SCHEDULE 1Amendments of Acts
PART 1New arrangements for the provision of probation services
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 19511
1
The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 19512 is 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 63 insert—
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.
Criminal Procedure (Insanity) Act 19642
1
The Criminal Procedure (Insanity) Act 19644 is amended as follows.
2
In Schedule 1A5 (supervision orders)—
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
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”.
Children and Young Persons Act 19693
1
The Children and Young Persons Act 19696 is amended as follows.
2
In section 34 (transitional modifications of Part 1 for persons of specified ages)—
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
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
in paragraph 6(1)9, after “2000” insert “or under sections 3, 6 or 13 of the Offender Management Act 2007”;
b
in paragraph 9(2)10—
i
after paragraph (d), omit “or”; and
ii
after paragraph (e), insert—
f
section 6 of the Offender Management Act 2007 (power to make grants for probation purposes etc);
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
section 13 of the Offender Management Act 2007 (approved premises).
c
in sub-paragraph (4)(b)11—
i
after paragraph (ii), omit “and”; and
ii
after paragraph (iii), insert—
iv
the Secretary of State under sections 6 or 13 of the Offender Management Act 2007; and
v
providers of probation services under section 3 of the Offender Management Act 2007.
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”
Local Authorities (Goods and Services) Act 19704
1
The Local Authorities (Goods and Services) Act 197013 is 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”.
Pensions (Increase) Act 19715
1
The Pensions (Increase) Act 197115 is amended as follows.
2
In Schedule 2 (official pensions), after paragraph 53A16 insert—
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.
Criminal Justice Act 19826
1
The Criminal Justice Act 198217 is amended as follows.
2
In Schedule 13 (community service orders – reciprocal arrangements), in paragraph 7(3)(b)18—
a
after “Act 2000)” insert “or a provider of probation services operating in that area”; and
b
after “the board” insert “or provider (as the case may be)”.
Mental Health Act 19837
1
The Mental Health Act 198319 is 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”.
Local Government Act 19888
1
The Local Government Act 198821 is 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.
Criminal Justice Act 19919
1
The Criminal Justice Act 199123 is 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
in subsection (1)(a)27, at the end insert “or an officer of a provider of probation services”;
b
after subsection (1A)28, insert—
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.
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
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
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”.
Prisoners and Criminal Proceedings (Scotland) Act 199310
1
The Prisoners and Criminal Proceedings (Scotland) Act 199334 is 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
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
in subsection (5)38, after “board” insert “or officer of a provider of probation services”.
Criminal Procedure (Scotland) Act 199511
1
The Criminal Procedure (Scotland) Act 199539 is amended as follows.
2
In section 209 (supervised release orders)—
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
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
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
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
after “that area” insert “or a provider of probation services operating in that area”; and
b
after “the board” insert “or provider (as the case may be)”.
Crime (Sentences) Act 199712
1
The Crime (Sentences) Act 199746 is amended as follows.
2
In section 31 (duration and conditions of licences), in subsection (2A)(a)47, at the end insert “or (as the case may be) an officer of a provider of probation services acting in the local justice area within which the prisoner resides for the time being”.
3
In Schedule 1 (transfer of prisoners within the British Islands)—
a
in paragraph 8(6)48—
i
in paragraph (c), for “local probation board” substitute “provider of probation services”;
ii
after paragraph (e), insert—
ea
in section 103(3)(a), the reference to “an officer of a local probation board” were omitted,
iii
after paragraph (f), insert—
fa
section 103(4) were omitted,
b
in paragraph 11(6)49, in the first column of the Table, after “such petty sessions area” insert “or officer of a provider of probation services acting in such local justice area”.
Crime and Disorder Act 199813
1
The Crime and Disorder Act 199850 is amended as follows.
2
In section 5 (authorities responsible for strategies), after subsection (2)(b)51 insert—
ba
every provider of probation services operating within the area in pursuance of arrangements under section 3 of the Offender Management Act 2007 which provide for it to co-operate under this subsection with the responsible authorities;
3
In section 8 (parenting orders), in subsection (8)(a)52, at the end insert “or an officer of a provider of probation services”.
