The Offender Management Act 2007 (Approved Premises) Regulations 2008

Residents subject to a residence requirement

9.—(1) Where a person is subject to a requirement (in this regulation referred to as a “residence requirement”) to reside at approved premises provided by a local probation board or other body by virtue of—

(a) a term of any court order;

(b) any condition of a licence; or

(c) any requirement imposed under section 65 of the Criminal Justice Act 1991,

the local probation board or other body, as applicable, must not, except in the circumstances described in paragraph (2) below, require that person to end their residence before the expiry of the residence requirement.

(2) The circumstances referred to in paragraph (1) above are—

(a) that an emergency has arisen; or

(b) that the resident has broken the house rules and that breach has been reported—

(i) in a case to which paragraph (1)(a) applies, to the court which made the order; or

(ii) in a case to which paragraph (1)(b) applies, to the Secretary of State.

(3) Where a local probation board or other body intends to require a resident who is subject to a residence requirement to end their residence at the approved premises under its management, it must give reasonable notice of that intention to—

(a) any officer of a local probation board, or where appropriate any officer of a probation trust, who is responsible for the resident; and

(b) in the case of a resident who is on bail, the court which granted bail.