Trespass (Scotland) Act 1865

Trespass (Scotland) Act 1865[1]
Act of Parliament
Long titleAn Act to provide for the better Prevention of Trespass in Scotland.
Citation28 & 29 Vict. c. 56
Territorial extent  Scotland
Dates
Royal assent29 June 1865
Commencement29 June 1865
Other legislation
Amended by
Status: Amended
Text of statute as originally enacted
Text of the Trespass (Scotland) Act 1865 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Trespass (Scotland) Act 1865 (28 & 29 Vict. c. 56) is an act of Parliament in the United Kingdom.

The act creates a criminal offence of trespass in Scotland in certain circumstances and applies a penalty which has been amended by the Criminal Justice Act 1982 to that of a fine not exceeding Level 1 on the standard scale for violation.[2] As of 2011, this was £200.[3]

The act applies to a wide variety of private property, although only to lodging, squatting and encampment on such property.[4] Between 2005 and 2010, there were 26 convictions.[3]

Developments

Subsequent legislation, such as the Land Reform (Scotland) Act 2003, has created more general rights of access and encampment on private land in certain circumstances, with specific exclusions.[5]

Footnotes

  1. ^ The citation of this act by this short title is authorised by section 1 of this act.
  2. ^ Criminal Justice Act 1982 (c. 45), Sch. 15 para. 1; quoted on the Statute Law Database
  3. ^ a b Reeve, Kesia (2011). Squatting: A homelessness issue. London: Crisis. ISBN 978-1-899257-70-6.
  4. ^ s.3
  5. ^ Land Reform (Scotland) Act 2003 (asp 2), s.6

References