HL Deb 21 July 1977 vol 386 cc430-1

19 Page 7, line 13, at end insert— (2A) In any proceedings for an offence under this section it shall be a defence for the accused to prove—

  1. (a) that the premises in question are or form part of premises used mainly for non-residential purposes; and
  2. (b) that he was not on any part of the premises used wholly or mainly for residential purposes."

AMENDMENT MOVED IN LIEU THEREOF

19A Page 7, line 13, at end insert— ("(2A) In any proceedings for an offence under subsection (1) above it shall be a defence for the accused to prove—

  1. (a) that the premises in question are or form part of premises used mainly for non-residential purposes; and
  2. (b) that he was not on any part of the premises used wholly or mainly for residential purposes.
(2AA) In any proceedings for an offence under subsection (1) above where the accused was requested to leave the premises by a person claiming to be or to act on behalf of a protected intending occupier of the premises—
  1. (a) it shall be a defence for the accused to prove that, although asked to do so by the accused at the time the accused was requested to leave, that person failed at that time to produce to the accused such a statement as is referred to in subsection (1A)(d) above or such a certificate as is referred to in subsection (1C)(c) above; and
    2. 431
  2. (b) any document purporting to be a certificate under subsection (1C)(c) above shall be received in evidence and, unless the contrary is proved, shall be deemed to have been issued by or on behalf of the authority stated in the certificate.").

Lord DONALDSON of KINGS-BRIDGE

My Lords, I beg to move that this House doth disagree with the Commons in their Amendment No. 19 but propose Amendment No. 19A in lieu thereof.

Moved, That the House doth disagree with the Commons in their Amendment No. 19 but propose Amendment No. 19A in lieu thereof.—(Lord Donaldson of Kingsbridge.)

On Question. Motion agreed to.