|
|
| |
| | |
|
|
38 | Page 24, line 15, leave out subsection (1) and insert— |
|
| “(1) | Section (Probation report) comes into force on the day on which this Act is |
|
| |
| (1A) | Apart from section (Probation report), Part 1 of this Act comes into force on |
|
| such day as the Secretary of State may appoint by order made by statutory |
|
| instrument, but no such order may be made until the end of a period of 60 |
|
| days commencing with the laying of a report under section (Probation |
|
| |
| (1B) | Parts 2 to 4 of this Act shall come into force on such day as the Secretary of |
|
| State may appoint by order made by statutory instrument.” |
|
|
39 | Page 25, line 18, at end insert— |
|
| “(3) | Where practicable, at least one of the appointed members of a probation |
|
| trust must, when appointed, be a member of a relevant local authority. |
|
| (4) | For the purposes of sub-paragraph (3) “relevant local authority” |
|
| |
| (a) | a county council, district council or parish council in England, a |
|
| London Borough council, the Common Council of the City of |
|
| London or the Council of the Isles of Scilly; or |
|
| (b) | a county council, county borough council or community council |
|
| |
40 | Page 26, line 17, leave out “Subject to sub-paragraph (2),” |
|
41 | Page 26, line 22, leave out sub-paragraphs (2) and (3) |
|
42 | Page 27, line 22, leave out “the trust” and insert “a probation trust” |
|
43 | Page 27, line 23, at end insert— |
|
| “(2A) | The Auditor General for Wales may examine any accounts of a Welsh |
|
| probation trust, any records relating to the accounts and any auditor’s |
|
| |
44 | Page 27, line 24, leave out sub-paragraph (3) and insert— |
|
| “(3) | In the Audit Commission Act 1998 (c. 18)— |
|
| (a) | in section 11(2) (consideration of reports etc), after paragraph (f) |
|
| |
| “(fa) | probation trusts;”; |
|
| (b) | in paragraph 1 of Schedule 2 (bodies subject to audit), after |
|
| paragraph (p) there is inserted— |
|
| “(q) | a probation trust (other than a Welsh probation |
|
| trust as defined in paragraph 13(4) of Schedule 1 |
|
| to the Offender Management Act 2007).” |
|
| (3A) | In the Public Audit (Wales) Act 2004 (c. 23)— |
|
| (a) | in section 12(1) (local government bodies in Wales), after |
|
| paragraph (i) there is inserted— |
|
|
|
| |
| | |
|
| “(j) | a Welsh probation trust (as defined by paragraph |
|
| 13(4) of Schedule 1 to the Offender Management |
|
| |
| (b) | in section 24(2) (consideration of reports in public interest), after |
|
| paragraph (d) there is inserted— |
|
| “(e) | a probation trust.”; and |
|
| (c) | in section 25(3) (procedure for consideration of reports etc), after |
|
| paragraph (d) there is inserted— |
|
| “(e) | a probation trust.”” |
|
45 | Page 27, line 36, at end insert “; and |
|
| “Welsh probation trust” means a probation trust which is for the time |
|
| being designated as such by the order establishing it under section |
|
| |
|
46 | Page 32, line 30, at end insert— |
|
| |
| New arrangements for the provision of probation services |
|
| “Race Relations Act 1976 (c. 74) |
|
| | In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other |
|
| persons subject to general statutory duty under section 71), under the |
|
| heading “Other Bodies, Etc” there are inserted, at the appropriate places, |
|
| |
| |
| | “A provider of probation services (other than the |
|
| Secretary of State or a probation trust), in respect of its |
|
| statutory functions and the carrying out by it of activities |
|
| of a public nature in pursuance of arrangements made |
|
| with it under section 3(2) of the Offender Management |
|
| |
47 | Page 32, line 30, at end insert— |
|
| “Interpretation Act 1978 (c. 30) |
|
| | In Schedule 1 to the Interpretation Act 1978 (words and expressions |
|
