proxy, if the form or list is available on request in writing to every member entitled to vote at the meeting by proxy.
(7) This section applies to meetings of any class of members of a company as it applies to general meetings of the company.
373 Right to demand a poll
(1) A provision contained in a company's articles is void in so far as it would have the effect either-
(a) of excluding the right to demand a poll at a general meeting on any question other than the election of the chairman of the meeting or the adjournment of the meeting; or
(b) of making ineffective a demand for a poll on any such question which is made either-
(i) by not less than 5 members having the right to vote at the meeting; or
(ii) by a member or members representing not less than one-tenth of the total voting rights of all the members having the right to vote at the meeting; or
(iii) by a member or members holding shares in the company conferring a right to vote at the meeting, being shares on which an aggregate sum has been paid up equal to not less than one-tenth of the total sum paid up on all the shares conferring that right.
(2) The instrument appointing a proxy to vote at a meeting of a company is deemed also to confer authority to demand or join in demanding a poll; and for the purposes of subsection (1) a demand by a person as proxy for a member is the same as a demand by the member.
383 Inspection of minute books
(1) The books containing the minutes of proceedings of any general meeting of a company held on or after 1st November 1929 shall be kept at the company's registered office, and shall be open to the inspection of any member without charge.
(2) (Repealed)
(3) Any member shall be entitled on payment of such fee as may be prescribed [œ10.00] to be furnished, after he has made a request in that behalf to the company, with a copy of any such minutes as are referred to above.
(4) If an inspection required under this section is refused or if a copy required under this section is not sent within the proper time, the company and every officer of it who is in default is liable in respect of each offence to a fine.
(5) In the case of any such refusal or default, the court may by order compel an immediate inspection of the books in respect of all proceedings of general meetings, or direct that the copies required be sent to the persons requiring them.
(1) Written notice shall be given in accordance with this section of any proposal to hold a public procession intended-
(a) to demonstrate support for or opposition to the views or actions of any person or body of persons,
(b) to publicise a cause or campaign, or
(c) to mark or commemorate an event,
unless it is not reasonably practicable to give any advance notice of the procession.
(2) Subsection (1) does not apply where the procession is one commonly or customarily held in the police area (or areas) in which it is proposed to be held or is a funeral procession organised by a funeral director acting in the normal course of his business.
(3) The notice must specify the date when it is intended to hold the procession, the time when it is intended to start it, its proposed route, and the name and address of the person (or of one of the persons) proposing to organise it.
(4) Notice must be delivered to a police station-
(a) in the police area in which it is proposed the procession will start, or
(b) where it is proposed the procession will start in Scotland and cross into England, in the first police area in England on the proposed route.
(5) If delivered not less than 6 clear days before the date when the procession is intended to be held, the notice may be delivered by post by the recorded delivery service; but section 7 of the Interpretation Act 1978 (under which a document sent by post is deemed to have been served when posted and to have been delivered in the ordinary course of post) does not apply.
(6) If not delivered in accordance with subsection (5), the notice must be delivered by hand not less than 6 clear days before the date when the procession is intended to be held or, if that is not reasonably practicable, as soon as delivery is reasonably practicable.
(7) Where a public procession is held, each of the persons organising it is guilty of an offence if-
(a) the requirements of this section as to notice have not been satisfied, or
(b) the date when it is held, the time when it starts, or its route, differs from the date, time or route specified in the notice.
(8) It is a defence for the accused to prove that he did not know of, and neither suspected nor had reason to suspect, the failure to satisfy the requirements or (as the case may be) the difference of date, time or route.
(9) To the extent that an alleged offence turns on a difference of date, time or route, it is a defence for the accused to prove that the difference arose from circumstances beyond his control or from something done with the agreement of a police officer or by his direction.
(10) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
12. Imposing conditions on public processions
(1) If the senior police officer, having regard to the time or place at which and the circumstances in which any public procession is being held or is intended to be held and to its route or proposed route, reasonably believes that-
(a) it may result in serious public disorder, serious damage to property or serious disruption to the life of the community, or
(b) the purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do,
he may give directions imposing on the persons organising or taking part in the procession such conditions as appear to him necessary to prevent such disorder, damage, disruption or intimidation, including conditions as to the route of the procession or prohibiting it from entering any public place specified in the directions.
(2) In subsection (1) "the senior police officer" means-
(a) in relation to a procession being held, or to a procession intended to be held in a case where persons are assembling with a view to taking part in it, the most senior in rank of the police officers present at the scene, and
(b) in relation to a procession intended to be held in a case where paragraph (a) does not apply, the chief officer of police.
(3) A direction given by a chief officer of police by virtue of subsection (2)(b) shall be given in writing.
(4) A person who organises a public procession and knowingly fails to comply with a condition imposed under this section is guilty of an offence, but it is a defence for him to prove that the failure arose from circumstances beyond his control.
(5) A person who takes part in a public procession and knowingly fails to comply with a condition imposed under this section is guilty of an offence, but it is a defence for him to prove that the failure arose from circumstances beyond his control.
(6) A person who incites another to commit an offence under subsection (5) is guilty of an offence.
(7) A constable in uniform may arrest without warrant anyone he reasonably suspects is committing an offence under subsection (4), (5) or (6).
(8) A person guilty of an offence under subsection (4) 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.
(9) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(10) A person guilty of an offence under subsection (6) 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, notwithstanding section 45(3) of the Magistrates' Courts Act 1980 (inciter liable to same penalty as incited).
13. Prohibiting public processions
(1) If at any time the chief officer of police reasonably believes that, because of particular circumstances existing in any district or part of a district, the powers under section 12 will not be sufficient to prevent the holding of public processions in that district or part from resulting in serious public disorder, he shall apply to the council of the district for an order prohibiting for such period not exceeding 3 months as may be specified in the application the holding of all public processions (or of any class of public procession so specified) in the district or part concerned.
(2) On receiving such an application, a council may with the consent of the Secretary of State make an order either in the terms of the application or with such modifications as may be approved by the Secretary of State.
(3) Subsection (1) does not apply in the City of London or the metropolitan police district.
(4) If at any time the Commissioner of Police for the City of London or the Commissioner of Police of the Metropolis reasonably believes that, because of particular circumstances existing in his police area or part of it, the powers under section 12 will not be sufficient to prevent the holding of public processions in that area or part from resulting in serious public disorder, he may with the consent of the Secretary of State make an order prohibiting for such period not exceeding 3 months as may be specified in the order the holding of all public processions (or of any class of public procession so specified) in the area or part concerned.
(5) An order made under this section may be revoked or varied by a subsequent order made in the same way, that is, in accordance with subsections (1) and (2) or subsection (4), as the case may be.
(6) Any order under this section shall, if not made in writing, be recorded in writing as soon as practicable after being made.
(7) A person who organises a public procession the holding of which he knows is prohibited by virtue of an order under this section is guilty of an offence.
(8) A person who takes part in a public procession the holding of which he knows is prohibited by virtue of an order under this section is guilty of an offence.
(9) A person who incites another to commit an offence under subsection (8) is guilty of an offence.
