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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 14754/2

 
 

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”


 
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