Offender Management Act 2007

Offender Management Act 2007

2007 CHAPTER 21

Commentary on Sections

Part 1: Probation Services

Section 5: Power to establish probation trusts

41. This section gives details of the Secretary of State’s power to establish probation trusts.

42. Subsection (1) states that the Secretary of State may, by order (subject to negative resolution by virtue of section 36):

• establish a trust for purposes specified in the order;

• alter the name or purposes of a probation trust; or

• dissolve a probation trust.

43. Subsection (2) specifies that the purposes of a probation trust must consist of, or include, the making or performance of contracts by the trusts with the Secretary of State under section 3(2).

44. Subsection (3)(a) specifies that the purposes may also enable the trust to enter into contracts with parties other than the Secretary of State for the provision of probation services. In practice, it is envisaged that the majority of a trust’s activity will be under contract to commissioners acting on behalf of the Secretary of State, but this subsection allows trusts the flexibility to enter into contracts with others, including other probation trusts, where appropriate, provided that the activity concerned is part of their core purposes.

45. Subsection (3)(b) specifies that these contracts may also cover probation-related activities in relation to service courts.

46. Subsection (3)(c) provides that the purposes of a probation trust may also include any other purposes specified in regulations made by the Secretary of State. Any such regulations are subject to the affirmative procedure by virtue of section 36(3)(a).

47. Subsection (4) clarifies that the purposes set out in the order may be expressed in more specific terms than those used in subsection (2) and (3).

48. Subsection (5) clarifies that a trust may carry out activities relating to contracts, including before and after contracts are agreed. This enables it to bid for and negotiate contracts in the first place and to carry out any activities necessary to wind up its business after a contract has expired.