(10) A constable in uniform may arrest without warrant anyone he reasonably suspects is committing an offence under subsection (7), (8) or (9).
(11) A person guilty of an offence under subsection (7) 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.
(12) A person guilty of an offence under subsection (8) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(13) A person guilty of an offence under subsection (9) 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, notwithstanding section 45(3) of the Magistrates' Courts Act 1980.
14. Imposing conditions on public assemblies
(1) If the senior police officer, having regard to the time or place at which and the circumstances in which any public assembly is being held or is intended to be held, reasonably believes that-
(a) it may result in serious public disorder, serious damage to property or serious disruption to the life of the community, or
(b) the purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do,
he may give directions imposing on the persons organising or taking part in the assembly such conditions as to the place at which the assembly may be (or continue to be) held, its maximum duration, or the maximum number of persons who may constitute it, as appear to him necessary to prevent such disorder, damage, disruption or intimidation.
(2) In subsection (1) "the senior police officer" means-
(a) in relation to an assembly being held, the most senior in rank of the police officers present at the scene, and
(b) in relation to an assembly intended to be held, the chief officer of police.
(3) A direction given by a chief officer of police by virtue of subsection (2)(b) shall be given in writing.
(4) A person who organises a public assembly and knowingly fails to comply with a condition imposed under this section is guilty of an offence, but it is a defence for him to prove that the failure arose from circumstances beyond his control.
(5) A person who takes part in a public assembly and knowingly fails to comply with a condition imposed under this section is guilty of an offence, but it is a defence for him to prove that the failure arose from circumstances beyond his control.
(6) A person who incites another to commit an offence under subsection (5) is guilty of an offence.
(7) A constable in uniform may arrest without warrant anyone he reasonably suspects is committing an offence under subsection (4), (5) or (6).
(8) A person guilty of an offence under subsection (4) 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.
(9) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(10) A person guilty of an offence under subsection (6) 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, notwithstanding section 45(3) of the Magistrates' Courts Act 1980.
14A Trespassory assemblies
(1) If at any time the chief officer of police reasonably believes that an assembly is intended to be held in any district at a place on land to which the public has no right of access or only a limited right of access and that the assembly-
(a) is likely to be held without the permission of the occupier of the land or to conduct itself in such a way as to exceed the limits of any permission of his or the limits of the public's right of access, and
(b) may result-
(i) in serious disruption to the life of the community, or
(ii) where the land, or a building or monument on it, is of historical, architectural, archaeological or scientific importance, in significant damage to the land, building or monument,
he may apply to the council of the district for an order prohibiting for a specified period the holding of all trespassory assemblies in the district or a part of it, as specified.
(2) On receiving such an application, a council may-
(a) in England and Wales, with the consent of the Secretary of State make an order either in the terms of the application or with such modifications as may be approved by the Secretary of State; or
(b) in Scotland, make an order in the terms of the application.
(3) Subsection (1) does not apply in the City of London or the metropolitan police district.
(4) If at any time the Commissioner of Police for the City of London or the Commissioner of Police of the Metropolis reasonably believes that an assembly is intended to be held at a place on land to which the public has no right of access in his police area and that the assembly-
(a) is likely to be held without the permission of the occupier of the land or to conduct itself in such a way as to exceed the limits of any permission of his or the limits of the public's right of access, and
(b) may result-
(i) in serious disruption to the life of the community, or
(ii) where the land, or a building or monument on it, is of historical, architectural, archaeological or scientific importance, in significant damage to the land, building or monument,
he may with the consent of the Secretary of State make an order prohibiting for a specified period the holding of all trespassory assemblies in the area or a part of it, as specified.
(5) An order prohibiting the holding of trespassory assemblies operates to prohibit any assembly which-
(a) is held on land to which the public has no right of access or only a limited right of access, and
(b) takes place in the prohibited circumstances, that is to say, without the permission of the occupier of the land or so as to exceed the limits of any permission of his or the limits of the public's right of access.
(6) No order under this section shall prohibit the holding of assemblies for a period exceeding 4 days or in an area exceeding an area represented by a circle with a radius of 5 miles from a specified centre.
(7) An order made under this section may be revoked or varied by a subsequent order made in the same way, that is, in accordance with subsection (1) and (2) or subsection (4), as the case may be.
(8) Any order under this section shall, if not made in writing, be recorded in writing as soon as practicable after being made.
(9) In this section and sections 14B and 14C-
"assembly" means an assembly of 20 or more persons;
"land" means land in the open air;
"limited", in relation to a right of access by the public to land, means that their use of it is restricted to use for a particular purpose (as in the case of a highway or road) or is subject to other restrictions;
"occupier" means -
(a) in England and Wales, the person entitled to possession of the land by virtue of an estate or interest held by him; or
(b) in Scotland, the person lawfully entitled to natural possession of the land,
and in subsections (1) and (4) includes the person reasonably believed by the authority applying for or making the order to be the occupier;
"public" includes a section of the public; and
"specified" means specified in an order under this section.
(10) In relation to Scotland, the references in subsection (1) above to a district and to the council of the district shall be construed-
(a) as respects applications before 1st April 1996, as references to the area of a regional or islands authority and to the authority in question; and
(b) as respects applications on and after that date, as references to a local government area and to the council for that area.
(11) In relation to Wales, the references in subsection (1) above to a district and to the council of the district shall be construed, as respects applications on and after 1st April 1996, as references to a county or county borough and to the council for that county or county borough.
14B. (1) A person who organises an assembly the holding of which he knows is prohibited by an order under section 14A is guilty of an offence.
(2) A person who takes part in an assembly which he knows is prohibited by an order under section 14A is guilty of an offence.
(3) In England and Wales, a person who incites another to commit an offence under subsection (2) is guilty of an offence.
(4) A constable in uniform may arrest without a warrant anyone he reasonably suspects to be committing an offence under this section.
(5) A person guilty of an offence under subsection (1) 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.
(6) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7) A person guilty of an offence under subsection (3) 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, notwithstanding section 45(3) of the Magistrates' Courts Act 1980.
(8) Subsection (3) above is without prejudice to the application of any principle of Scots Law as respects art and part guilt to such incitement as is mentioned in that subsection.
14C. (1) If a constable in uniform reasonably believes that a person is on his way to an assembly within the area to which an order under section 14A applies which the constable reasonably believes is likely to be an assembly which is prohibited by that order, he may, subject to subsection (2) below-
(a) stop that person, and
(b) direct him not to proceed in the direction of the assembly.
(2) The power conferred by subsection (1) may only be exercised within the area to which the order applies.
(3) A person who fails to comply with a direction under subsection (1) which he knows has been given to him is guilty of an offence.
(4) A constable in uniform may arrest without a warrant anyone he reasonably suspects to be committing an offence under this section.
(5) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
15. Delegation
(1) The chief officer of police may delegate, to such extent and subject to such conditions as he may specify, any of his functions under sections 12 to 14 to a deputy or assistant chief constable; and references in those sections to the person delegating shall be construed accordingly.
(2) Subsection (1) shall have effect in the City of London and the metropolitan police district as if "a deputy or assistant chief constable" read "an assistant commissioner of police".