| defined) there is inserted, at the appropriate places— |
|
| “Officer of a provider of probation services” in relation to |
|
| England and Wales, has the meaning given by section |
|
| 7(1) of the Offender Management Act 2007;”; and |
|
| “Provider of probation services”, in relation to England |
|
| and Wales, has the meaning given by section 3(5) of the |
|
| Offender Management Act 2007;”. |
|
48 | Page 32, line 30, at end insert— |
|
| “Crime and Disorder Act 1998 (c. 37) |
|
| (1) | The Crime and Disorder Act 1998 is amended as follows. |
|
|
|
| |
| | |
|
| (2) | In section 38(2) (provision of youth justice services), after paragraph (a) |
|
| (but before the “and” following it) there is inserted— |
|
| “(aa) | the Secretary of State in relation to his functions under |
|
| sections 2 and 3 of the Offender Management Act 2007; |
|
| (ab) | every provider of probation services that is required by |
|
| arrangements under section 3(2) of the Offender |
|
| Management Act 2007 to carry out the duty under this |
|
| subsection in relation to the local authority;”. |
|
| (3) | In section 39 (youth offending teams)— |
|
| (a) | in subsection (3), after paragraph (a) (but before the “and” |
|
| following it) there is inserted— |
|
| “(aa) | the Secretary of State in relation to his functions |
|
| under sections 2 and 3 of the Offender |
|
| |
| (ab) | every provider of probation services that is |
|
| required by arrangements under section 3(2) of |
|
| the Offender Management Act 2007 to carry out |
|
| the duty under this subsection in relation to the |
|
| |
| (b) | in subsection (5)(a), after “board” there is inserted “or an officer |
|
| of a provider of probation services”. |
|
| (4) | In section 41(10) (the Youth Justice Board) and 42(3) |
|
| (supplementary provisions), after “probation board” there is inserted “a |
|
| provider of probation services”. |
|
49 | Page 32, line 30, at end insert— |
|
| “Children Act 2004 (c. 31) |
|
| (1) | The Children Act 2004 is amended as follows. |
|
| (2) | In section 10(4) (co-operation to improve wellbeing: relevant partners), |
|
| after paragraph (c) there is inserted— |
|
| “(ca) | the Secretary of State in relation to his functions under |
|
| sections 2 and 3 of the Offender Management Act 2007, so |
|
| far as they are exercisable in relation to England; |
|
| (cb) | any provider of probation services that is required by |
|
| arrangements under section 3(2) of the Offender |
|
| Management Act 2007 to act as a relevant partner of the |
|
| |
| (3) | In section 11(1) (persons required to make arrangements to safeguard |
|
| and promote welfare), after paragraph (j) there is inserted— |
|
| “(ja) | the Secretary of State in relation to his functions under |
|
| sections 2 and 3 of the Offender Management Act 2007, so |
|
| far as they are exercisable in relation to England;”. |
|
| (4) | In section 13(3) (establishment of LSCBs: Board Partners), after |
|
| paragraph (c) there is inserted— |
|
| “(ca) | the Secretary of State in relation to any of his functions |
|
| under sections 2 and 3 of the Offender Management Act |
|
| 2007, so far as they are exercisable in relation to England; |
|
| (cb) | any provider of probation services that is required by |
|
| arrangements under section 3(2) of the Offender |
|
|
|
| |
| | |
|
| Management Act 2007 to act as a Board partner of the |
|
| |
| (5) | In section 25(4) (co-operation to improve wellbeing in Wales: relevant |
|
| partners), after paragraph (b) there is inserted— |
|
| “(ba) | the Secretary of State in relation to his functions under |
|
| sections 2 and 3 of the Offender Management Act 2007, so |
|
| far as they are exercisable in relation to Wales; |
|
| (bb) | any provider of probation services that is required by |
|
| arrangements under section 3(2) of the Offender |
|
