Part I The New Services

Chapter I National Probation Service for England and Wales

Miscellaneous

10 Default powers.

(1)

The power conferred by this section is exercisable by the Secretary of State in respect of a local probation board if it appears to him that the board is failing to perform the functions conferred on it or that its arrangements for performing those functions do not represent good value for money.

(2)

The Secretary of State may make an order (a “management order”) in respect of the board.

(3)

A management order may modify the application of Schedule 1 in relation to the board by—

(a)

providing for the board to comprise persons determined in accordance with an arrangement made between the Secretary of State and an organisation (a “management arrangement”), and

(b)

making any other modifications which appear to the Secretary of State to be necessary or expedient in consequence of that provision or of the management arrangement.

(4)

A management order may provide for the persons determined in accordance with the management arrangement to replace all or any of the chairman, the chief officer and the other existing members of the board; and vacancies occurring among the replacements are to be filled in accordance with the management arrangement.

(5)

The power to revoke a management order is exercisable at any time when the Secretary of State considers it necessary or expedient to revoke it.

(6)

On the revocation of a management order, any person who is a member of the board by virtue of the order and the arrangement ceases to be a member; and, accordingly, any vacancy occurring by virtue of the revocation is to be filled in accordance with Schedule 1 (unless the Secretary of State makes a new management order).