The Probation (Amendment) Rules 1994

Statutory Instruments

1994 No. 1228

PROBATION

The Probation (Amendment) Rules 1994

Made

2nd May 1994

Laid before Parliament

12th May 1994

Coming into force

13th June 1994

In exercise of the powers conferred upon me by sections 9 and 25(1)(d) of the Probation Service Act 1993(1), I hereby make the following Rules:

1.  These Rules may be cited as the Probation (Amendment) Rules 1994 and shall come into force on 13th June 1994.

2.  In the Probation Rules 1984(2), after rule 41, there shall be inserted—

“Payments to other providers of assistance to the probation service

41A.— (1) Subject to paragraphs (3) and (4) below a probation committee may make payments to a person specified in paragraph (2) below—

(a) which it is not otherwise authorised to make under the Probation ServiceAct 1993 or under these Rules or any other rules made under section 25 ofthat Act; and

(b) which are in respect of such of the services referred to in paragraph (2) below as that person provides, or arranges for the provision of, for the purpose of assisting the probation service in carrying out its functions under that Act.

(2) The person referred to in paragraph (1) above is a person providing, or arranging for the provision of, one or more of the following services, namely—

(a) services concerned with rehabilitating offenders;

(b) services concerned with the provision of accommodation;

(c) educational services;

(d) services concerned with the prevention of crime, whether or not—

(i) including arrangements concerned with the relationship between offenders and their victims or the community at large, or other similar arrangements, or

(ii) in conjunction with such arrangements;

(e) services concerned with supporting the victims of crime, insofar as such services involve the participation of offenders;

(f) services concerned with the provision of employment, vocational training or voluntary work;

(g) services concerned with the recruitment and training of voluntary sector workers;

(h) family court welfare support services;

(i) services concerned with supporting in the community persons who are, or have been, mentally disordered;

(j) services concerned with persons affected by misuse of alcohol, drugs or other addictive substances;

(k) services concerned with supporting persons on bail in the community;

(l) services concerned with the evaluation of any project, programme or other activity which falls within this paragraph;

(m) services concerned with the promotion of outdoor training or activity, personal responsibility or initiative, or constructive use of time;

(n) services concerned with financial counselling or advice.

(3) A probation committee shall not make any payment under paragraph (1) above for the purpose of enabling a person to—

(a) acquire premises, or any estate therein;

(b) incur expense in erecting or making structural alterations to any building, or

(c) incur expense in the provision, maintenance, development or replacement of any computer or any associated apparatus or material,

except as authorised by the Secretary of State.

(4) The amount of any payments made in any year by a probation committee to a person under this rule shall not, except as authorised by the Secretary of State, exceed the amount for the time being specified by the Secretary of State for the purpose of this paragraph.”.

Michael Howard

One of Her Majesty’s Principal Secretaries of State

Home Office

2nd May 1994

Explanatory Note

(This note is not part of the Rules)

These Rules insert a new rule 41A in the Probation Rules 1984 (“the 1984 Rules”)which indicates the persons to whom a probation committee may make payments (which it is not already authorised to make under the 1984 Rules) for the purpose of assisting the probation service in carrying out its functions. The persons in question are set out in paragraphs (1) and (2) of the new rule, and the limitations on such payments are set out in paragraphs (3) and (4) of that rule.

(1)

1993 c. 47.

(2)

S.I. 1984/647; the relevant amending instruments are S.I. 1985/1506, 1989/265, 1991/2035, 1992/349, 1992/2077 and 1993/367.