Part 4: Unauthorised encampments Section 84: Amendments to existing powers
Subsection (3) amends section 61(1)(a) (power to remove trespassers on land) of the 1994 Act, insofar as it applies to England and Wales, to broaden the types of harm caught by the power of a senior officer to direct trespassers with a common purpose of residing on land to leave the land and remove their property. These now comprise damage, disruption or distress and, unlike for the new offence, these do not need to be "significant" to be caught by the power.
	Under new section 61(10) (as inserted by subsection (7)), "damage" and "disruption" are afforded the same definitions as in new section 60C; damage, for instance, includes damage to the environment.
	In line with the existing provision under section 61, a senior officer may direct all trespassers with a common purpose of residing on the land, where he reasonably believes any of them has caused the damage, disruption or distress and reasonable steps have been taken by or on behalf of the occupier to ask them to leave (there is no requirement to reasonably believe the damage, disruption or distress was caused by one particular trespasser).
	Subsections (4) and (5) amend section 61(4) of the 1994 Act to provide that a person issued with a direction to leave by a senior officer in England and Wales under section 61(1) commits an offence if they, without reasonable excuse, enter the land again as a trespasser within twelve months of the direction. This extends the period of time (from three months) during which the trespasser must not return, strengthening the enforcement action available where a direction is issued.
	Subsection (6) amends section 61(9) to enable the police to direct trespassers on land that forms part of a highway in England and Wales.
	Subsection (8) amends section 62(1)(b) of the 1994 Act (powers to seize property related to an offence under section 61) to enable the vehicle of a person to be seized if they, without reasonable excuse, enter land again as a trespasser within twelve months of being issued with a direction under section 61(1).
	This brings the seizure power in line with the amended period of prohibited return (above) under section 61.
	Subsection (9) amends section 62B(2) of the 1994 Act (failure to comply with direction under section 62A: offences) to provide that a person commits an offence where they enter any land in the area of the relevant local authority as a trespasser with an intention of residing there within 12 months of being issued with a direction to leave under section 62. Subsection (10) makes equivalent amendment in relation to the power of seizure for an offence committed under section 62B.
	Subsection (11) amends section 68(5) of the 1994 Act to ensure that the definition of land in that provision remains unamended by these changes, as this section falls outside the scope of this area (but previously referred to the definition of land in section 61).
	Subsection (12) provides that these changes do not apply to a person issued with a direction before the coming into force of these amendments.