Statutory Instruments
Probation, England And Wales
Made
1st February 2010
The Secretary of State makes the following Order in exercise of the powers conferred by section 41 of the Offender Management Act 2007(1).
1. This Order may be cited as the Offender Management Act 2007 (Commencement No. 5) Order 2010.
2. The following provisions of the Offender Management Act 2007, to the extent that they are not already in force, come into force on 1st April 2010—
(1) section 1 (meaning of “the probation purposes”)(2);
(2) section 2 (responsibility for ensuring the provision of probation services);
(3) section 3 (power to make arrangements for the provision of probation services);
(4) section 4 (restriction on certain arrangements under section 3);
(5) section 6 (power to make grants for probation purposes etc);
(6) section 7 (national standards for the management of offenders);
(7) section 8 (annual plans);
(8) section 10 (national framework for qualifications of officers);
(9) section 11 (abolition of local probation boards and transfers of property etc and staff);
(10) section 12 (the inspectorate);
(11) section 15 (power to repeal section 4);
(12) section 39 (minor and consequential amendments, transitionals, and repeals) insofar as it relates to the entries in Schedule 5 specified in paragraph (13); and
(13) in Part 1 (probation services) of Schedule 5 (repeals), the entries relating to the following provisions of the Criminal Justice and Court Services Act 2000—
(a)sections 1 to 5;
(b)section 8;
(c)section 10;
(d)section 18;
(e)section 20(2);
(f)section 21(5);
(g)section 22;
(h)section 78; and
(i)Schedule 1.
By the authority of the Secretary of State
Maria Eagle
Minister of State
Ministry of Justice
1st February 2010
(This note is not part of the Order)
This Order is the fifth commencement order under the Offender Management Act 2007 (“the Act”). It brings into force in the remainder of England and Wales, arrangements for the provision of probation services under Part 1 of the Act.
The arrangements under Part 1 of the Act were being brought into force by geographical areas in phases. The first phase was brought into force by the Offender Management Act 2007 (Commencement No.2 and Transitional Provisions) Order 2008(3). The second phase was brought into force by the Offender Management Act 2007 (Commencement No.4) Order 2009(4).
Article 2 brings into force on 1st April 2010 certain provisions in Part 1 of the Act relating to the provision of probation services in the areas of England and Wales where they are not already in force.
(This note is not part of the Order)
The following provisions of the Act have been brought into force by a commencement order made before the date of this Order.
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 1 (partially) | 1.4.2008 | 2008/504 |
| Section 1 (partially) | 1.4.2009 | 2009/547 |
| Section 2 (partially) | 1.4.2008 | 2008/504 |
| Section 2 (partially) | 1.4.2009 | 2009/547 |
| Section 3 (partially) | 1.4.2008 | 2008/504 |
| Section 3 (partially) | 1.4.2009 | 2009/547 |
| Section 4 (partially) | 1.4.2008 | 2008/504 |
| Section 4 (partially) | 1.4.2009 | 2009/547 |
| Section 5 | 1.3.2008 | 2008/504 |
| Section 6 (partially) | 1.4.2008 | 2008/504 |
| Section 6 (partially) | 1.4.2009 | 2009/547 |
| Section 7 (partially) | 1.4.2008 | 2008/504 |
| Section 7 (partially) | 1.4.2009 | 2009/547 |
| Section 8 (partially) | 1.4.2008 | 2008/504 |
| Section 8 (partially) | 1.4.2009 | 2009/547 |
| Section 9 | 1.4.2008 | 2008/504 |
| Section 10 (partially) | 1.4.2008 | 2008/504 |
| Section 10 (partially) | 1.4.2009 | 2009/547 |
| Section 11 (partially) | 1.3.2008 | 2008/504 |
| Section 11 (partially) | 1.4.2008 | 2008/504 |
| Section 11 (partially) | 1.4.2009 | 2009/547 |
| Section 12 (partially) | 1.4.2008 | 2008/504 |
| Section 12 (partially) | 1.4.2009 | 2009/547 |
| Sections 13 and 14 | 1.4.2008 | 2008/504 |
| Section 15 (partially) | 1.4.2008 | 2008/504 |
| Section 15 (partially) | 1.4.2009 | 2009/547 |
| Sections 16 to 20 | 1.11.2007 | 2007/3001 |
| Sections 21 to 24 | 1.4.2008 | 2008/504 |
| Sections 25 to 27 | 1.11.2007 | 2007/3001 |
| Section 28 (partially) | 19.1.2009 | 2009/32 |
| Section 29 (partially) | 19.1.2009 | 2009/32 |
| Section 30 | 19.1.2009 | 2009/32 |
| Section 31 | 1.5.2008 | 2007/3001 |
| Sections 32 to 38 | 1.11.2007 | 2007/3001 |
| Section 39 (partially) | 1.11.2007 | 2007/3001 |
| Section 39 (partially) | 1.4.2008 | 2008/504 |
| Section 39 (partially) | 1.5.2008 | 2007/3001 |
| Section 39 (partially) | 1.4.2009 | 2009/547 |
| Section 40 | 1.11.2007 | 2007/3001 |
| Schedules 1 and 2 | 1.3.2008 | 2008/504 |
| Schedule 3, Part 1 | 1.4.2008 | 2008/504 |
| Schedule 3, Parts 2, 3 and 4 | 1.11.2007 | 2007/3001 |
| Schedule 4, Parts 1 and 2 | 1.4.2008 | 2008/504 |
| Schedule 4, Part 3 | 1.11.2007 | 2007/3001 |
| Schedule 5, Part 1 (partially) | 1.4.2008 | 2008/504 |
| Schedule 5, Part 1 (partially) | 1.4.2009 | 2009/547 |
| Schedule 5, Part 2 (partially) | 1.11.2007 | 2007/3001 |
| Schedule 5, Part 2 (for remaining purposes) | 1.4.2008 | 2008/504 |
| Schedule 5, Part 3 (partially) | 1.11.2007 | 2007/3001 |
| Schedule 5, Part 3 (for remaining purposes) | 1.5.2008 | 2007/3001 |
Section 1 was amended by paragraph 83(a) of Part 2 of Schedule 26 to the Criminal Justice and Immigration Act 2008 (c.4).