16. Interpretation
In this Part-
"the City of London" means the City as defined for the purposes of the Acts relating to the City of London police;
"the metropolitan police district" means that district as defined in section 76 of the London Government Act 1963;
"public assembly" means an assembly of 20 or more persons in a public place which is wholly or partly open to the air;
"public place" means-
(a) any highway, or in Scotland any road within the meaning of the Roads (Scotland) Act 1984, and
(b) any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission;
"public procession" means a procession in a public place.
61.(1) If the senior police officer present at the scene reasonably believes that two or more persons are trespassing on land and are present there with the common purpose of residing there for any period, that reasonable steps have been taken by or on behalf of the occupier to ask them to leave and-
(a) that any of those persons has caused damage to the land or to property on the land or used threatening, abusive or insulting words or behaviour towards the occupier, a member of his family or an employee or agent of his, or
(b) that those persons have between them six or more vehicles on the land,
he may direct those persons, or any of them, to leave the land and to remove any vehicles or other property they have with them on the land.
(2) Where the persons in question are reasonably believed by the senior police officer to be persons who were not originally trespassers but have become trespassers on the land, the officer must reasonably believe that the other conditions specified in subsection (1) are satisfied after those persons became trespassers before he can exercise the power conferred by that subsection.
(3) A direction under subsection (1) above, if not communicated to the persons referred to in subsection (1) by the police officer giving the direction, may be communicated to them by any constable at the scene.
(4) If a person knowing that a direction under subsection (1) above has been given which applies to him-
(a) fails to leave the land as soon as reasonably practicable, or
(b) having left again enters the land as a trespasser within the period of three months beginning with the day on which the direction was given,
he commits an offence and 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.
(5) A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.
(6) 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, or
(b) that he had a reasonable excuse for failing to leave the land as soon as practicable or, as the case may be, for again entering the land as a trespasser.
(7) In its application in England and Wales to common land this section has effect as if in the preceding subsections of it-
(a) references to trespassing or trespassers were references to acts and persons doing acts which constitute either a trespass as against the occupier or an infringement of the commoners' rights; and
(b) references to "the occupier" included the commoners or any of them or, in the case of common land to which the public has access, the local authority as well as any commoner.
(8) Subsection (7) above 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.
(9) In this section-
"common land" means common land as defined in section 22 of the Commons Registration Act 1965;
"commoner" means a person with rights of common as defined in section 22 of the Commons Registration Act 1965;
"land" does not include-
(a) buildings other than-
(i) agricultural buildings within the meaning of, in England and Wales, paragraphs 3 to 8 of Schedule 5 to the Local Government Finance Act 1988 or, in Scotland, section 7(2) of the Valuation and Rating (Scotland) Act 1956, or
(ii) scheduled monuments within the meaning of the Ancient Monuments and Archaeological Areas Act 1979;
(b) land forming part of -
(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 the Cycle Tracks Act 1984; or
(ii) a road within the meaning of the Roads (Scotland) Act 1984 unless it falls within the definitions in section 151(2)(a)(ii) or (b) (footpaths and cycle tracks) of that Act or is a bridleway within the meaning of section 47 of the Countryside (Scotland) Act 1967;
"the local authority", in relation to common land, means any local authority which has powers in relation to the land under section 9 of the Commons Registration Act 1965;
"occupier" (and in subsection (8) "the other occupier") means -
(a) in England and Wales, the person entitled to possession of the land by virtue of an estate or interest held by him; and
(b) in Scotland, either-
(i) heritable property other than land; or
(ii) corporeal moveable property,
and "damage" includes the deposit of any substance capable of polluting the land;
"trespass" means, in the application of this section -
(a) in England and Wales, subject to the extensions effected by subsection (7) above, trespass as against the occupier of the land;
(b) in Scotland, entering, or as the case may be remaining on, land without lawful authority and without the occupier's consent; and
"trespassing" and "trespasser" shall be construed accordingly;
"vehicle" includes-
(a) any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle; and
(b) a caravan as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960;
and a person may be regarded for the purposes of this section as having a purpose of residing in a place notwithstanding that he has a home elsewhere.
62.(1) If a direction has been given under section 61 and a constable reasonably suspects that any person to whom the direction applies has, without reasonable excuse-
(a) failed to remove any vehicle on the land which appears to the constable to belong to him or to be in his possession or under his control; or
(b) entered the land as a trespasser with a vehicle within the period of three months beginning with the day on which the direction was given,
the constable may seize and remove that vehicle.
(2) In this section, "trespasser" and "vehicle" have the same meaning as in section 61.
Powers in relation to raves
63. (1) This section applies to a gathering on land in the open air of 100 or more persons (whether or not trespassers) at which amplified music is played during the night (with or without intermissions) and is such as, by reason of its loudness and duration and the time at which it is played, is likely to cause serious distress to the inhabitants of the locality; and for this purpose-
(a) such a gathering continues during intermissions in the music and, where the gathering extends over several days, throughout the period during which amplified music is played at night (with or without intermissions); and
(b) "music" includes sounds wholly or predominantly characterised by the emission of a succession of repetitive beats.
(2) If, as respects any land in the open air, a police officer of at least the rank of superintendent reasonably believes that-
(a) two or more persons are making preparations for the holding there of a gathering to which this section applies,
(b) ten or more persons are waiting for such a gathering to begin there, or
(c) ten or more persons are attending such a gathering which is in progress,
he may give a direction that those persons and any other persons who come to prepare or wait for or to attend the gathering are to leave the land and remove any vehicles or other property which they have with them on the land.
(3) A direction under subsection (2) above, if not communicated to the persons referred to in subsection (2) by the police officer giving the direction, may be communicated to them by any constable at the scene.
(4) Persons shall be treated as having had a direction under subsection (2) above communicated to them if reasonable steps have been taken to bring it to their attention.
(5) A direction under subsection (2) above does not apply to an exempt person.
(6) If a person knowing that a direction has been given which applies to him-
(a) fails to leave the land as soon as reasonably practicable, or
(b) having left again enters the land within the period of 7 days beginning with the day on which the direction was given,
he commits an offence and 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.
(7) In proceedings for an offence under this section it is a defence for the accused to show that he had a reasonable excuse for failing to leave the land as soon as reasonably practicable or, as the case may be, for again entering the land.
(8) A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.
(9) This section does not apply-
(a) in England and Wales, to a gathering licensed by an entertainment licence; or
(b) in Scotland, to a gathering in premises which, by virtue of section 41 of the Civic Government (Scotland) Act 1982, are licensed to be used as a place of entertainment.
(10) In this section-
"entertainment licence" means a licence granted by a local authority under-
(a) Schedule 12 to the London Government Act 1963;
(b) section 3 of the Private Places of Entertainment (Licensing) Act 1967; or
(c) Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982.
"exempt person", in relation to land (or any gathering on land), means the occupier, any member of his family and any employee or agent of his and any person whose home is situated on the land;
"land in the open air" includes a place partly open to the air;
"local authority" means -
(a) in Greater London, a London borough council or the Common Council of the City of London;
(b) in England outside Greater London, a district council or the council of the Isles of Scilly;
(c) in Wales, a county council or county borough council; and
"occupier", "trespasser" and "vehicle" have the same meaning as in section 61.
