Moved by
Lord Bates
75: After Clause 22, insert the following new Clause—
“Access prohibitions: reimbursement of costs
(1) A person listed in subsection (2) that incurs expenditure for the purpose of clearing, securing or maintaining premises in respect of which an access prohibition is in effect (see section 21(5)) may apply to the court for an order under this section.
(2) Those persons are—
(a) a local policing body;
(b) the Scottish Police Authority;
(c) the chief constable of the Police Service of Northern Ireland;
(d) the British Transport Police Authority;
(e) the Director General of the National Crime Agency;
(f) the Secretary of State by whom general customs functions are exercisable;
(g) a local authority.
(3) On an application under this section the court may make whatever order it considers appropriate for the reimbursement (in full or in part) by the person against whom the order imposing the access prohibition was made of the expenditure mentioned in subsection (1).
(4) An application for an order under this section may not be heard unless it is made before the end of the period of 3 months starting with the day on which the access prohibition ceases to have effect.
(5) An application under this section must be served on the person against whom the order imposing the access prohibition was made.
(6) In this section “the court” means—
(a) the court that made the prohibition order or the premises order imposing the access prohibition, except where paragraph (b) or (c) applies;
(b) where the court that made the order was the Court of Appeal, the Crown Court;
(c) where the court that made the order was a youth court but the person against whom the order was made is aged 18 or over at the time of the application, a magistrates’ court or, in Northern Ireland, a court of summary jurisdiction.”
76: After Clause 22, insert the following new Clause—
“Access prohibitions: exemption from liability
(1) Neither an authorised person, nor the person under whose direction or control the authorised person acts, is to be liable in damages for anything done, or omitted to be done, by the authorised person in the exercise or purported exercise of a power under section 22.
(2) Subsection (1) does not apply to an act or omission shown to have been in bad faith.
(3) Subsection (1) does not apply so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998.
(4) This section does not affect any other exemption from liability (whether at common law or otherwise).
(5) In this section “authorised person” has the same meaning as in section 22.”