Page:Criminal Law Act 1977.pdf/11

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premises on being required to do so by or on behalf of—
 * (a) a displaced residential occupier of the premises; or
 * (b) an individual who is a protected intending occupier of the premises by virtue of subsection (2) or subsection (4) below.

(2) For the purposes of this section an individual is a protected intending occupier of any premises at any time if at that time—
 * (a) he has in those premises a freehold interest or a leasehold interest with not less than 21 years still to run and he acquired that interest as a purchaser for money or money’s worth; and
 * (b) he requires the premises for his own occupation as a residence; and
 * (c) he is excluded from occupation of the premises by a person who entered them, or any access to them, as a trespasser; and
 * (d) he or a person acting on his behalf holds a written statement—
 * (i) which specifies his interest in the premises; and
 * (ii) which states that he requires the premises for occupation as a residence for himself; and
 * (iii) with respect to which the requirements in subsection (3) below are fulfilled.

(3) The requirements referred to in subsection (2)(d)(iii) above are—
 * (a) that the statement is signed by the person whose interest is specified in it in the presence of a justice of the peace or commissioner for oaths; and
 * (b) that the justice of the peace or commissioner for oaths has subscribed his name as a witness to the signature;

and a person is guilty of an offence if he makes a statement for the purposes of subsection (2)(d) above which he knows to be false in a material particular or if he recklessly makes such a statement which is false in a material particular.

(4) For the purposes of this section an individual is also a protected intending occupier of any premises at any time if at that time—
 * (a) he has been authorised to occupy the premises as a residence by an authority to which this subsection applies; and
 * (b) he is excluded from occupation of the premises by a person who entered the premises, or any access to them, as a trespasser; and