(11) Until 1st April 1996, in this section "local authority" means, in Wales, a district council.
64.(1) If a police officer of at least the rank of superintendent reasonably believes that circumstances exist in relation to any land which would justify the giving of a direction under section 63 in relation to a gathering to which that section applies he may authorise any constable to enter the land for any of the purposes specified in subsection (2) below.
(2) Those purposes are-
(a) to ascertain whether such circumstances exist; and
(b) to exercise any power conferred on a constable by section 63 or subsection (4) below.
(3) A constable who is so authorised to enter land for any purpose may enter the land without a warrant.
(4) If a direction has been given under section 63 and a constable reasonably suspects that any person to whom the direction applies has, without reasonable excuse-
(a) failed to remove any vehicle or sound equipment on the land which appears to the constable to belong to him or to be in his possession or under his control; or
(b) entered the land as a trespasser with a vehicle or sound equipment within the period of 7 days beginning with the day on which the direction was given,
the constable may seize and remove that vehicle or sound equipment.
(5) Subsection (4) above does not authorise the seizure of any vehicle or sound equipment of an exempt person.
(6) In this section -
"exempt person" has the same meaning as in section 63;
"sound equipment" means equipment designed or adapted for amplifying music and any equipment suitable for use in connection with such equipment, and "music" has the same meaning as in section 63; and
"vehicle" has the same meaning as in section 61.
65. (1) If a constable in uniform reasonably believes that a person is on his way to a gathering to which section 63 applies in relation to which a direction under section 63(2) is in force, he may, subject to subsections (2) and (3) below-
(a) stop that person, and
(b) direct him not to proceed in the direction of the gathering.
(2) The power conferred by subsection (1) above may only be exercised at a place within 5 miles of the boundary of the site of the gathering.
(3) No direction may be given under subsection (1) above to an exempt person.
(4) If a person knowing that a direction under subsection (1) above has been given to him fails to comply with that direction, he commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.
(6) In this section, "exempt person" has the same meaning as in section 63.
66.(1) Where a person is convicted of an offence under section 63 in relation to a gathering to which that section applies and the court is satisfied that any sound equipment which has been seized from him under section 64(4), or which was in his possession or under his control at the relevant time, has been used at the gathering the court may make an order for forfeiture under this subsection in respect of that property.
(2) The court may make an order under subsection (1) above whether or not it also deals with the offender in respect of the offence in any other way and without regard to any restrictions on forfeiture in any enactment.
(3) In considering whether to make an order under subsection (1) above in respect of any property a court shall have regard-
(a) to the value of the property; and
(b) to the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making).
(4) An order under subsection (1) above shall operate to deprive the offender of his rights, if any, in the property to which it relates, and the property shall (if not already in their possession) be taken into the possession of the police.
(5) Except in a case to which subsection (6) below applies, where any property has been forfeited under subsection (1) above, a magistrates' court may, on application by a claimant of the property, other than the offender from whom it was forfeited under subsection (1) above, make an order for delivery of the property to the applicant if it appears to the court that he is the owner of the property.
(6) In a case where forfeiture under subsection (1) above has been by order of a Scottish court, a claimant such as is mentioned in subsection (5) above may, in such manner as may be prescribed by act of adjournal, apply to that court for an order for the return of the property in question.
(7) No application shall be made under subsection (5), or by virtue of subsection (6), above by any claimant of the property after the expiration of 6 months from the date on which an order under subsection (1) above was made in respect of the property.
(8) No such application shall succeed unless the claimant satisfies the court either that he had not consented to the offender having possession of the property or that he did not know, and had no reason to suspect, that the property was likely to be used at a gathering to which section 63 applies.
(9) An order under subsection (5), or by virtue of subsection (6), above shall not affect the right of any person to take, within the period of 6 months from the date of an order under subsection (5), or as the case may be by virtue of subsection (6), above, proceedings for the recovery of the property from the person in possession of it in pursuance of the order, but on the expiration of that period the right shall cease.
(10) The Secretary of State may make regulations for the disposal of property, and for the application of the proceeds of sale of property, forfeited under subsection (1) above where no application by a claimant of the property under subsection (5), or by virtue of subsection (6), above has been made within the period specified in subsection (7) above or no such application has succeeded.
(11) The regulations may also provide for the investment of money and for the audit of accounts.
(12) The power to make regulations under subsection (10) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(13) In this section-
"relevant time", in relation to a person-
(a) convicted in England and Wales of an offence under section 63, means the time of his arrest for the offence or of the issue of a summons in respect of it;
(b) so convicted in Scotland, means the time of his arrest for, or of his being cited as an accused in respect of, the offence;
"sound equipment" has the same meaning as in section 64.
Retention and charges for seized property
67.(1) Any vehicles which have been seized and removed by a constable under section 62(1) or 64(4) may be retained in accordance with regulations made by the Secretary of State under subsection (3) below.
(2) Any sound equipment which has been seized and removed by a constable under section 64(4) may be retained until the conclusion of proceedings against the person from whom it was seized for an offence under section 63.
(3) The Secretary of State may make regulations -
(a) regulating the retention and safe keeping and the disposal and the destruction in prescribed circumstances of vehicles; and
(b) prescribing charges in respect of the removal, retention, disposal and destruction of vehicles.
(4) Any authority shall be entitled to recover from a person from whom a vehicle has been seized such charges as may be prescribed in respect of the removal, retention, disposal and destruction of the vehicle by the authority.
(5) Regulations under subsection (3) above may make different provisions for different classes of vehicles or for different circumstances.
(6) Any charges under subsection (4) above shall be recoverable as a simple contract debt.
(7) Any authority having custody of vehicles under regulations under subsection (3) above shall be entitled to retain custody until any charges under subsection (4) are paid.
(8) The power to make regulations under subsection (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(9) In this section-
"conclusion of proceedings" against a person means-
(a) his being sentenced or otherwise dealt with for the offence or his acquittal;
(b) the discontinuance of the proceedings; or
(c) the decision not to prosecute him,
whichever is the earlier.
"sound equipment" has the same meaning as in section 64; and
"vehicle" has the same meaning as in section 61.
Disruptive trespassers
68.(1) A person commits the offence of aggravated trespass if he trespasses on land in the open air and, in relation to any lawful activity which persons are engaging in or are about to engage in on that or adjoining land in the open air, 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 on that occasion without committing an offence or trespassing on the land.
(3) A person guilty of an offence under this section 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.
(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 this section "land" does not include-
(a) the highways and roads excluded from the application of section 61 by paragraph (b) of the definition of "land" in subsection 9 of that section; or
(b) a road within the meaning of the Roads (Northern Ireland) Order 1993.
