House of Commons Amendments

House of Commons

Session 2006 - 07
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Other Bills before Parliament

LORDS amendments to the
Offender Management Bill
[The page and line references are to HL Bill 47, the bill as first printed for the Lords.]
Clause 1
1
Page 2, line 17, at end insert—

““prison” includes a young offender institution and a secure training

centre;”
Clause 2
2
Page 2, line 34, after “State” insert “under any enactment (whenever passed or

made)”
3
Page 2, line 35, leave out “section” and insert “paragraph”
4
Page 3, line 11, leave out subsection (6)
5
Page 3, line 16, leave out from “(c. 30))” to end of line 17
Clause 3
6
Page 3, line 21, leave out “Secretary of State” and insert “probation boards and

probation trusts”
7
Page 3, line 28, leave out “designate individuals” and insert “authorise individuals

under section 7(2) to act”
8
Page 3, line 35, at end insert—

“(3A)
If it appears to the Sectretary of State that sufficient provision of probation

services is not being, or will not be, made in accordance with the

arrangements under subsection (2), he shall—

(a)
make contractural or other arrangements with any other person for

the making of the probation provision; or

(b)
make the probation provision himself.”
9
Page 3, line 36, leave out from beginning to “, he” in line 37 and insert “Where the

Bill 147 54/2

2

Secretary of State makes probation provision himself in accordance with

subsection (3A)(b)”
10
Page 3, line 37, leave out from “himself,” to end of line 40 and insert “he shall make

arrangements for the making of that probation provision (and for the avoidance of

doubt the members of staff through whom he may act in making and carrying out

those arrangements include prison officers or other persons employed at a

prison).”
11
Page 3, line 46, at end insert—

“(6)
In carrying out their functions under this Part, and in particular in

providing any assistance to the courts and to the Parole Board for England

and Wales, providers of probation services and their officers shall ensure

that such assistance does not give rise to any conflict of interest between

their obligation to give such advice impartially and the financial interest of

the provider.”
After Clause 3
12
Insert the following new Clause—

“Requirement for probation trusts and probation boards to prepare plans

(1)
Each probation trust and probation board shall provide a plan for the

forthcoming financial year at least four months before the commencement

of that year.

(2)
A plan submitted under subsection (1) shall set out for the trust or board—

(a)
its anticipated probation service needs;

(b)
from whom it proposes to commission services; and

(c)
the cost of those services.

(3)
Where the Secretary of State considers that sufficient provision will not be

made, he may modify the plan.

(4)
Any modifications made by the Secretary of State shall be made no later

than one month before the start of the financial year covered by the plan.”
Clause 4
13
Page 4, line 2, leave out “3(2)” and insert “3”
Clause 5
14
Page 4, line 42, leave out subsections (6) and (7)
After Clause 6
15
Insert the following new Clause—

“National standards for the management of offenders

(1)
The Secretary of State shall continue to publish national standards for the

management of offenders.

3

(2)
The national standards may in particular include standards relating to the

management of offenders held in custody.

(3)
In exercising his powers under section 3(2) the Secretary of State shall have

regard to the need to secure, so far as practicable, that the arrangements in

force from time to time provide for the national standards to have the same

effect in relation to every provider of probation services carrying out the

activities to which the standards apply.”
16
Insert the following new Clause—

“Annual plans etc

(1)
The Secretary of State shall at least once in every year consult the Welsh

Ministers, and such other persons as he thinks fit, about the provision that

should be made for the purposes mentioned in section 2(1) for the

following year.

(2)
The Secretary of State shall, before the end of each year, publish an annual

plan for the following year which sets out the way in which the Secretary

of State proposes to—

(a)
discharge his functions under section 2(1) and (2) during that year;

and

(b)
carry out any arrangements which he expects to be in force under

section 3(4) for that year.

(3)
The Secretary of State shall have regard to the annual plan published under

subsection (2) for any year—

(a)
in discharging his functions under section 2(1) and (2) during that

year; and

(b)
in making or carrying out arrangements under section 3(3A) or (4)

for that year.

(4)
Arrangements made by the Secretary of State under section 3(3A) or (4)

with a person other than a probation trust shall, if the Secretary of State

thinks fit, require that person to publish an annual plan for each year in

which it expects to carry out any specified activities.

(5)
In subsection (4)—

“annual plan” means a plan setting out the way in which the person

required to publish the plan proposes to carry out any specified

activities during the year to which the plan relates;

“specified activities”, in relation to a person with whom arrangements

under section 3(4) or (5) are made, means activities of a description

specified in those arrangements for the purposes of subsection (4)

above.

(6)
In this section “year” means a period of 12 months ending with 31st

March.”
Clause 7
17
Page 5, line 14, leave out from “under” to end of line 16 and insert “subsection (2)

(and “officer”, in relation to a particular provider of probation services, means a

person so authorised to act as an officer of that provider).”
18
Page 5, line 17, leave out “as an officer of the relevant provider”and insert “to act

4

as an officer of a particular provider of probation services (“the relevant

provider”)”
19
Page 5, line 23, leave out subsection (4)
After Clause 7
20
Insert the following new Clause—

“National framework for qualifications of officers

(1)
The Secretary of State may publish guidelines about any qualifications,

experience or training required to perform the work of an officer of a

provider of probation services.

