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.