69.(1) If the senior police officer present at the scene reasonably believes-
(a) that a person is committing, has committed or intends to commit the offence of aggravated trespass on land in the open air; or
(b) that two or more persons are trespassing on land in the open air and are present there with the common purpose of intimidating persons so as to deter them from engaging in a lawful activity or of obstructing or disrupting a lawful activity,
he may direct that person or (as the case may be) those persons (or any of them) to leave the land.
(2) A direction under subsection (1) above, if not communicated to the persons referred to in subsection (1) by the police officer giving the direction, may be communicated to them by any constable at the scene.
(3) If a person knowing that a direction under subsection (1) above has been given which applies to him-
(a) fails to leave the land as soon as practicable, or
(b) having left again enters the land as a trespasser within the period of three months beginning with the day on which the direction was given,
he commits an offence and 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.
(4) In proceedings for an offence under subsection (3) it is a defence for the accused to show-
(a) that he was not trespassing on the land, or
(b) that he had a reasonable excuse for failing to leave the land as soon as practicable or, as the case may be, for again entering the land as a trespasser.
(5) A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.
(6) In this section "lawful activity" and "land" have the same meaning as in section 68.
Violence for securing entry
6.(1) Subject to the following provisions of this section, any person who, without lawful authority, uses or threatens violence for the purpose of securing entry into any premises for himself or for any other person is guilty of an offence, provided that-
(a) there is someone present on those premises at the time who is opposed to the entry which the violence is intended to secure; and
(b) the person using or threatening the violence knows that that is the case.
(1A) Subsection (1) above does not apply to a person who is a displaced residential occupier or a protected intending occupier of the premises in question or who is acting on behalf of such an occupier; and if the accused adduces sufficient evidence that he was, or was acting on behalf of, such an occupier he shall be presumed to be, or to be acting on behalf of, such an occupier unless the contrary is proved by the prosecution.
(2) Subject to subsection 1A above, the fact that a person has any interest in or right to possession or occupation of any premises shall not for the purposes of subsection (1) above constitute lawful authority for the use or threat of violence by him or anyone else for the purpose of securing his entry into those premises.
(3) (repealed by section 72 CJA 1994)
(4) It is immaterial for the purposes of this section-
(a) whether the violence in question is directed against the person or against property; and
(b) whether the entry which the violence is intended to secure is for the purpose of acquiring possession of the premises in question or for any other purpose.
(5) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
(6) A constable in uniform may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, guilty of an offence under this section.
(7) Section 12 below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a displaced residential occupier of any premises or of any access to any premises, and section 12A below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a protected intending occupier of any premises or of any access to any premises.
13.(1) If the acquiring authority are under this Act authorised to enter on and take possession of any land, and the owner or occupier of any of that land, or any other person, refuses to give up possession of it, or hinders the acquiring authority from entering on or taking possession of it, the acquiring authority may issue their warrant to the sheriff to deliver possession of it to the person appointed in the warrant to receive it.
(2) On receipt of the warrant the sheriff shall deliver possession of any such land accordingly.
(3) The costs accruing by reason of the issue and execution of the warrant, to be settled by the sheriff, shall be paid by the person refusing to give possession, and the amount of those costs shall be deducted and retained by the acquiring authority from the compensation, if any, payable by them to that person.
(4) If no compensation is payable to the person refusing to give possession, or if it is less than the amount of the costs, that amount or the amount by which the costs exceed the compensation, if not paid on demand, shall be levied by distress, and on application to any justice of the peace for that purpose he shall issue his warrant accordingly.
(5) The said amount shall be levied by distress and sale of the goods and chattels of the person liable to pay that amount, and any surplus arising from the sale, after satisfying the amount due, and the expenses of the distress and sale, shall be returned, on demand, to the person whose goods or chattels have been distrained.
(6) In this section "sheriff" includes an under sheriff or other legally competent deputy, and means the sheriff for the area where the land is situated, or if land in one ownership is not situated wholly in one such area the sheriff for the area where any part of the land is situated.
1. Where a person claims possession of land which he alleges is occupied solely by a person or persons (not being a tenant or tenants holding over after the termination of the tenancy) who entered into or remained in occupation without his licence or consent or that of any predecessor in title of his, the proceedings may be brought by originating summons in accordance with the provisions of this Order.
Jurisdiction of masters
1A. Proceedings under this Order may be heard and determined by a master, who may refer them to a judge if he thinks they should properly be decided by the judge.
Forms of originating summons
2.(1) The originating summons shall be in form No.11A in Appendix A and no acknowledgement of service of it shall be required.
(2) The originating summons shall be endorsed with or contain a statement showing whether possession is claimed in respect of residential premises or in respect of other land.
Affidavit in support
3. The plaintiff shall file in support of the originating summons an affidavit stating-
(a) his interest in the land;
(b) the circumstances in which the land has been occupied without licence or consent and in which his claim to possession arises; and
(c) that he does not know the name of any person occupying the land who is not named in the summons;
and, unless the Court directs, any such affidavit may contain statements of information or belief with the sources and grounds thereof.
Service of originating summons
4.(1) Where any person in occupation of the land is named in the originating summons, the summons together with a copy of the affidavit in support shall be served on him-
(a) personally; or
(b) by leaving a copy of the summons and of the affidavit or sending them to him, at the premises; or
(c) in such other manner as the Court may direct.
(2) Where any person not named as a defendant is in occupation of the land, the summons shall be served (whether or not it is also required to be served in accordance with paragraph (1)), unless the court otherwise directs, by-
(a) affixing a copy of the summons and a copy of the affidavit to the main door or other conspicuous part of the premises and, if practicable, inserting through the letter-box at the premises a copy of the summons and a copy of the affidavit enclosed in a sealed transparent envelope addressed to "the occupiers", or
(b) placing stakes in the ground at conspicuous parts of the occupied land, to each of which shall be affixed a sealed transparent envelope addressed to "the occupiers" and containing a copy of the summons and a copy of the affidavit.
(2A) Every copy of an originating summons for service under paragraph (1) or (2) shall be sealed with the seal of the Office of the Supreme Court out of which the summons was issued.
(3) Order 28, rule 3 shall not apply to proceedings under this Order.
Application by occupier to be made a party
5. Without prejudice to Order 15, rules 6 and 10, any person not named as a defendant who is in occupation of the land and wishes to be heard on the question whether an order for possession should be made may apply at any stage of the proceedings to be joined as a defendant.
Order for possession
6.(1) A final order for possession in proceedings under this Order shall, except in case of emergency and by leave of the Court, not be made-
(a) in the case of residential premises, less than five clear days after the date of service, and
(b) in the case of other land, less than two clear days after the date of service.
(2) An order for possession in proceedings under this Order shall be in form No.42A.
(3) Nothing in this Order shall prevent the Court from ordering possession to be given on a specified date, in the exercise of any power which could have been exercised if possession had been claimed in an action begun by writ.
Writ of possession
7.(1) Order 45, rule 3(2) shall not apply in relation to an order for possession under this Order but no writ of possession to enforce such an order shall be issued after the expiry of three months from the date of the order without the leave of the Court.
An application for leave may be made ex parte unless the Court otherwise directs.
(2) The writ of possession shall be in Form No.66A.
