Textual Amendments
F1 Sch. 5A inserted (E.W.) (9.1.2012) by Crime and Security Act 2010 (c. 17) , ss. 39(3) , 59(1) ; S.I. 2011/3016 , art. 2(d)
4(1) In this Schedule, “ activity requirement ”, in relation to a supervision order, means a requirement that the defaulter do any or all of the following within the period for the time being specified in the order under paragraph 2(5)— E+W
(a)participate, on such number of days as may be specified in the order, in activities at a place, or places, so specified;
(b)participate in an activity or activities specified in the order on such number of days as may be so specified;
(c)participate in one or more residential exercises for a continuous period or periods comprising such number or numbers of days as may be specified in the order;
(d)in accordance with sub-paragraphs (6) to (9), engage in activities in accordance with instructions of the responsible officer on such number of days as may be specified in the order.
(2)The number of days specified in a supervision order in relation to an activity requirement must not, in aggregate, be less than 12 or more than 24.
(3)A requirement referred to in sub-paragraph (1)(a) or (b) operates to require the defaulter, in accordance with instructions given by the responsible officer, on the number of days specified in the order in relation to the requirement—
(a)in the case of a requirement referred to in sub-paragraph (1)(a), to present himself or herself at a place specified in the order to a person of a description so specified, or
(b)in the case of a requirement referred to in sub-paragraph (1)(b), to participate in an activity specified in the order,
and, on each such day, to comply with instructions given by, or under the authority of, the person in charge of the place or the activity (as the case may be).
(4)Where the order includes a requirement referred to in sub-paragraph (1)(c) to participate in a residential exercise, it must specify, in relation to the residential exercise—
(a)a place, or
(b)an activity.
(5)A requirement under sub-paragraph (1)(c) to participate in a residential exercise operates to require the defaulter, in accordance with instructions given by the responsible officer—
(a)if a place is specified under sub-paragraph (4)(a)—
(i)to present himself or herself at the beginning of the period specified in the order in relation to the exercise, at the place so specified to a person of a description specified in the instructions, and
(ii)to reside there for that period;
(b)if an activity is specified under sub-paragraph (4)(b), to participate, for the period specified in the order in relation to the exercise, in the activity so specified,
and, during that period, to comply with instructions given by, or under the authority of, the person in charge of the place or the activity (as the case may be).
(6)Subject to sub-paragraph (8), instructions under sub-paragraph (1)(d) relating to any day must require the defaulter to do either of the following—
(a)present himself or herself to a person of a description specified in the instructions at a place so specified;
(b)participate in an activity specified in the instructions.
(7)Any such instructions operate to require the defaulter, on that day or while participating in that activity, to comply with instructions given by, or under the authority of, the person in charge of the place or, as the case may be, the activity.
(8)If the supervision order so provides, instructions under sub-paragraph (1)(d) may require the defaulter to participate in a residential exercise for a period comprising not more than seven days, and, for that purpose—
(a)to present himself or herself at the beginning of that period to a person of a description specified in the instructions at a place so specified and to reside there for that period, or
(b)to participate for that period in an activity specified in the instructions.
(9)Instructions such as are mentioned in sub-paragraph (8)—
(a)may not be given except with the consent of a parent or guardian of the defaulter, and
(b)operate to require the defaulter, during the period specified under that sub-paragraph, to comply with instructions given by, or under the authority of, the person in charge of the place or activity specified under paragraph (a) or (b) of that sub-paragraph.
(10)Instructions given by, or under the authority of, a person in charge of a place under sub-paragraph (3), (5), (7) or (9)(b) may require the defaulter to engage in activities otherwise than at that place.
(11)Where a supervision order contains an activity requirement, [F2a youth] court may on the application of the injunction applicant or the defaulter amend the order by substituting for any number of days, place, activity, period or description of persons specified in the order a new number of days, place, activity, period or description (subject, in the case of a number of days, to sub-paragraph (2)).
(12)A court may only include an activity requirement in a supervision order or vary such a requirement under sub-paragraph (11) if—
(a)it has consulted the youth offending team which is to be, or is, specified in the order,
(b)it is satisfied that it is feasible to secure compliance with the requirement or requirement as varied,
(c)it is satisfied that provision for the defaulter to participate in the activities proposed can be made under the arrangements for persons to participate in such activities which exist in the area of the youth offending team which is to be or is specified in the order, and
(d)in a case where the requirement or requirement as varied would involve the co-operation of a person other than the defaulter and the responsible officer, that person consents to its inclusion or variation.
(13) For the purposes of sub-paragraph (9) “ guardian ” has the same meaning as in the Children and Young Persons Act 1933 (subject to sub-paragraph (14)).
(14)If a local authority has parental responsibility for a defaulter who is in its care or provided with accommodation by it in the exercise of any social services functions, the reference to “guardian” in sub-paragraph (9) is to be read as a reference to that authority.
(15)In sub-paragraph (14)—
(a) “ parental responsibility ” has the same meaning as it has in the Children Act 1989 by virtue of section 3 of that Act;
[F3(b)“ social services functions ” means—
(a)in relation to a local authority in England, its social services functions within the meaning of the Local Authority Social Services Act 1970; and
(b)in relation to a local authority in Wales, its social services functions for the purposes of the Social Services and Well-being (Wales) Act 2014 (anaw 4).]]
Textual Amendments
F2 Words in Sch. 5A para. 4(11) substituted (1.6.2015) by Crime and Courts Act 2013 (c. 22) , s. 61(2) , Sch. 12 para. 8 (with s. 18(6) ); S.I. 2015/813 , art. 3(c)
F3 Words in Sch. 5A para. 4(15)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (No. 413) , regs. 2(1) , 272