4
In section 9 (parenting orders: supplemental), in subsection (2B)(a)53, at the end insert “or an officer of a provider of probation services”.
5
In section 18 (interpretation etc. of chapter 1), after subsection (3)54 insert—
3A
Where directions under a parenting order are to be given 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 within which it appears to the court that the child or, as the case may be, the parent resides or will reside.
6
In section 98 (remands and committals: alternative provision for 15 or 16 year old boys), in subsection (3)55, after “probation board” insert “, an officer of a provider of probation services”.
7
In section 115 (disclosure of information), in subsection (2), after paragraph (ea)56 insert—
eb
probation trust
ec
a provider of probation services (other than a probation trust or the Secretary of State), in carrying out its statutory functions or activities of a public nature in pursuance of arrangements made under section 3(2) of the Offender Management Act 2007
Powers of Criminal Courts (Sentencing) Act 200014
1
The Powers of Criminal Courts (Sentencing) Act 200057 is amended as follows.
2
In section 158 (deferment of sentence), after subsection (5)(b) (but before the “and” following it) insert—
ba
where an officer of a provider of probation services has been appointed to act as a supervisor in relation to him, to that provider,
3
In section 1A59 (further provision about undertakings), in subsection (2)(a), at the end insert “or an officer of a provider of probation services”.
4
In section 4160 (community rehabilitation orders)—
a
in subsection (4)61, at the end insert “, or (as the case may be) an officer of a provider of probation services acting in the local justice area specified in the order.”;
b
in subsection (5)(a)62, after “order” insert “, or (as the case may be) an officer of a provider of probation services acting in the local justice area specified in the order”;
c
in subsection (6)63, after “the officer of a local probation board” insert “, officer of a provider of probation services”; and
d
in subsection (9)64—
i
in paragraph (a), after “to the court” insert “or an officer of a provider of probation services acting at the court (as the case may be)”; and
ii
for paragraph (b), substitute—
b
if the offender is aged under 18—
i
an officer of a local probation board assigned to the court or an officer of a provider of probation services acting at the court (as the case may be); or
ii
a member of a youth offending team assigned to the court,
5
In section 4665 (community punishment orders)—
a
in subsection (5)66—
i
in paragraph (a), after “board” insert “, an officer of a provider of probation services”; and
ii
in paragraph (b), after “board” insert “, an officer of a provider of probation services”; and
b
in subsection (11)67—
i
in paragraph (a), after “to the court” insert “or an officer of a provider of probation services acting at the court (as the case may be)”; and
ii
for paragraph (b), substitute—
if the offender is aged under 18—
i
an officer of a local probation board assigned to the court or an officer of a provider of probation services acting at the court; or
ii
a member of a youth offending team assigned to the court,
6
In section 4768 (obligations of person subject to community punishment order), in subsection (4), at the end insert “or (as the case may be) an officer of a provider of probation services acting in the local justice area specified in the order”.
7
In section 5469 (provisions of order as to supervision and periodic review)—
a
in subsection (2)70, at the end insert “or (as the case may be) an officer of a provider of probation services acting in the local justice area specified in the order”; and
b
in subsection (3)71, after “board” insert “or officer of a provider of probation services”.
8
In section 5772 (copies of orders)—
a
in subsection (1)73, at the end insert “, or (as the case may be) an officer of a provider of probation services acting at the court”;
b
in subsection (2)74, for “so assigned” substitute “assigned to the court, or (as the case may be) an officer of a provider of probation services operating at the court”;
c
in subsection (3)(b)75, at the end insert “, or (as the case may be) an officer of a provider of probation services acting at that court”;
d
in subsection (3A)76, at the end insert “, or (as the case may be) an officer of a provider of probation services acting at that court”; and
e
in subsection (4)77, after “board” insert “or officer of a provider of probation services”.
9
In section 63 (supervision orders), in subsection (1)(b)78, after “board” insert “or an officer of a provider of probation services (as the case may be)”.
10
In section 64 (selection and duty of supervisor and certain expenditure of his), after subsection (2)79 insert—
2A
Where a provision of a supervision order places the offender under the supervision of an officer of a provider of probation services, the supervisor shall be an officer of a provider of probation services acting in the local justice area named in the order in pursuance of section 63(6) above.
