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Offender Management Bill


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Offender Management Bill
Schedule 1 — Probation trusts: further provisions

 

Schedules

Schedule 1

Section 6

 

Probation trusts: further provisions

Name and status

1     (1)  

A probation trust is a body corporate.

5

      (2)  

The name of the trust is that specified in the order establishing it.

2          

A probation trust is not to be regarded as the servant or agent of the Crown

or as enjoying any status, privilege or immunity of the Crown (and,

accordingly, its property is not to be regarded as property of, or property

held on behalf of, the Crown).

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Membership and terms of appointment

3     (1)  

A probation trust shall consist of—

(a)   

a chairman and not less than four other members appointed by the

Secretary of State;

(b)   

the chief executive;

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(c)   

a magistrate for the area in which the probation trust carries out its

functions; and

(d)   

a local councillor for the area in which the probation trust carries out

its functions.

      (2)  

In the following provisions “appointed member” means a member of a

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probation trust appointed by the Secretary of State under sub-paragraph

(1)(a) (including the chairman, where the context allows).

      (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—

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(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.

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4     (1)  

An appointed member holds and vacates office (and may be removed from

office) in accordance with the terms of his appointment.

      (2)  

An appointed member may resign by giving notice in writing to the

Secretary of State.

 

 

Offender Management Bill
Schedule 1 — Probation trusts: further provisions

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Remuneration etc of members

5     (1)  

The Secretary of State shall—

(a)   

pay appointed members such remuneration, fees and expenses as

may be determined by him; and

(b)   

pay, or make provision for paying, any person who is or has been an

5

appointed member such pensions, allowances or gratuities as may

be so determined.

      (2)  

If the Secretary of State determines that there are special circumstances that

make it right for a person ceasing to hold office as an appointed member

(otherwise than on the expiration of his term of office) to receive

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compensation, the Secretary of State may pay an amount of compensation

determined by him to that person.

Chief executive and other employees

6     (1)  

A probation trust shall have a chief executive appointed by the appointed

members.

15

      (2)  

The terms of employment of the chief executive are for the appointed

members to determine.

      (3)  

Sub-paragraphs (1) and (2) do not apply to—

(a)   

the appointment of the first chief executive of the trust, or

(b)   

the determination of the terms of employment applicable to the first

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chief executive when his appointment takes effect,

           

if the Secretary of State directs that the first chief executive is to be a person

appointed by the Secretary of State on terms determined by the Secretary of

State.

7     (1)  

A probation trust may appoint such employees (in addition to the chief

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executive) as it thinks appropriate.

      (2)  

The terms of employment of employees so appointed are for the trust to

determine.

8     (1)  

Subject to sub-paragraph (2), the determination of terms of employment

under paragraph 6(2) or 7(2) relating to—

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(a)   

remuneration, fees or expenses, and

(b)   

pensions, allowances or gratuities,

           

requires the approval of the Secretary of State.

      (2)  

The Secretary of State may direct that for the time being sub-paragraph (1)

does not apply in such cases or circumstances as may be specified in the

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direction.

      (3)  

Such a direction may be given in relation to—

(a)   

all probation trusts or to any probation trust specified or described in

the direction;

(b)   

all determinations to which sub-paragraph (1) applies or to such

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determinations as may be specified or described in the direction.

Proceedings and delegation

9          

A probation trust may regulate its own procedure (including quorum).

 

 

Offender Management Bill
Schedule 1 — Probation trusts: further provisions

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10         

The validity of any proceedings of a probation trust is not affected by a

vacancy among its members or by a defect in the appointment of any

member.

11    (1)  

A probation trust may authorise an appointed member, a committee, the

chief executive or any other member of staff to do anything (including

5

exercising the power under this paragraph) that the trust would otherwise

have to do itself.

      (2)  

For this purpose “committee” means a committee or sub-committee of the

trust, including one that includes persons who are not members of the trust.

      (3)  

Authorisation under this paragraph may be general or specific.

10

General powers

12    (1)  

A probation trust has power to do anything (including acquiring and

disposing of property and accepting gifts) which appears to it to facilitate, or

to be conducive or incidental to—

(a)   

the achievement of its purposes; or

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(b)   

the performance of any functions conferred on it by any enactment

(whenever passed or made).

