# The Offender Management Act 2007 (Approved Premises) Regulations 2008, Regulation 5: Residence conditions

Extent: E+W

(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) they are on bail in criminal proceedings (within the meaning of the Bail Act 1976);
(b) they are serving a community sentence;
(c) they are on licence, or are subject to supervision by virtue of section 65 of the Criminal Justice Act 1991;
(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) 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.

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Source: https://www.legislation.gov.uk/uksi/2008/1263/regulation/5 (the official version)
Page: https://openlegislation.uk/offender-management-act-2007-approved-premises-regulations-2008/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.