11
In section 66 (facilities for implementing supervision orders)—
a
in subsection (2)80, after “board” insert “and each relevant provider of probation services”;
b
in subsection (9)81, at the end, insert “and each relevant provider of probation services”; and
c
after subsection (12)82, insert—
13
In this section “relevant provider of probation services” means a provider operating in the area to which a scheme under this section relates that is identified as such for the purposes of this section by arrangements under section 3 of the Offender Management Act 2007.
12
In section 69 (action plan orders)—
a
in subsection (4)(a)83, at the end insert “or an officer of a provider of probation services (as the case may be)”;
b
in subsection (6)(a)84, after “board” insert “, an officer of a provider of probation services”; and
c
after subsection (9)85, insert—
9A
Where an action plan order specifies an officer of a provider of probation services under subsection (4) above, the officer specified must be an officer acting in the local justice area named in the order.
13
In section 70 (requirements which may be included in action plan orders and directions), in subsection (4D)(a)(ii)86, after “board” insert “, by an officer of a provider of probation services”.
14
In section 73 (reparation orders), in subsection (5)87, after “board” insert “, an officer of a provider of probation services”.
15
In section 74 (requirements and provisions of reparation order, and obligations of person subject to it)—
a
in subsection (5)88, at the end of paragraph (a) insert “or an officer of a provider of probation services (as the case may be)”; and
b
after subsection (6)89, insert—
6A
Where a reparation order specifies an officer of a provider of probation services under subsection (5) above, the officer specified must be an officer acting in the local justice area named in the order.
16
In section 103 (the period of supervision)—
a
in subsection (3)(a)90, at the end insert “or an officer of a provider of probation services”;
b
after subsection (4)91, insert—
4A
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 within which the offender resides for the time being.
17
In Schedule 6 (requirements which may be included in supervision orders), in paragraph 6A(4)(a)(ii)92, after “board” insert “, by an officer of a provider of probation services”.
Child Support, Pensions and Social Security Act 200015
1
The Child Support, Pensions and Social Security Act 200093 is amended as follows.
2
In section 64 (information provision)—
a
in subsection (2)94—
i
after “board” in the first place it occurs insert “, the chief executive of a probation trust or the equivalent officer (however described) in any other provider of probation services”; and
ii
in paragraph (a), after “board” insert “or officer of a provider of probation services”; and
b
after subsection (7)(c)95, insert—
ca
an officer of a provider of probation services.
Learning and Skills Act 200016
1
The Learning and Skills Act 200096 is amended as follows.
2
In section 115(1)97 (consultation and coordination), after paragraph (e), insert—
ea
a provider of probation services,
3
In section 120(2)98 (information: supply by public bodies), after paragraph (e), insert—
ea
a probation trust,
eb
a provider of probation services (other than a probation trust or the Secretary of State), in carrying out its statutory functions or activities of a public nature in pursuance of arrangements made under section 3 of the Offender Management Act 2007,
4
In section 125(1) (consultation and coordination), after paragraph (d) (but before the “and” following it), insert—
da
a provider of probation services,
5
In section 138(3) (Wales: provision of information by public bodies), after paragraph (e) (but before the “and” following it), insert—
ea
a probation trust,
eb
a provider of probation services (other than a probation trust or the Secretary of State), in carrying out its statutory functions or activities of a public nature in pursuance of arrangements made under section 3 of the Offender Management Act 2007,
Freedom of Information Act 200017
1
The Freedom of Information Act 200099 is amended as follows.
2
In Schedule 1 (public authorities), in Part 6, insert, at the appropriate place—
A probation trust.
Criminal Justice and Court Services Act 200018
1
The Criminal Justice and Court Services Act 2000100 is amended as follows.
2
In section 64 (release on licence etc: drug testing requirements), in subsection (3), after “board” insert “, an officer of a provider of probation services”.
Criminal Justice Act 200319
1
The Criminal Justice Act 2003101 is amended as follows.
2
In section 158 (meaning of “pre-sentence” report), in subsection (2)—
a
in paragraph (a), after “board” insert “or an officer of a provider of probation services”; and
b
in paragraph (b)102, after “board” insert “, an officer of a provider of probation services”.
