The Offender Management Act 2007 (Approved Premises) Regulations 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/1263 |
| Year | 2008 |
2008 No. 1263
Probation, England And Wales
The Offender Management Act 2007 (Approved Premises) Regulations 2008
Made 6th May 2008
Laid before Parliament 7th May 2008
Coming into force 1st June 2008
The Secretary of State, in exercise of the powers conferred by section 13(2) of the Offender Management Act 20071, makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Offender Management Act 2007 (Approved Premises) Regulations 2008 and shall come into force on 1st June 2008.
PART 1
Interpretation, application and revocation
Interpretation
2. In these Regulations—
“admissions policy”, in relation to approved premises, means a policy which specifies the categories of person considered suitable to reside at the premises;
“approved premises” means premises approved under section 13 of the Offender Management Act 2007;
“community sentence” has the meaning given to it by section 147 of the Criminal Justice Act 20032;
“house rules” means rules for approved premises prepared in accordance with regulation 7(1)(c);
“local probation board” means a board constituted under section 4 of the Criminal Justice and Courts Services Act 20003that provides approved premises;
“other body” means a body, other than a local probation board and a probation trust, which provides approved premises;
“probation trust” means a trust established in accordance with section 5 of the Offender Management Act 2007 that provides approved premises;
“relevant local board” means, where applicable, the local probation board in whose area the approved premises are situated;
“relevant probation trust” means, where applicable, a probation trust operating in the area in which the approved premises are situated; and
“resident”, in relation to approved premises, means a person who lives in the approved premises otherwise than in the course of their employment, and “reside” shall be construed accordingly.
Application
3.—(1) Part 1 and Part 2 of these Regulations apply to probation trusts, local probation boards and other bodies.
(2) Part 3 of these Regulations applies to local probation boards and other bodies.
(3) Part 4 of these Regulations applies only to other bodies.
Revocation
4. The Criminal Justice and Courts Services Act 2000 (Approved Premises) Regulations 20014are revoked.
PART 2
Regulations applying to probation trusts, local probation boards and other bodies
Residence conditions
5.—(1) A probation trust, local probation board or other body must not allow any person to become a resident of approved premises under its management or, where that person is a resident, allow them to continue to reside there, unless—
(a)
(a) they are on bail in criminal proceedings (within the meaning of the Bail Act 19765);
(b)
(b) they are serving a community sentence;
(c)
(c) they are on licence, or are subject to supervision by virtue of section 65 of the Criminal Justice Act 19916;
(d)
(d) the chief officer of the relevant local board, someone acting on their behalf, the chief executive of the relevant probation trust, someone acting on their behalf, or the Secretary of State considers that residence at the approved premises is necessary for the protection of the public; or
(e)
(e) the chief officer of the relevant local board, someone acting on their behalf, the chief executive of the relevant probation trust, someone acting on their behalf or the Secretary of State considers that the person ought to receive supervision or treatment and that residence at the approved premises is necessary in order to enable them to receive it.
(2) Except with the prior consent of the Secretary of State the number of residents at any approved premises at any time must not exceed such number as may be approved in respect of those premises by the Secretary of State.
(3) Except with the prior consent of the Secretary of State a probation trust, local probation board or other body must not allow any person to be present on approved premises under its management if they are outside such age limits as may be approved by the Secretary of State in respect of the premises.
Periods of leave
6. A person residing at approved premises who is required to reside at the premises by any provision of a community sentence may, with the consent of the officer responsible for supervising the community sentence and the person in charge of the premises, leave the premises for a period of not more than five consecutive days.
PART 3
Regulations applying to local probation boards and other bodies
General duties
7.—(1) Each local probation board and other body must—
(a)
(a) ensure that—
(i) the approved premises under its management are maintained in a condition which is satisfactory having regard to their purpose;
(ii) the premises are run in a manner which promotes protection of the public and the reduction of re-offending; and
(iii) at least two members of staff are present on the premises at all times;
(b)
(b) exercise effective control over all expenditure incurred in connection with the approved premises under its management and must prepare such statements of accounts as the Secretary of State may require;
(c)
(c) prepare house rules for the approved premises, governing the conduct of residents, which must comply with any requirements of the Secretary of State as to the content of such rules; and
(d)
(d) bring the house rules to the attention of every resident of the approved premises and take all appropriate measures to ensure that they are complied with by all such residents.
(2) The local probation board or other body is responsible for the appointment, training, discipline and dismissal of the staff of the approved premises under its management.
Admissions
8.—(1) Each local probation board and other body must adopt an admissions policy for approved premises under its management.
(2) The admissions policy must comply with—
(a)
(a) regulation 5(1); and
(b)
(b) any requirements of the Secretary of State as to the admissions policies of approved premises.
(3) The local probation board and other body must notify the courts for the area in which the approved premises are situated of the terms of its admissions policy.
(4) Subject to regulation 5, the local probation board or other body must not admit as a resident of approved premises under its management any person who does not fall within one of the categories of person specified as suitable in the admissions policy.
Residents subject to a residence requirement
9.—(1) Where a person is subject to a requirement (in...
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