11SAfter section 61(4) (circumstances in which persons who, although not originally trespassers on land, have become such may be directed by police to leave) there is inserted—
“(4A)Where, as respects Scotland, the reason why these persons have become trespassers is that they have ceased to be entitled to exercise access rights by virtue of—
(a)their having formed the common purpose mentioned in subsection (1) above; or
(b)one or more of the conditions specified in paragraphs (a) and (b) of that subsection having been satisfied,
the circumstances constituting that reason shall be treated, for the purposes of subsection (4) above, as having also occurred after these persons became trespassers.
(4B)In subsection (4A) above “access rights” has the meaning given by the Land Reform (Scotland) Act 2003 (asp 2).”.