3
In section 160 (other reports of local probation boards and members of youth offending teams)—
a
in the heading, after “boards” insert “, providers of probation services”; and
b
in subsection (1)(a), after “board” insert “, an officer of a provider of probation services”.
4
In section 184103 (restrictions on power to make intermittent custody order), in subsection (2)(a), at the end insert “or an officer of a provider of probation services”.
5
In section 197 (meaning of “the responsible officer”), in subsection (2)104—
a
for paragraph (a) substitute—
a
in a case where the offender is aged under 18 at the time when the relevant order is made—
i
an officer of a local probation board appointed for or assigned to the local justice area for the time being specified in the order or, (as the case may be) an officer of a provider of probation services acting in the local justice area for the time being specified in the order
ii
a member of a youth offending team established by a local authority for the time being specified in the order.
b
in paragraph (b) at the end insert “, or (as the case may be) an officer of a provider of probation services acting in the local justice area for the time being specified in the order”.
6
In section 199 (unpaid work requirement), in subsection (4)—
a
in paragraph (a), after “board” insert “or an officer of a provider of probation services”; and
b
in paragraph (b)105, after “board” insert “, an officer of a provider of probation services”.
7
In section 201 (activity requirement)—
a
in subsection (3)(a)—
i
in sub-paragraph (i), at the end insert “or an officer of a provider of probation services”; and
ii
in sub-paragraph (ii), omit “either” and after “board” insert “, an officer of a provider of probation services”; and
b
in subsection (7), for paragraph (b), substitute—
b
a place that has been approved as providing facilities suitable for persons subject to activity requirements—
i
where the premises are situated in the area of a local probation board, by that board, or
ii
in any other case, by a provider of probation services authorised to do so by arrangements under section 3 of the Offender Management Act 2007.
8
In section 202 (programme requirement)—
a
in subsection (4)(a)—
i
in sub-paragraph (i), after “board” insert “or an officer of a provider of probation services”; and
ii
in sub-paragraph (ii), omit “either” and after “board” insert “, an officer of a provider of probation services”; and
b
for subsection (7), substitute—
7
A place specified in an order must be a place that has been approved as providing facilities suitable for persons subject to programme requirements—
a
where the premises are situated in the area of a local probation board, by that board, or
b
in any other case, by a provider of probation services authorised to do so by arrangements under section 3 of the Offender Management Act 2007.
9
In section 203 (prohibited activity requirement), in subsection (2)—
a
in paragraph (a), at the end insert “or an officer of a provider of probation services”; and
b
in paragraph (b), omit “either” and after “board” insert “, an officer of a provider of probation services”.
10
In section 206 (residence requirement), in subsection (4), at the end insert “or an officer of a provider of probation services”.
11
In section 209 (drug rehabilitation requirement), in subsection (2)(c)—
a
in sub-paragraph (i), after “board” insert “or an officer of a provider of probation services”; and
b
in sub-paragraph (ii), omit “either” and after “board” insert “, an officer of a provider of probation services”.
12
In section 219 (provision of copies of relevant orders), in subsection (1)—
a
in paragraph (b), at the end insert “or an officer of a provider of probation services acting at the court”;
b
in subsection (c), after “board assigned to the court” insert “, an officer of a provider of probation services acting at the court”; and
c
in subsection (d)106, at the end insert “, or (as the case may be) a provider of probation services acting in that area”.
13
In section 222 (rules), in subsection (1)(c), after “boards” insert “or providers of probation services”.
14
In section 253 (curfew condition to be included in licence under section 246), in subsection (1)(a), for “section 9 of the Criminal Justice and Court Services Act 2000 (c.43)” substitute “section 13 of the Offender Management Act 2007 (c.21)”.
15
In section 266 (release on licence etc: drug testing requirements), in subsection (5), in the definition of “responsible officer” in subsection (6) to be inserted in section 64 of the Criminal Justice Court Services Act 2000107—
a
in paragraph (a), after “board” insert “, an officer of a provider of probation services”; and
b
in paragraph (b), at the end insert “or an officer of a provider of probation services”.
