The Offender Management Act 2007 (Consequential Amendments) Order 2008

JurisdictionUK Non-devolved
CitationSI 2008/912

2008 No. 912

Probation

The Offender Management Act 2007 (Consequential Amendments) Order 2008

Made 27th March 2008

Coming into force 1st April 2008

The Secretary of State, in exercise of the powers conferred by section 38(1)(a) and (2)(a) of the Offender Management Act 20071, makes the following Order;

In accordance with section 36(3)(d) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament:

Citation, commencement and extent

Citation, commencement and extent

S-1 This Order may be cited as the Offender Management Act 2007...

1. This Order may be cited as the Offender Management Act 2007 (Consequential Amendments) Order 2008 and shall come into force on 1st April 2008.

S-2 The extent of any amendment of any provision made by this Order...

2. The extent of any amendment of any provision made by this Order is the same as that of the provision amended.

Consequential amendments
S-3 Consequential amendments

Consequential amendments

3. The enactments listed in Schedule 1 (amendments of Acts) and Schedule 2 (amendments of subordinate legislation: new arrangements for the provision of probation services) to this Order are amended as there specified.

David Hanson

Minister of State

Ministry of Justice

27th March 2008

SCHEDULE 1

Article 3

Amendments of Acts

1 New arrangements for the provision of probation services

PART 1

New arrangements for the provision of probation services

SCH-1.1

1. Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

(1) The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 19512is amended as follows.

(2) In Schedule 2 (capacities in respect of which payments may be made under Part 5, and paying authorities), in Part 1, after paragraph 63insert—

“6A Member of the staff of a probation trust or of two or more probation trusts

The probation trust or, as the case may be, the probation trusts acting jointly.”

SCH-1.2

2. Criminal Procedure (Insanity) Act 1964

(1) The Criminal Procedure (Insanity) Act 19644is amended as follows.

(2) In Schedule 1A5(supervision orders)—

(a)

(a) in paragraph 1(1), for “or an” and substitute “, an” and after “board” insert “or an officer of a provider of probation services”; and

(b)

(b) in paragraph 3—

(i) in sub-paragraph (1)(b), at the end insert “, or (as the case may be) an officer of a provider of probation services acting in that area”; and

(ii) in sub-paragraph (3), after “assigned to the court” insert “or an officer of a provider of probation services acting at the court”.

SCH-1.3

3. Children and Young Persons Act 1969

(1) The Children and Young Persons Act 19696is amended as follows.

(2) In section 34 (transitional modifications of Part 1 for persons of specified ages)—

(a)

(a) in subsection (2)7, for “for the area” substitute “, or an officer of a provider of probation services, acting in the area”; and

(b)

(b) in subsection (3)8

(i) after “acting for” insert “, or a provider of probation services operating in,”; and

(ii) at the end insert “or an officer of a provider of probation services”.

(3) In Schedule 3 (approved schools and other institutions)—

(a)

(a) in paragraph 6(1)9, after “2000” insert “or under sections 3, 6 or 13 of the Offender Management Act 2007”;

(b)

(b) in paragraph 9(2)10

(i) after paragraph (d), omit “or”; and

(ii) after paragraph (e), insert—

“(f)

“(f) section 6 of the Offender Management Act 2007 (power to make grants for probation purposes etc);

(g)

(g) section 2(1) (responsibility for ensuring the provision of probation services) and section 3 (power to make arrangements for the provision of probation services) of the Offender Management Act 2007; or

(h)

(h) section 13 of the Offender Management Act 2007 (approved premises).”; and

(c)

(c) in sub-paragraph (4)(b)11

(i) after paragraph (ii), omit “and”; and

(ii) after paragraph (iii), insert—

“(iv)

“(iv) the Secretary of State under sections 6 or 13 of the Offender Management Act 2007; and

(v)

(v) providers of probation services under section 3 of the Offender Management Act 2007.”; and

(d)

(d) in paragraph 10, in sub-paragraph (4)(b)12, after “2000” insert “or under sections 3, 6 or 13 of the Offender Management Act 2007

SCH-1.4

4. Local Authorities (Goods and Services) Act 1970

(1) The Local Authorities (Goods and Services) Act 197013is amended as follows.

(2) In section 1 (supply of goods and services by local authorities), in subsection (4)14, in the definition of “public body”, after “the Housing Act 1988” insert “, any probation trust”.

SCH-1.5

5. Pensions (Increase) Act 1971

(1) The Pensions (Increase) Act 197115is amended as follows.

(2) In Schedule 2 (official pensions), after paragraph 53A16insert—

SCH-1.53B

53B. A pension payable in accordance with regulations under section 7 of the Superannuation Act 1972 in respect of service as a member of staff of a probation trust established under section 5 of the Offender Management Act 2007.”