(2)
The Secretary of State must publish guidelines under subsection (1) in

relation to work involving the supervision of offenders and other work

requiring direct contact with offenders (including offenders held in

custody).

(3)
Guidelines under this section may make different provision for different

purposes.

(4)
In exercising his powers under section 3(2) and (4) and 7 the Secretary of

State shall have regard to the need to secure, so far as practicable, that

guidelines published under this section have the same effect in relation to

every provider of probation services whose officers perform work to which

they relate.”
Clause 11
21
Page 8, line 2, leave out “(whenever passed or made)” and insert “passed or made

before the end of the Session in which this Act is passed”
After Clause 12
22
Insert the following new Clause—

“Procedure for orders under section 12

(1)
The Secretary of State must not make an order under section 12 unless—

(a)
a draft of the order has been laid before and approved by a

resolution of each House; and

(b)
each of the resolutions for approving the draft was agreed more

than 60 days after the day on which the draft was laid before the

House in question.

(2)
No draft order under section 12 is to be laid before Parliament unless—

(a)
the Secretary of State has prepared and published a report

containing a proposal for the making of such provision;

(b)
the report sets out the Secretary of State’s reasons for making the

proposal;

(c)
the report has been laid before Parliament and each House has

approved the proposal contained in the report, either with or

without modifications; and

5

(d)
the draft order gives effect to the proposal so far as approved by

both Houses.

(3)
An approval given in either House satisfies the requirements of subsection

(2)(c) only if it was given in that House on the first occasion on which a

motion for the approval of the proposal was made in that House by a

Minister of the Crown after—

(a)
the laying of the report; or

(b)
if more than one report containing that proposal has been laid

before that House, the laying of the one laid most recently.

(4)
In reckoning a period of 60 days for the purposes of subsection (1), no

account shall be taken of a day for which—

(a)
Parliament is dissolved or prorogued; or

(b)
the House in question is adjourned as part of an adjournment for

more than four days.”
23
Insert the following new Clause—

“Probation report

(1)
Within a period of six months of the coming into force of this Act, the

Secretary of State shall lay a report before both Houses of Parliament

containing—

(a)
a review of the proposals contained within the report published on

11th December 2003 “Managing Offenders, Reducing Crime: A

New Approach”;

(b)
the collated responses to the consultation document “Restructuring

Probation to Reduce Re-Offending”;

(c)
a review of the responses referred to in paragraph (b); and

(d)
proposals for reform of the Probation Service.

(2)
The Secretary of State must include in a report under subsection (1)

notification of when he will exercise his power under section 38(1A).”
Clause 19
24
Page 12, line 25, at end insert—

“(4A)
The reference in paragraph (b), (c) or (d) of list B to a device of any

description includes a reference to—

(a)
a component part of a device of that description; or

(b)
an article designed or adapted for use with a device of that

description (including any disk, film or other separate article on

which images, sounds or information may be recorded).”
25
Page 13, line 3, at end insert “prison rules or by”
26
Page 13, line 6, at end insert—


“In paragraph (a) “specified” means specified in the authorisation.”
Clause 20
27
Page 15, line 32, at end insert—


“In paragraph (a) “specified” means specified in the authorisation.”

6

After Clause 22
28
Insert the following new Clause—

“Independent monitoring boards

(1)
The boards appointed under section 6 of the Prison Act 1952 (c. 52) (boards

of visitors) are renamed as independent monitoring boards.

(2)
Accordingly, in section 6 of that Act—

(a)
for the sidenote there is substituted “Independent monitoring

boards”;

(b)
in subsection (2), for “board of visitors” there is substituted “group

of independent monitors”;

(c)
after subsection (2) there is inserted—

“(2A)
The groups so appointed are to be known as independent

monitoring boards.”; and

(d)
in subsection (3), for “boards of visitors” there is substituted

“independent monitoring boards” and for “a board of visitors”

there is substituted “an independent monitoring board”.

(3)
In section 6(2) of that Act the words from “of whom” to the end cease to

have effect.”
Clause 25
29
Page 19, line 18, at end insert—

“(8)
The power to make rules under subsection (6) is exercisable by statutory

instrument subject to annulment in pursuance of a resolution of either

House of Parliament.”
Clause 30
30
Page 21, line 1, leave out paragraph (b)
31
Page 21, line 7, leave out paragraph (b)
32
Page 21, line 13, leave out paragraph (b)
33
Page 21, line 16, leave out subsection (5)
Clause 31
34
Leave out Clause 31
Clause 33
35
Page 23, line 1, leave out “under” and insert “or regulations under—

( )
section 5(1) or (3)(c),”
36
Page 23, line 10, leave out “5(1) or”
Clause 35
37
Page 23, line 40, after “Session” insert “after that”