Part 1: Public Order Section 3: Offence of causing serious disruption by tunnelling
Subsection (1) creates a new offence of "causing serious disruption by tunnelling". An offence is committed where a person creates, or participates in the creation of, a tunnel, the creation or existence of the tunnel causes or is capable of causing serious disruption to two or more individuals or an organisation in a place other than a dwelling and the person intends that to occur or is reckless as to whether it will occur.
	Subsection (2) provides for a reasonable excuse defence. The burden of proof is placed on the defendant as the facts as to whether they have a reasonable excuse will be within their knowledge. The prosecution will still need to prove all the elements of the offence to the criminal standard of proof. Although not explicitly set out, the standard to which the defendant will be required to prove the defence is the balance of probabilities.
	Subsection (3) provides that, if the construction of the tunnel was authorised by someone with an interest in the land who was entitled to do so (for example the landowner, legitimate occupier, or someone acting on their behalf), this will count as a reasonable excuse.
	Subsection (4) provides for the maximum penalty for the offence, namely three years imprisonment on indictment or the maximum penalty a magistrates’ court may impose on summary conviction (currently 6-months), an unlimited fine, or both.
	Subsections (5) and (6) define what is meant by a tunnel and an excavation.
	Subsection (7) provides that this offence does not apply to tunnels that are in or are under a dwelling.
	Subsection (8) applies the same definition of a "dwelling" as in section 1.