SCH-1.6

6. Criminal Justice Act 1982

(1) The Criminal Justice Act 198217is amended as follows.

(2) In Schedule 13 (community service orders – reciprocal arrangements), in paragraph 7(3)(b)18

(a)

(a) after “Act 2000)” insert “or a provider of probation services operating in that area”; and

(b)

(b) after “the board” insert “or provider (as the case may be)”.

SCH-1.7

7. Mental Health Act 1983

(1) The Mental Health Act 198319is amended as follows.

(2) In section 134 (correspondence of patients), in subsection (3)(e)20, for “or a” substitute “, a” and at the end insert “or a provider of probation services”.

SCH-1.8

8. Local Government Act 1988

(1) The Local Government Act 198821is amended as follows.

(2) In Schedule 2 (public supply or works contracts: the public authorities), under the heading “public authorities”22, insert, at the appropriate place—

“A probation trust.”

SCH-1.9

9. Criminal Justice Act 1991

(1) The Criminal Justice Act 199123is amended as follows.

(2) In section 3724(duration and conditions of licences), in subsection (4A)(a), after “being” insert “, or (as the case may be) an officer of a provider of probation services acting in the local justice area within which the person resides for the time being”.

(3) In section 4325(young offenders), in subsection (5), for “local probation board” substitute “provider of probation services”;

(4) In section 6526(supervision of young offenders after release)—

(a)

(a) in subsection (1)(a)27, at the end insert “or an officer of a provider of probation services”;

(b)

(b) after subsection (1A)28, insert—

SCH-1.1AA

“1AA Where the supervision is to be provided by an officer of a provider of probation services, the officer of a provider of probation services shall be an officer acting in the local justice area in which the offender resides for the time being.”; and

(c)

(c) in subsection (5A)(c)29, after “board” insert “, an officer of a provider of probation services”.

(5) In Schedule 3 (reciprocal enforcement of certain orders)—

(a)

(a) in paragraph 10—

(i) in sub-paragraph (2)(b)30, at the end insert “or (as the case may be) by a provider of probation services operating in the local justice area in which he resides or will reside”;

(ii) in sub-paragraph (3)(a)31, at the end insert “or (as the case may be) to an officer of a provider of probation services acting in the local justice area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force”; and

(iii) in sub-paragraph (3)(c)32, after “are situated” insert “or to the provider of probation services operating in the local justice area in which the premises are situated”; and

(b)

(b) in paragraph 11(5)(b)33, for “or the” substitute “, the” and after “board” insert “, or (as the case may be) the officer of a provider of probation services”.

SCH-1.10

10. Prisoners and Criminal Proceedings (Scotland) Act 1993

(1) The Prisoners and Criminal Proceedings (Scotland) Act 199334is amended as follows.

(2) In section 1235(conditions in licence), in subsection (2)(a), for “or of” substitute “, of” and after “local justice area” insert “or (as the case may be) of an officer of a provider of probation services acting in such local justice area”.

(3) In section 1536(variation of supervised release order etc.)—

(a)

(a) in subsection (4)37, for “appointed for or assigned to the petty sessions area” substitute “, or an officer of a provider of probation services, acting in the local justice area”; and

(b)

(b) in subsection (5)38, after “board” insert “or officer of a provider of probation services”.

SCH-1.11

11. Criminal Procedure (Scotland) Act 1995

(1) The Criminal Procedure (Scotland) Act 199539is amended as follows.

(2) In section 209 (supervised release orders)—

(a)

(a) in subsection (3)(a)40, omit “either” and after “petty sessions area” insert “or (as the case may be) an officer of a provider of probation services acting in a local justice area”; and

(b)

(b) in subsection (7)41, in the definition of “supervising officer”, after “board” insert “or officer of a provider of probation services”.

(3) In section 228 (probation orders), in subsection (2)(b)42, at the end insert “or (as the case may be) by a provider of probation services operating in the local justice area which would be named in the order”.

(4) In section 234 (probation orders: persons residing in England and Wales)—

(a)

(a) in subsection (1)(a)43, for “appointed for or assigned to” substitute “, or (as the case may be) an officer of a provider of probation services, acting in”; and

(b)

(b) in subsection (3)(c)44, at the end insert “or (as the case may be) a provider of probation services operating in the local justice area in which he resides or will reside”.

(5) In section 242 (community service orders: persons residing in England and Wales), in subsection (3)(b)45

(a)

(a) after “that area” insert “or a provider of probation services operating in that area”; and

(b)

(b) after “the board”...

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