16
In section 325 (arrangements for assessing etc risk posed by certain offenders)—
a
in subsection (1), after “for that area” insert “ or (if there is no local probation board for that area) a relevant provider of probation services”; and
b
in subsection (9)108 insert, at the appropriate place—
“a relevant provider of probation services” in relation to an area means a provider of probation services identified as such for the purposes of this section by arrangements under section 3 of the Offender Management Act 2007.
17
In Schedule 8 (breach, revocation or amendment of community order), in paragraph 27(1)(b)(i)109, after “area” insert “, or (as the case may be) a provider of probation services operating in that area”.
18
In Schedule 10 (revocation or amendment of custody plus orders and amendment of intermittent custody orders), in paragraph 9(1)(b)110, after “area” insert “, or (as the case may be) a provider of probation services operating in that area”.
19
In Schedule 11 (transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland)—
a
in paragraph 17(4), for “local probation board” substitute “provider of probation services”; and
b
in paragraph 22(7)(a) 111, after “area” insert “, or (as the case may be) a provider of probation services operating in the new local justice area”.
20
In Schedule 12 (breach or amendment of suspended sentence order, and effect of further conviction), in paragraph 22(1)(b)112, after “area” insert “, or (as the case may be) a provider of probation services operating in that area,”.
21
In Schedule 13 (transfer of suspended sentence orders to Scotland or Northern Ireland),
a
in paragraph 15(5), for “local probation board” substitute “provider of probation services”; and
b
in paragraph 20(6)(a)113, after “area” insert “, or (as the case may be) a provider of probation services operating in the new local justice area”.
Domestic Violence, Crime and Victims Act 200420
1
The Domestic Violence, Crime and Victims Act 2004114 is amended as follows.
2
In section 9115 (establishment and conduct of reviews), in subsection (4)(a) insert, at the appropriate place—
providers of probation services;
3
In section 35 (victims’ rights to make representations and receive information)—
a
in subsection (3), after “imposed” insert “, or the provider of probation services operating in the local justice area in which the sentence is imposed, ”;
b
after subsection (3), insert—
3A
The provider of probation services mentioned in subsection (3) is the provider of probation services identified as such by arrangements under section 3 of the Offender Management Act 2007.
c
in subsection (6)—
i
after “the local probation board” insert “or provider of probation services”; and
ii
for “relevant local probation board” in both places it occurs, substitute “relevant probation body”;
d
in subsection (7)—
i
after “a local probation board” insert “or a provider of probation services”; and
ii
for “relevant local probation board” in both places it occurs, substitute “relevant probation body”; and
e
for subsection (8), substitute—
8
In this section “the relevant probation body” is—
a
in a case where the offender is to be supervised on release by an officer of a local probation board or an officer of a provider of probation services, that local probation board or that provider of probation services (as the case may be);
b
in any other case—
i
if the prison or other place in which the offender is detained is situated in the area of a local probation board, that local probation board; and
ii
if that prison or other place is not in such an area, the provider of probation services operating in the local justice area in which the prison or other place in which the offender is detained is situated, that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007.
4
In section 36 (victims’ rights: preliminary), insert—
a
in subsection (4), after “is made” insert “or the provider of probation services operating in the local justice area in which the determination mentioned in subsection (2)(a), (b) or (c) is made ”; and
b
after subsection (4), insert—
4A
The provider of probation services mentioned in subsection (4) is the provider of probation services identified as such by arrangements under section 3 of the Offender Management Act 2007.
5
In section 37 (representations)116—
a
in subsection (2)—
i
in paragraph (a), after “the local probation board” insert “or provider of probation services”; and
ii
for the “relevant local probation board” in each place it occurs, substitute “relevant probation body”;
b
in subsection (4), for “relevant local probation board” substitute “relevant probation body”;
c
in subsection (5), for “relevant local probation board” substitute “relevant probation body”;
d
in subsection (6)—
i
for “relevant local probation board” in each place it occurs, substitute “relevant probation body”; and
ii
in paragraph (b)(ii), after “the local probation board” insert “or provider of probation services”;
e
in subsection (7), for “relevant local probation board” substitute “relevant probation body”; and
f
for subsection (8), substitute—
8
In this section, “the relevant probation body” is—
a
in a case where the patient is to be discharged subject to a condition that he reside in a particular area, which is or is part of the area of a local probation board, that local probation board;
b
in a case where the patient is to be discharged subject to a condition that he reside in a particular area other than one mentioned in paragraph (a), the provider of probation services operating in that area that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007;
c
in any other case—
i
if the hospital in which the patient is detained is situated in the area of a local probation board, that area; and
ii
if that hospital is not so situated, the provider of probation services operating in the local justice area in which the hospital in which the patient is detained is situated that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007.