Setting aside order
8. The Court may, on such terms as it thinks just, set aside or vary any order made in proceedings under this Order.
1. Where a person claims possession of land which he alleges is occupied solely by a person or persons (not being a tenant or tenants holding over after the termination of the tenancy) who entered into or remained in occupation without his licence or consent or that of any predecessor in title of his, the proceedings may be brought by originating application in accordance with the provisions of this Order.
Affidavit in support
2.(1) The applicant shall file in support of the originating application an affidavit stating-
(a) his interest in the land;
(b) the circumstances in which the land has been occupied without licence or consent and in which his claim to possession arises; and
(c) that he does not know the name of any person occupying the land who is not named in the originating application.
(2) Where the applicant considers that service in accordance with rule 3(2)(b) may be necessary, he shall provide, together with the originating application, sufficient stakes and sealable transparent envelopes for such service.
Service of originating application
3.(1) Where any person in occupation of the land is named in the originating application, the application shall be served on him-
(a) by delivering to him personally a copy of the originating application, together with the notice of the return day required by Order 3, rule 4(4)(b), and a copy of the affidavit in support, or
(b) by an officer of the court leaving the documents mentioned in subparagraph (a), or sending them to him, at the premises; or
(c) in accordance with Order 7, rule 11, as applied to originating applications by Order 3, rule 4(6), or
(d) in such other manner as the Court may direct.
(2) Where any person not named as a respondent is in occupation of the land, the originating application shall be served (whether or not it is also required to be served in accordance with paragraph (1)), unless the court otherwise directs, by-
(a) affixing a copy of each of the documents mentioned in paragraph (1)(a) to the main door or other conspicuous part of the premises and, if practicable, inserting through the letter-box at the premises a copy of those documents enclosed in a sealed transparent envelope addressed to "the occupiers", or
(b) placing stakes in the ground at conspicuous parts of the occupied land, to each of which shall be affixed a sealed transparent envelope addressed to "the occupiers" and containing a copy of each of the documents mentioned in paragraph (1)(a).
Application by occupier to be made a party
4. Without prejudice to Order 15, rule 1, any person not named as a respondent who is in occupation of the land and wishes to be heard on the question whether an order for possession should be made may apply at any stage of the proceedings to be joined as a respondent, and the notice of the return day required by Order 3, rule 4(4)(b), shall contain a notice to that effect.
Hearing of originating application
5.(1) Except in case of urgency and by leave of the court, the day fixed for the hearing of the originating application-
(a) in the case of residential premises, shall not be less than five days after the day of service, and
(b) in the case of other land, shall not be less than two days after the day of service.
(2) Notwithstanding anything in Order 21, rule 5, no order for possession shall be made on the originating application except by the judge or, with the leave of the judge, by the district judge.
(3) An order for possession in proceedings under this Order shall be to the effect that the plaintiff do recover possession of the land mentioned in the originating application.
(4) Nothing in this Order shall prevent the Court from ordering possession to be given on a specified date, in the exercise of any power which could have been exercised if the proceedings had been brought by action.
Warrant of possession
6.(1) Subject to paragraphs (2) and (3), a warrant of possession to enforce an order for possession under this Order may be issued at any time after the making of the order and subject to the provisions of Order 26, rule 17, a warrant of restitution may be issued in aid of the warrant of possession.
(2) No warrant of possession shall be issued after the expiry of 3 months from the date of the order without the leave of the Court, and an application for such leave may be made ex parte unless the Court otherwise directs.
(2) Nothing in this rule shall authorise the issue of a warrant of possession before the date on which possession is ordered to be given.
Setting aside order
7. The judge may, on such terms as he thinks just, set aside or vary any order made in proceedings under this Order.
(a) the copy of any writ of summons or other originating process,
(b) any judgment or order given or made in court or the copy of any such judgment or order, and
(c) with the leave of the Court, which may be granted on an application made ex parte, any other document.
(2) Nothing in the foregoing provisions shall be taken as preventing any party to a cause or matter searching for, inspecting and taking or bespeaking a copy of any affidavit or other document filed in the Central Office in that cause or matter or filed therein before the commencement of that cause or matter but made with a view to its commencement.
4A. Rules 3 and 4 shall apply in relation to documents filed in Chancery Chambers or in a district registry as they apply to documents filed in the Central Office.
(2) Without prejudice to Order 22, rule 8, no other person shall be supplied with (a) copy of any document from the records of the court except with the leave of the district judge.
(3) In this rule any reference to supplying a copy of a document includes examining a copy prepared by the applicant and marking it as an office copy.
(1) A person driving a motor vehicle on a road must stop the vehicle on being required to do so by a constable in uniform.
(2) A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform.
(3) If a person fails to comply with this section he is guilty of an offence.
164 Power of constables to require production of driving licence and in certain cases statement of date of birth
(1) Any of the following persons-
(a) a person driving a motor vehicle on a road,
(b) a person whom a constable has reasonable cause to believe to have been the driver of a motor vehicle at a time when an accident occurred owing to its presence on a road,
(c) a person whom a constable has reasonable cause to believe to have committed an offence in relation to the use of a motor vehicle on a road, or
(d) a person-
(i) who supervises the holder of a provisional licence while the holder is driving a motor vehicle on a road, or
(ii) whom a constable has reasonable cause to believe was supervising the holder of a provisional licence while driving, at a time when an accident occurred owing to the presence of the vehicle on a road or at a time when an offence is suspected of having been committed by the holder of the provisional licence in relation to the use of the vehicle on a road,
must, on being so required by a constable, produce his licence for examination, so as to enable the constable to ascertain the name and address of the holder of the licence, the date of issue, and the authority by which it was issued.
(2) Such a person must in prescribed circumstances, on being so required by the constable, state his date of birth.
(3) If-
(a) a licence has been revoked by the Secretary of State under section 93 or 99 of this Act, and
(b) the holder of the licence fails to deliver it to the Secretary of State in pursuance of the section in question,
a constable may require him to produce it, and upon its being produced may seize it and deliver it to the Secretary of State.
(4) Where a constable has reasonable cause to believe that the holder of a licence, or any other person, has knowingly made a false statement for the purpose of obtaining the grant of the licence, the constable may require the holder of the licence to produce it to him.
(5) Where a person has been required under section 27 of the Road Traffic Offenders Act 1988 to produce a licence to the court and fails to do so, a constable may require him to produce it and, upon its being produced, may seize it and deliver it to the court.
(6) If a person required under the preceding provisions of this section to produce a licence or state his date of birth to a constable fails to do so he is, subject to subsections (7) and (8) below, guilty of an offence.
(7) Subsection (6) above does not apply where a person required on any occasion under the preceding provisions of this section to produce a licence-
(a) produces on that occasion a current receipt for the licence issued under section 56 of the Road Traffic Offenders Act 1988 and, if required to do so, produces the licence in person immediately on its return at a police station that was specified on that occasion, or
(b) within seven days after that occasion produces such a receipt in person at a police station that was specified by him on that occasion and, if required to do so, produces the licence in person immediately on its return at that police station.
