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7

 

Clause 38

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

 

passed.

 

(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

 

report).

 

(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.”

Schedule 1

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”

 

means—

 

(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

 

in Wales.”

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

 

report on them.”

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)

 

there is inserted—

 

“(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—


 
 

8

 
 

“(j)    

a Welsh probation trust (as defined by paragraph

 

13(4) of Schedule 1 to the Offender Management

 

Act 2007).”;

 

(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

 

5(1).”

Schedule 3

46

Page 32, line 30, at end insert—

 

“Part

 

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,

 

the following entries—

 

    

“A probation trust.”

 

    

“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

 

Act 2007.””

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.


 
 

9

 
 

      (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

 

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;”; and

 

(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

 

authority;”.

 

      (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


 
 

10

 
 

Management Act 2007 to act as a Board partner of the

 

authority;”.

 

      (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

 

authority;”.

 

      (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)

 

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 Board partner of the

 

authority;”.”

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

 

amended as follows.

 

      (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

 

and Wales) .”

 

      (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—


 
 

11

 
 

“Part 2

 

Prisons

 

Prison Act 1952 (c. 52)

 

            

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

 

following entry—

 

            

“An Independent Monitoring Board appointed under section 6(2) of the

 

Prison Act 1952.”

 

Employment Rights Act 1996 (c. 18)

 

            

In section 50 of the Employment Rights Act 1996 (right to time off for

 

public duties)—

 

(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”

 

means a 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

 

the Prison Act 1952.””

52

Page 34, line 35, leave out sub-paragraph (2)

Schedule 5

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

(g)(ii).”

 
 

2007 (c. 00)

  

 
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