Offender Management Act 2007

Offender Management Act 2007

2007 CHAPTER 21

Commentary on the Schedules

Schedule 1: Probation trusts: further provisions

162. Paragraph 1 states that a probation trust is a body corporate and that its name is that specified in the order. It is envisaged that the order will name the probation trust in accordance with the geographical area in which it is based but without limiting the trust’s area of operation to that geographical area.

163. Paragraph 3(1) specifies that a probation trust shall comprise a chairman and no fewer than four other members appointed by the Secretary of State. In practice, it is envisaged that most trusts will have more members than this but the legislation allows flexibility for the number to vary between trusts and over time, depending on the nature and scale of an individual trust’s business. A trust shall also include the chief executive who will become an ex officio member on appointment. Paragraph 3(2) clarifies that, where subsequent provisions refer to an “appointed member” of a trust, this refers to a member appointed by the Secretary of State; it does not include the chief executive.

164. Paragraph 3(3) states that, where practicable, at least one of the appointed members of a trust must, when appointed, be a member of a relevant local authority. Paragraph 3(4) defines “relevant local authority” for these purposes.

165. Paragraph 5 states that the Secretary of State shall pay appointed members and pay, or make provision for the payment of, pensions etc. In both cases, the level of such payments is for the Secretary of State to determine. The paragraph also enables, but does not require, the Secretary of State to compensate a member who ceases to hold office (other than on the expiry of his term) if the Secretary of State deems it appropriate.

166. Paragraph 6 states that the members appointed by the Secretary of State shall appoint a chief executive who shall be an employee of the trust and whose terms of employment are for the appointed members to determine (at present the chief officer of a local probation board is appointed by the Secretary of State). But this would not apply if the Secretary of State were to direct the appointment of the first chief executive of the trust and his terms and conditions.

167. Paragraph 7 sets out the provisions for the appointment of staff. The trust appoints its own staff and sets its own terms and conditions, subject to the proviso (in paragraph 8) that the determination of terms of employment relating to remuneration, fees or expenses and pensions, allowances or gratuities requires the approval of the Secretary of State.

168. Paragraph 9 enables the trust to regulate its own procedure.

169. Paragraph 10 clarifies that the validity of a trust’s proceedings are not affected by a vacancy among its members or a defect in the appointment of any member.

170. Paragraph 11 enables a probation trust to authorise an appointed member, a committee, the chief executive or any other member of staff to do anything that the trust would otherwise have to do itself.

171. Paragraph 12 empowers a trust to do anything it thinks necessary to achieve its purposes, except that it may not hold land or borrow or invest money without the general or specific approval of the Secretary of State

172. Paragraph 13 requires a trust to keep proper financial records and prepare an annual statement of accounts, which may be examined by the Comptroller and Auditor General and, in the case of a Welsh probation trust, the Auditor General for Wales. The paragraph also makes consequential amendments to the Audit Commission Act 1988 (as amended by the 2000 Act), and the Public Audit (Wales) Act 2004.

173. Paragraph 14 requires a trust to comply with any general or specific directions given to it by the Secretary of State and to provide the Secretary of State with information if he so directs.