6
In section 38 (information)117—
a
in subsection (2), for “relevant local probation board” in both places it occurs substitute “relevant probation body”;
b
in subsection (3)—
i
for “relevant local probation board” substitute “relevant probation body”; and
ii
in paragraph (d), for “the board” substitute “the body”;
c
in subsection (4), for “relevant local probation board” substitute “relevant probation body”;
d
in subsection (6), for “relevant local probation board” substitute “relevant probation body”;
e
in subsection (7), for “relevant local probation board” substitute “relevant probation body”; and
f
in subsection (9), for “relevant local probation board” substitute “relevant probation body”.
7
In section 39 (victims’ rights: preliminary)—
a
in subsection (2), after “is given” insert “, or the provider of probation services operating in the local justice area in which the hospital direction is given,”; and
b
after subsection (2), insert—
2A
The provider of probation services mentioned in subsection (2) is the provider of probation services identified as such by arrangements under section 3 of the Offender Management Act 2007.
8
In section 40 (representations)—
a
in subsection (2)—
i
in paragraph (a), after “the local probation board” insert “or provider of probation services”; and
ii
for “relevant local probation board” in each place it occurs, substitute “relevant probation body”;
b
in subsection (4), for “relevant local probation board” substitute “relevant probation body”;
c
in subsection (5), for “relevant local probation board” substitute “relevant probation body;”
d
in subsection (6)—
i
for “relevant local probation board” in each place it occurs, substitute “relevant probation body”; and
ii
in paragraph (b)(ii), after “the local probation board” insert “or provider of probation services”;
e
in subsection (7), for “relevant local probation board” substitute “relevant probation body”; and
f
for subsection (8), substitute—
8
For the purposes of this section, “the relevant probation body” is—
a
in a case where the offender is to be discharged from hospital subject to a condition that he reside in a particular area, which is or is part of the area of a local probation board, that local probation board;
b
in a case where the offender is to be discharged from hospital subject to a condition that he reside in a particular area other than one mentioned in paragraph (a), the provider of probation services operating in that area that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007;
c
in a case where the offender is to be supervised on release by an officer of a local probation board or an officer of a provider of probation services, that local probation board or that provider of probation services (as the case may be);
d
in any other case—
i
if the hospital, prison or other place in which the offender is detained is situated in the area of a local probation board, that area; and
ii
if that hospital, prison or other place is not so situated, the provider of probation services operating in the local justice area in which the hospital, prison or other place in which the offender is detained is situated, that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007.
9
In section 41 (information)—
a
In subsection (2), for “relevant local probation board” in both places it occurs, substitute “relevant probation body”;
b
in subsection (3), for “relevant local probation board” substitute “relevant probation body”;
c
in subsection (4), for “relevant local probation board” substitute “relevant probation body”;
d
in subsection (6), for “relevant local probation board” substitute “relevant probation body”;
e
in subsection (7), for “relevant local probation board” substitute “relevant probation body”; and
f
in subsection (9), for “relevant local probation board” substitute “relevant probation body”.
10
In section 42 (victims’ rights: preliminary)—
a
in subsection (2)—
i
after “specified in the transfer direction is situated” insert “or the provider of probation services operating in the local justice area in which the hospital specified in the transfer direction is situated”; and
ii
after “the board” insert “or the provider”;
b
after subsection (2), insert—
2A
The provider of probation services mentioned in subsection (2) is the provider of probation services identified as such by arrangements under section 3 of the Offender Management Act 2007.
