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5.—(1) No person who lives in the protected area may, without reasonable excuse, stay overnight at any place other than the place where they are living or where their linked household is living.
(2) No person who lives outside the protected area may, without reasonable excuse, stay overnight at any place within the protected area other than the place where their linked household is living.
(3) For the purposes of paragraphs (1) and (2), the circumstances in which a person (“P”) has a reasonable excuse include cases where—
(a)P needs to stay elsewhere to attend a funeral, as—
(i)a member of the deceased person’s household,
(ii)a close family member of the deceased person, or
(iii)if no-one within paragraph (i) or (ii) is attending, a friend of the deceased person;
(b)P is an elite sportsperson, a coach of an elite sportsperson, or (in the case of an elite sportsperson who is under the age of 18), a parent of the elite sportsperson, and needs to stay elsewhere for the purposes of training or competition;
(c)P needs to stay elsewhere while moving house;
(d)it is reasonably necessary for P to stay elsewhere—
(i)for work purposes, or for the provision of voluntary or charitable services;
(ii)to provide care or assistance to a vulnerable person, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006(1);
(iii)to provide emergency assistance;
(iv)to avoid injury or illness, or to escape a risk of harm;
(v)to obtain medical assistance;
(vi)to enable P to attend a birth or make a visit as permitted by regulation 6(2)(g), (h) or (i);
(e)P needs to stay elsewhere to fulfil a legal obligation or participate in legal proceedings;
(f)P is a child that does not live in the same household as their parents, or one of their parents, and the overnight stay is necessary to continue existing arrangements for access to, and contact between, parents and children;
(g)P is unable to return to the place where P lives, because—
(i)it is not safe for P to live there,
(ii)P may not lawfully travel there, or is required by law to stay in another place, or
(iii)the place where P is living is not available to P for any other reason.
(4) Paragraphs (1) and (2) do not apply to any person who is homeless.
(5) For the purposes of paragraphs (1) and (2), the place where a person is living includes the premises where they live together with any garden, yard, passage, stair, garage, outhouse or other appurtenance of such premises.
2006 c. 47. Sub-paragraph (3B) was substituted, with sub-paragraphs (1), (3) and (3A) to (3E) for sub-paragraphs (1) to (3) by s. 66(2) of the Protection of Freedoms Act 2012 (c. 9).
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