The Offender Management Act 2007 (Approved Premises) Regulations 2014

Residents subject to a residence requirement E+W

8.—(1) Where a person is subject to a requirement (in this regulation referred to as a “ residence requirement”) to reside at approved premises by virtue of—

(a) a requirement of a court order;

(b) any condition of a licence; or

(c) any requirement imposed under statutory supervision,

the provider must not, except in circumstances described in paragraph (2), require that person to end their residence before the expiry of the residence requirement.

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

(a) an emergency has arisen; or

(b) 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) or (c) applies, to the Secretary of State.

(3) Where a provider intends to require a resident who is subject to a residence requirement to end their residence at the approved premises, it must give reasonable notice of that intention—

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

(b) in the case of a resident who is serving a community sentence or is subject to a suspended sentence order, to the person responsible for supervising that sentence;

(c) in the case of a resident who is on licence, to the person responsible for supervising that licence;

(d) in the case of a resident who is subject to statutory supervision, to the person providing the supervision.