11
In section 43 (representations)118—
a
in subsection (2)—
i
in paragraph (a), after “the local probation board” insert “or provider of probation services”; and
ii
for “relevant local probation board” in each place it occurs, substitute “relevant probation body”;
b
in subsection (4), for “relevant local probation board” substitute “relevant probation body”;
c
in subsection (5), for “relevant local probation board” substitute “relevant probation body”;
d
in subsection (6)—
i
for “relevant local probation board” in each place it occurs, substitute “relevant probation body”; and
ii
in paragraph (b)(ii) after “local probation board” insert “or provider of probation services”;
e
in subsection (7), for “relevant local probation board” substitute “relevant probation body”; and
f
for subsection (8), substitute—
8
In this section, “the relevant probation body” is—
a
in a case where the offender is to be discharged subject to a condition that he reside in a particular area, which is or is part of the area of a local probation board, that local probation board;
b
in a case where the offender is to be discharged subject to a condition that he reside in a particular area other than one mentioned in paragraph (a), the provider of probation services operating in that area that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007;
c
in any other case—
i
if the hospital in which the offender is detained is situated in the area of a local probation board, that area; and
ii
if that hospital is not so situated, the provider of probation services operating in the local justice area in which the hospital in which the offender is detained is situated, that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007.
12
In section 44 (information)119—
a
in subsection (2), for “relevant local probation board” in both places it occurs, substitute “relevant probation body”;
b
in subsection (3)—
i
for “relevant local probation board” substitute “relevant probation body”; and
ii
in paragraph (d), after “the board” insert “or the body”;
c
in subsection (4), for “relevant local probation board” substitute “relevant probation body”;
d
in subsection (6), for “relevant local probation board” substitute “relevant probation body”;
e
in subsection (7), for “relevant local probation board” substitute “relevant probation body”; and
f
in subsection (9), for “relevant local probation board” substitute “relevant probation body”.
13
In section 54 (disclosure of information), after subsection (3)(b), insert—
ba
a provider of probation services,
14
In Schedule 9 (authorities within commissioner’s remit), after paragraph 25 insert—
25A
A provider of probation services.
Safeguarding Vulnerable Groups Act 200621
1
The Safeguarding Vulnerable Groups Act 2006120 is amended as follows.
2
In section 59121 (vulnerable adults), after subsection (1)(f), insert—
fa
he is by virtue of an order of a court under supervision by a person acting for the purposes mentioned in section 1(1) of the Offender Management Act 2007 (c. 21),
Police and Justice Act 200622
1
The Police and Justice Act 2006122 is amended as follows.
2
In Schedule 1 (National Policing Improvement Agency), in paragraph 48(3)(b), after “board” insert “or officers of a provider of probation services”.
Armed Forces Act 200623
1
The Armed Forces Act 2006123 is amended as follows.
2
In section 183 (overseas community orders: modifications of 2003 Act)—
a
for subsection (2), substitute—
2
Sections 201(7)(b) and 202(7) of the 2003 Act are to be read in relation to an oversees community order as referring to a place that has been approved by a local probation board or by a provider of probation services.
b
in subsection (4), after “board” insert “or the officer of a provider of probation services (as the case may be)”.
Mental Health Act 200724
1
The Mental Health Act 2007124 is amended as follows.
2
In Schedule 6 (victim’s rights)—
a
in paragraph 3, in the inserted section 36A125 (supplemental provision for case where no restriction order made)—
i
in subsection (2), after “board” insert “or provider of probation services”;
ii
in subsection (3), after “board” insert “or the provider of probation services”;
iii
in subsection (4), after “board” insert “or provider of probation services”; and
iv
in subsection (5)—
aa
after “probation board” insert “or provider of probation services”; and
bb
in paragraph (b), after “the board” insert “or provider”;
b
in paragraph 7, in the inserted section 38B126 (removal of restriction)—
i
in subsection (2), for “relevant local probation board” in both places it occurs, substitute “relevant probation body”;
ii
in subsection (3), for “relevant local probation board” substitute “relevant probation body”; and
iii
in subsection (6), for “relevant local probation board” substitute “relevant probation body”;
c
in paragraph 9, in the inserted section 41A127 (removal of restriction)—
i
in subsection (2), for “relevant local probation board” in both places it occurs, substitute “relevant probation body”;
ii
in subsection (3), for “relevant local probation board” substitute “relevant probation body”; and
iii
in subsection (6), for “relevant local probation board” substitute “relevant probation body”;
d
in paragraph 11, in the inserted section 42A128 (supplemental provision for case where no restriction direction given)—
i
in subsection (2), after “board” insert “or provider of probation services”;
ii
in subsection (3), after “board” insert “or provider of probation services”;
iii
in subsection (4), after “board” insert “or provider of probation services”; and
iv
in subsection (5)—
aa
after “probation board” insert “or provider of probation services”; and
bb
in paragraph (b), after “the board” insert “or the provider”; and
e
in paragraph 15, in the inserted section 44B129 (removal of restriction)—
i
in subsection (2), for “relevant local probation board” in both places it occurs substitute “relevant probation body”;
ii
in subsection (3), for “relevant local probation board” substitute “relevant probation body”; and
iii
in subsection (6), for “relevant local probation board” substitute “relevant probation body”.