| Management Act 2007 to act as a relevant partner of the |
|
| |
| (6) | In section 28(1) (persons required to make arrangements to safeguard |
|
| and promote welfare in Wales), after paragraph (f) there is inserted— |
|
| “(fa) | the Secretary of State in relation to his functions under |
|
| sections 2 and 3 of the Offender Management Act 2007, so |
|
| far as they are exercisable in relation to Wales;”. |
|
| (7) | In section 31(3) (establishment of LSCBs in Wales), after paragraph (b) |
|
| |
| “(ba) | the Secretary of State in relation to his functions under |
|
| sections 2 and 3 of the Offender Management Act 2007, so |
|
| far as they are exercisable in relation to Wales; |
|
| (bb) | any provider of probation services that is required by |
|
| arrangements under section 3(2) of the Offender |
|
| Management Act 2007 to act as a Board partner of the |
|
| |
50 | Page 32, line 30, at end insert— |
|
| “Local Government and Public Involvement in Health Act 2007 |
|
| (1) | Section 80 of the Local Government and Public Involvement in Health |
|
| Act 2007 (application of Chapter 1 of Part 5: partner authorities) is |
|
| |
| (2) | In subsection (3)(g)— |
|
| (a) | the “and” after sub-paragraph (ii) is omitted; |
|
| (b) | after sub-paragraph (iii) there is inserted “; |
|
| (iv) | his functions under sections 2 and 3 of the |
|
| Offender Management Act 2007 |
|
| (responsibility for ensuring the provision |
|
| of probation services throughout England |
|
| |
| (3) | After subsection (5) there is inserted— |
|
| “(5A) | The Secretary of State’s functions under this Chapter as a partner |
|
| authority of a local authority in relation to the functions referred |
|
| to in subsection (3)(g)(iv) are functions to which section 2(1)(c) of |
|
| the Offender Management Act 2007 (functions to be performed |
|
| through arrangements under section 3 of that Act) applies.”” |
|
51 | Page 32, line 30, at end insert— |
|
|
|
| |
| | |
|
| |
| |
| |
| | In section 19 of the Prison Act 1952 (right of justices to visit prison), in |
|
| subsection (3) for “visiting committee or the board of visitors” there is |
|
| substituted “independent monitoring board”. |
|
| Race Relations Act 1976 (c. 74) |
|
| | In Part 2 of Schedule 1A to the Race Relations Act 1976 (public bodies |
|
| and other persons subject to general statutory duty), there is inserted, in |
|
| the appropriate place under the heading “Other Bodies Etc.”, the |
|
| |
| | “An Independent Monitoring Board appointed under section 6(2) of the |
|
| |
| Employment Rights Act 1996 (c. 18) |
|
| | In section 50 of the Employment Rights Act 1996 (right to time off for |
|
| |
| (a) | in subsection (2)(d), for “a board of prison visitors” there is |
|
| substituted “an independent monitoring board for a prison”; and |
|
| (b) | in subsection (7)(a), for the words from the beginning to “of |
|
| visitors” there is substituted ““independent monitoring board” |
|
| |
| Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) |
|
| | In section 99 of the Powers of Criminal Courts (Sentencing) Act 2000 |
|
| (conversion of sentence of detention or custody to sentence of |
|
| imprisonment), in subsection (1)(b) for “board of visitors” there is |
|
| substituted “independent monitoring board”. |
|
| Freedom of Information Act 2000 (c. 36) |
|
| | In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public |
|
| authorities: other public bodies and offices) there is inserted, in the |
|
| appropriate place, the following entry— |
|
| | “Any Independent Monitoring Board established under section 6(2) of |
|
| |
52 | Page 34, line 35, leave out sub-paragraph (2) |
|
|
53 | Page 38, line 13, at end insert— |
|
| “Local Government and Public |
| In section 80(3), the word “and” after paragraph |
| | | | Involvement in Health Act |
| | | | | | | | |
|
|