(8) In proceedings against any person for the offence of failing to produce a licence it shall be a defence for him to show that-
(a) within seven days after the production of his licence was required he produced it in person at a police station that was specified by him at the time its production was required, or
(b) he produced it in person there as soon as was reasonably practicable, or
(c) it was not reasonably practicable for him to produce it there before the day on which the proceedings were commenced,
and for the purposes of this subsection the laying of the information or, in Scotland, the service of the complaint on the accused shall be treated as the commencement of the proceedings.
(9) Where in accordance with this section a person has stated his date of birth to a constable, the Secretary of State may serve on that person a notice in writing requiring him to provide the Secretary of State-
(a) with such evidence in that person's possession or obtainable by him as the Secretary of State may specify for the purpose of verifying that date, and
(b) if his name differs from his name at the time of his birth, with a statement in writing specifying his name at that time,
and a person who knowingly fails to comply with a notice under this subsection is guilty of an offence.
(10) A notice authorised to be served on any person by subsection (9) above may be served on him by delivering it to him or by leaving it at his proper address or by sending it to him by post; and for the purposes of this subsection and section 7 of the Interpretation Act 1978 in its application to this subsection the proper address of any person shall be his latest address as known to the person giving the notice.
(11) In this section "licence" and "provisional licence" have the same meanings as in Part III of this Act.
165 Power of constables to obtain names and addresses of drivers and others, and to require production of evidence of insurance or security and test certificates
(1) Any of the following persons-
(a) a person driving a motor vehicle (other than an invalid carriage) on a road, or
(b) a person whom a constable has reasonable cause to believe to have been the driver of a motor vehicle (other than an invalid carriage) at a time when an accident occurred owing to its presence on a road, or
(c) a person whom a constable has reasonable cause to believe to have committed an offence in relation to the use on a road of a motor vehicle (other than an invalid carriage),
must, on being so required by a constable, give his name and address and the name and address of the owner of the vehicle and produce the following documents for examination.
(2) Those documents are-
(a) the relevant certificate of insurance or certificate of security (within the meaning of Part VI of this Act), or such other evidence that the vehicle is not or was not being driven in contravention of section 143 of this Act as may be prescribed by regulations made by the Secretary of State,
(b) in relation to a vehicle to which section 47 of this Act applies, a test certificate issued in respect of the vehicle as mentioned in subsection (1) of that section, and
(c) in relation to a goods vehicle the use of which on a road without a plating certificate or goods vehicle test certificate is an offence under section 53(1) or (2) of this Act, any such certificate issued in respect of that vehicle or any trailer drawn by it.
(3) Subject to subsection (4) below, a person who fails to comply with a requirement under subsection (1) is guilty of an offence.
(4) A person shall not be convicted of an offence under subsection (1) above by reason only of failure to produce any certificate or other evidence to a constable if in proceedings against him for the offence he shows that-
(a) within seven days after the date on which the production of the certificate or other evidence was required it was produced at a police station that was specified by him at the time when its production was required, or
(b) it was produced there as soon as was reasonably practicable, or
(c) it was not reasonably practicable for it to be produced there before the day on which the proceedings were commenced,
and for the purposes of this subsection the laying of the information or, in Scotland, the service of the complaint on the accused shall be treated as the commencement of the proceedings.
(5) A person-
(a) who supervises the holder of a provisional licence granted under Part III of this Act while the holder is driving on a road a motor vehicle (other than an invalid carriage), or
(b) whom a constable has reasonable cause to believe was supervising the holder of such a licence while driving, at a time when an accident occurred owing to the presence of the vehicle on a road or at a time when an offence is suspected of having been committed by the holder of the provisional licence in relation to the use of the vehicle on a road,
must, on being so required by a constable, give his name and address and the name and address of the owner of the vehicle.
(6) A person who fails to comply with a requirement under subsection (5) above is guilty of an offence.
(7) In this section "owner", in relation to a vehicle which is the subject of a hiring agreement, includes each party to the agreement.
(1) Subject to subsection (5) below, where a person is arrested, otherwise than by being informed that he is under arrest, the arrest is not lawful unless the person arrested is informed that he is under arrest as soon as is practicable after his arrest.
(2) Where a person is arrested by a constable, subsection (1) above applies regardless of whether the fact of the arrest is obvious.
(3) Subject to subsection (5) below, no arrest is lawful unless the person arrested is informed of the ground for the arrest at the time of, or as soon as is practicable after, the arrest.
(4) Where a person is arrested by a constable, subsection (3) above applies regardless of whether the ground for the arrest is obvious.
(5) Nothing in this section is to be taken to require a person to be informed-
(a) that he is under arrest; or
(b) of the ground for the arrest,
if it was not reasonably practicable for him to be so informed by reason of his having escaped from arrest before the information could be given.
29. Voluntary attendance at police station etc
Where for the purpose of assisting with an investigation a person attends voluntarily at a police station or at any other place where a constable is present or accompanies a constable to a police station or any such other place without having been arrested-
(a) he shall be entitled to leave at will unless he is placed under arrest;
(b) he shall be informed at once that he is under arrest if a decision is taken by a constable to prevent him from leaving at will.
30. Arrest elsewhere than at police station
(1) Subject to the following provisions of this section, where a person-
(a) is arrested by a constable for an offence; or
(b) is taken into custody by a constable after being arrested for an offence by a person other than a constable,
at any place other than a police station, he shall be taken to a police station by a constable as soon as practicable after the arrest.
(2) Subject to subsections (3) and (5) below, the police station to which an arrested person is taken under subsection (1) above shall be a designated police station.
(3) A constable to whom this subsection applies may take an arrested person to any police station unless it appears to the constable that it may be necessary to keep the arrested person in police detention for more than six hours.
(4) Subsection (3) above applies-
(a) to a constable who is working in a locality covered by a police station which is not a designated police station; and
(b) to a constable belonging to a body of constables maintained by an authority other than a police authority.
(5) Any constable may take an arrested person to any police station if-
(a) either of the following conditions is satisfied-
(i) the constable has arrested him without the assistance of any other constable and no other constable is available to assist him;
(ii) the constable has taken him into custody from a person other than a constable and no other constable is available to assist him; and
(b) it appears to the constable that he will be unable to take the arrested person to a designated police station without the arrested person injuring himself, the constable or some other person.
(6) If the first police station to which an arrested person is taken after his arrest is not a designated police station, he shall be taken to a designated police station not more than six hours after his arrival at the first police station unless he is released previously.
(7) A person arrested by a constable at a place other than a police station shall be released if a constable is satisfied, before the person arrested reaches a police station, that there are no grounds for keeping him under arrest.
(8) A constable who releases a person under subsection (7) above shall record the fact that he has done so.
(9) The constable shall make the record as soon as is practicable after the release.
(10) Nothing in subsection (1) above shall prevent a constable delaying taking a person who has been arrested to a police station if the presence of that person elsewhere is necessary in order to carry out such investigations as it is reasonable to carry out immediately.
(11) Where there is delay in taking a person who has been arrested to a police station after his arrest, the reasons for the delay shall be recorded when he first arrives at a police station.