Corporate Manslaughter and Corporate Homicide Act 200725
1
The Corporate Manslaughter and Corporate Homicide Act 2007130 is amended as follows.
2
In section 7131 (child-protection and probation function)—
a
in subsection (3)—
i
after “board” insert “, a provider of probation services”; and
ii
after paragraph (a), insert—
aa
section 13 of the Offender Management Act 2007 (c. 21),
b
after subsection (3) insert—
4
This section also applies to any duty of care that a provider of probation services owes in respect of the carrying out by it of activities in pursuance of arrangements under section 3 of the Offender Management Act 2007.
PART 2The Inspectorate
26
1
In the enactments specified in paragraph (2), for “Her Majesty’s Inspectorate of the National Probation Service for England and Wales” substitute “Her Majesty’s Inspectorate of Probation for England and Wales”.
2
The enactments are—
a
paragraphs 3(2)(a) and 4(c) of Schedule A1 (further provision about Her Majesty’s Chief Inspector of Prisons) to the Prison Act 1952132;
b
paragraphs 3(2)(c) and 4(c) of Schedule 4A (further provision about Her Majesty’s Inspectors of Constabulary) to the Police Act 1996133;
c
section 37(1A)(d) (assistance to other bodies and persons) of the Audit Commission Act 1998134;
d
paragraph 1(2)(b) of Schedule 2A (interaction with other authorities) to the Audit Commission Act 1998135;
e
paragraph 4(c) of the Schedule (further provision about Her Majesty’s Chief Inspector of the Crown Prosecution Service) to the Crown Prosecution Service Inspectorate Act 2000136;
f
paragraph 4(d) of Schedule 3A (further provision about the inspectors of court administration) to the Courts Act 2003137;
g
section 67A(1)(d) (assistance by Auditor General to inspectorates) of the Public Audit (Wales) Act 2004138; and
h
paragraph 1(3)(d) of Schedule 13 (interaction with other authorities) to the Education and Inspections Act 2006139.
27
1
In the enactments specified in paragraph (2), for “Her Majesty’s Chief Inspector of the National Probation Service for England and Wales” substitute “Her Majesty’s Chief Inspector of Probation for England and Wales”.
2
The enactments are—
a
paragraphs 2(2)(c) and 5(3)(c) of Schedule A1 (further provision about Her Majesty’s Chief Inspector of Prisons) to the Prison Act 1952140;
b
paragraphs 2(2)(c) and 5(3)(c) of Schedule 4A (further provision about Her Majesty’s Inspectors of Constabulary) to the Police Act 1996141;
c
paragraph 1(1)(d) of Schedule 2A (interaction with other authorities) to the Audit Commission Act 1998142;
d
paragraphs 2(2)(c) and 5(3)(c) of the Schedule (further provision about Her Majesty’s Chief Inspector of the Crown Prosecution Service) to the Crown Prosecution Service Inspectorate Act 2000143;
e
paragraphs 2(2)(d) and 5(3)(d) of Schedule 3A (further provision about the inspectors of court administration) to the Courts Act 2003144;
f
section 20(4)(g) (joint area reviews) of the Children Act 2004145; and
g
paragraph 1(2)(d) of Schedule 13 (interaction with other authorities) to the Education and Inspections Act 2006146.