Frequently asked questions

This is the power used by the Council where Unauthorised Encampers move onto its land with the purpose of residing there in vehicles.

Section 77 allows the Council to require the Unauthorised Encampers to leave, if appropriate. In addition, council officers can require the Unauthorised Encampers to remove their vehicles and property. It becomes an offence (with no power of arrest) for the Unauthorised Encampers if they fail to leave the land and remove their property within a reasonable time, or if they return to that land within three months. Special consideration exists for those who have an illness, an emergency or a vehicle breakdown. Local authorities have a legal obligation to make humanitarian enquiries and to take account of considerations of common humanity whatever the powers used. All decisions by public bodies must be 'proportionate' and accord with the Human Rights Act.

Having made a requirement as above, under Section 77, if the Unuthorised Encampers fail to comply with the direction to leave, the Council can apply to the Magistrates' Court under Section 78 of the Act to make a Court Order for them to leave with their vehicles. If such an Order is granted, it authorises council officers to enter the land and remove the property (caravans/cars etc.) to a safe place. To obstruct council officers executing such an order is an offence (with no power of arrest). The Council will try to recover costs from the trespassers in such circumstances.

All landowners (including local authorities) can recover possession of their land by using a county court, if their land is occupied by someone without their consent.