(12) Nothing in subsection (1) above shall be taken to affect-
(a) paragraphs 16(3) or 18(1) of Schedule 2 to the Immigration Act 1971;
(b) section 34(1) of the Criminal Justice Act 1972; or
(c) section 15(6) and (9) of the Prevention of Terrorism (Temporary Provisions) Act 1989 and paragraphs 7(4) and 8(4) and (5) of Schedule 2 and paragraphs 6(6) and 7(4) and (5) of Schedule 5 to that Act.
(13) Nothing in subsection (10) above shall be taken to affect paragraph 18(3) of Schedule 2 to the Immigration Act 1971.
Note: this list has not been updated since 1996 and many of the contact details may have changed
ALARM UKBattlefields Trust
(Preservation of historic battlefields)
Tel:
01590 671695
Fax: 01590 671533
British Road Federation
(Building Roads Forever?)
Pillar House
194-202 Old Kent Road
London SE1 5TG
Tel: 0171 703 9769
Fax:
0171 701 0029
Campaign Against Lorry Menace (CALM)
62 Oakhurst Grove
London
SE22 9AQ
Tel: 0181 693 8752
Council for the Protection of Rural England (CPRE)
25 Buckingham
Palace Road
London SW1W 0PP
Tel: 0171 235 9481
Fax: 0171 976 6373
Department of Transport
2 Marsham Street
London SW1P 3EB
Tel: 0171 276 3000
English Nature
Northminster House
Peterborough
Lincolnshire
PE1 0AU
English Heritage
Fortress House
23 Savile Row
London W1X 1RB
Tel: 0171 973 3000
Fax: 0171 973 3001
Environmental Transport Association
The Old Post House
Heath
Road,
Weybridge
Surrey KT13 8RS
Tel: 0193 282 8882
Freewheelers (National Lift-Shares)
Tel: 0191 222 0090
Freedom Network
(Anti-CJA Alliance)
The Old Dolehouse
372
Coldharbour Lane
London SW9 8PT
Tel: 0171 738 6721
Fax: 0171 737
4320
Friends of the Earth
26-28 Underwood Street
London N1 7JQ
Tel: 0171 490 1555
Fax: 0171 490 0881
Friends of the Earth (Scotland)
82 Newhaven Road
Edinburgh EH6
5QG
Tel: 0131 554 9977
Fax: 0131 554 8656
The GreenHouse (Norfolk Earth First!)
48 Bethel Street
Norwich
Tel: 01603 631007
Fax: 01603 666879
GreenNet
4th Floor
393-395 City Road
London EC1V 1NE
Tel: 0171 713 1941
Fax: 0171 833 1169
Greenpeace
Canonbury Villas
Islington
London N1 2PN
Tel:
0171 354 5100
Fax: 0171 696 0012
Highways Agency
Roads Programme Directorate
Federated House
London Road
Dorking
Surrey RH4 1SZ
Tel: 01306 742025
Fax:
01306 878299
Jigsaw Non-Violence Project
The Jigsaw Box
111 Magdalen Road
Oxford OX4 1RQ
Tel: 01865 240383
London Greenpeace (nothing to do with Greenpeace!)
5 Caledonian Road
King's Cross
London N1 9DX
Tel: 0171 837 7557
Liberty (NCCL)
21 Tabard Street
London SE1 4LA
Tel: 0171 403
3888
Fax: 0171 407 5354
Manchester Earth First!
Dept 29
1 Newton Street
Piccadilly
Manchester M1 1HW
0161 274 4665
National Sensitive Sites Alliance (NSSA)
210 Kellaway Avenue
Golden Hill
Bristol BS6 7YL
Tel: 01272 754185
Online Campaigns
108 South Street
Longsight
Manchester M12
4DT
Tel: 0161 273 8338
BBS: 0161 273 5134
Oxford Earth First! and Corporate Watch
111 Magdalen Road
Oxford
OX4 1RQ
Tel: 01865 201706
Fax: 01865 201705
Pedestrians' Association
1-5 Wandsworth Road
London SW8 2XX
Tel: 0171 735 3270
Police Complaints Authority
10 Great George Street
London SW1P
3AE
Tel: 0171 273 6450
Reclaim the Streets
PO Box 1593
London SW9 8LT
Retail Motor Industry Federation
201 Great Portland Street
London W1N 6AB
Tel: 0171 580 9122
Fax: 0171 580 6376
Road Alert!
PO Box 5544
Newbury
Berkshire RG14 5FB
Tel:
01635 521770
Fax: 01635 521660
Road Haulage Association
35 Monument Hill
Weybridge
Surrey
KT13 8RW
Tel: 01932 841515
Fax: 01932 852516
RoadPeace (for road traffic victims)
PO Box 2579
London NW10 3PW
Tel: 0181 964 1021
Royal Society for Nature Conservation (RSNC)
The Green,
Witham
Park
Waterside South
Lincoln LN5 7JR
Tel: 01522 544400
Fax:
01522 511616
Small World Media
1a Waterlow Road
Archway
London N19 5NJ
Tel: 0171 272 5255
Fax: 0171 272 9243
SQUALL and SQUASH (Squatters' information service)
PO Box 8959
London N19 5HW
Tel: 0171 561 1204
Fax: 0171 272 9243
Transport 2000
10 Melton Street
London NW1 2EJ
Tel: 0171 388
8386
Fax: 0171 388 2481
Women's Environmental Network
Aberdeen Studios
22 Highbury Grove
London N5 2EA
Tel: 0171 354 8823
Fax: 0171 354 0464
Halsbury's Statutes is a similar legal encyclopaedia, concentrating mainly on statute law (Acts of Parliament). Alternatively, your library may have an equivalent such as "Statutes in Force" or "Annotated Statutes".
Halsbury's Statutory Instruments is yet another encyclopaedia, this time concentrating on statutory instruments (rules and orders made by Government ministers). Or your library may have the official Statutory Instruments themselves.
The Compleat Anti-Road Protester is available from Road Alert! and goes into the more practical, you could even say physical, aspects of opposing road schemes.
Fighting Road Schemes is a new (October 1995) publication from Friends of the Earth which is largely about campaigning, using the media and raising public support and awareness.
The British Road Federation publishes a large number of publications, many of which are free, extolling the benefits of roads. Ask for their publications list. Their Annual Report (free) and Basic Road Statistics (£22) are particularly enlightening.
The Highways Agency also publishes a large number of publications; again, ask for their publications list. "Public inquiries into road proposals: what you need to know" is worth reading, even though you need to know considerably more than what they tell you in the booklet.
Transport and the Environment, the 18th Report of the Royal Commission on Environmental Pollution (1994), is the most comprehensive and up to date document of its kind. It's quite long and expensive, so try to get it through your local library. If you don't have time to read it all, read the summary, conclusions and recommendations, which are basically that we must reduce our dependence on the motor car as a matter of urgency.
Trunk Roads and the Generation of Traffic, the 1994 Report of the Standing Advisory Committee on Trunk Road Assessment, concluded that roads generate traffic. Again, it's a long and detailed report, but you can get the flavour of it by reading the Executive Summary which contains the main conclusions and recommendations.
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