Enforcement of requirementI17
1
A relevant person may take such action as is necessary to enforce any requirement imposed by regulation 4, 5 or 6(10) or (11).
2
A relevant person may give a prohibition notice to a person if the relevant person reasonably believes that—
a
the person is contravening a requirement in regulation 4, and
b
it is necessary and proportionate to give the prohibition notice for the purpose of preventing that person from continuing to contravene the requirement.
3
Where a relevant person considers that a number of people are gathered together in contravention of regulation 5, the relevant person may—
a
direct the gathering to disperse,
b
direct any person in the gathering to return to the place where they are living, or
c
remove a person from the gathering.
4
Where a relevant person considers that a person is in a restricted area without a reasonable excuse in contravention of regulation 6(11), the relevant person may—
a
direct that person to leave the restricted area immediately;
b
remove that person from the restricted area.
5
A relevant person exercising the power in paragraph (3)(c) or (4)(b) to remove a person from a gathering, or from a restricted area may use reasonable force, if necessary, in exercise of the power.
6
Where a person who is in a gathering in contravention of regulation 5, or in a restricted area in contravention of regulation 6(11), is a child accompanied by an individual who has responsibility for the child—
a
the relevant person may direct that individual to take the child to the place where the child is living, and
b
that individual must, so far as reasonably practicable, ensure that the child complies with any direction or instruction given by the relevant person to the child.
7
Where a relevant person has reasonable grounds to believe that a child is repeatedly failing to comply with the restrictions in regulation 5 or 6(11), the relevant person may direct any individual who has responsibility for the child to secure, so far as reasonably practicable, that the child complies with that restriction.
8
A relevant person may only exercise the power in paragraph (3), (4), (6) or (7) if the relevant person considers that it is a necessary and proportionate means of ensuring compliance with the restriction in regulation 5 or 6(11).
9
A relevant person exercising a power under paragraph (3), (4), (6), or (7) may give the person concerned any reasonable instructions they consider to be necessary.
10
For the purposes of this regulation—
a
an individual has responsibility for a child if the individual—
i
has custody or charge of the child for the time being, or
ii
has parental responsibility for the child;
b
a “relevant person” means—
i
a constable,
ii
a police community support officer,
iii
subject to paragraph (11), a person designated by a local authority for the purposes of this regulation, or
iv
a person designated by the Secretary of State for the purposes of this regulation;
c
references to a requirement include references to a restriction;
d
a “restricted area” has the same meaning as in regulation 6.
11
A local authority may only designate a person for the purposes of this regulation in relation to a requirement in regulation 4.