      (2)  

But a probation trust—

(a)   

may not hold land (though it may manage land held by another);

(b)   

may not—

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(i)   

borrow money, whether by way of overdraft or otherwise; or

(ii)   

invest sums not immediately required for achieving its

purposes,

   

without the approval of the Secretary of State.

      (3)  

Approval under sub-paragraph (2)(b) may be general or specific.

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      (4)  

In this paragraph “enactment” includes subordinate legislation (within the

meaning of the Interpretation Act 1978 (c. 30)).

Accounts and records

13    (1)  

A probation trust must—

(a)   

keep proper accounts and proper records in relation to the accounts;

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(b)   

prepare in respect of each financial year a statement of accounts.

      (2)  

The Comptroller and Auditor General may examine any accounts of a

probation trust, any records relating to the accounts and any auditor’s report

on them.

      (3)  

The Auditor General for Wales may examine any accounts of a Welsh

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probation trust, any records relating to the accounts and any auditor’s report

on them.

      (4)  

In the Audit Commission Act 1998 (c. 18)—

(a)   

in section 11(2) (consideration of reports etc), after paragraph (f)

there is inserted—

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“(fa)   

probation trusts;”;

(b)   

in paragraph 1 of Schedule 2 (bodies subject to audit), after

 

 

Offender Management Bill
Schedule 2 — Transfers of property etc and staff in connection with probation services arrangements

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paragraph (p) there is inserted—

“(q)   

a probation trust (other than a Welsh probation trust

as defined in paragraph 13(6) of Schedule 1 to the

Offender Management Act 2007).”

      (5)  

In the Public Audit (Wales) Act 2004 (c. 23)—

5

(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(6) of Schedule 1 to the Offender Management Act

2007).”;

10

(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—

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“(e)   

a probation trust.”

      (6)  

In this paragraph—

“financial year”, in relation to a probation trust, means a period of 12

months ending with 31st March (except that its first financial year is

the period beginning with the date on which it is established and

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ending with the next following 31st March); and

“Welsh probation trust” means a probation trust which is for the time

being designated as such by the order establishing it under section

6(1).

Duty to comply with directions

25

14    (1)  

A probation trust must comply with any general or specific directions given

to it by the Secretary of State in connection with the carrying on of any of its

activities.

      (2)  

In particular, a probation trust must provide the Secretary of State with any

information relating to the performance of its activities as he may from time

30

to time direct.

      (3)  

Different directions may be given under this paragraph for different

purposes and in relation to different probation trusts.

Schedule 2

Section 12

 

Transfers of property etc and staff in connection with probation services

35

arrangements

Transfer schemes: preliminary

1     (1)  

A property transfer scheme or a staff transfer scheme may be made for the

purposes of or in connection with—

(a)   

the abolition of a local probation board;

40

(b)   

the implementation or termination of any arrangements made by the

Secretary of State under section 3(2) or (5); or

 

 

Offender Management Bill
Schedule 2 — Transfers of property etc and staff in connection with probation services arrangements

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(c)   

the implementation or termination of any arrangements mentioned

in section 3(3)(c) for anything to be done on behalf of a provider of

probation services.

      (2)  

In this Schedule—

“property” includes rights and interests of any description (other than

5

those under a contract of employment);

“property transfer scheme” means a scheme under paragraph 2;

“relevant person” means—

(a)   

a probation trust;

(b)   

any other provider of probation services; or

10

(c)   

a person with whom any arrangements mentioned in sub-

paragraph (1)(c) are made;

“staff transfer scheme” means a scheme under paragraph 5.

Property transfer schemes

2     (1)  

The Secretary of State may make a scheme (“the scheme”) providing for—

15

(a)   

the transfer to the Secretary of State of—

(i)   

the property and liabilities of a local probation board; or

(ii)   

any property or liabilities of a relevant person; or

(b)   

the transfer to a relevant person of any property or liabilities of the

Secretary of State (whether or not after an initial transfer to him

20

under paragraph (a)).

      (2)  

The scheme may—

(a)   

create rights or interests, or impose liabilities or conditions, in

relation to anything transferred or acquired by virtue of the scheme;

(b)   

provide for the Secretary of State or any other person nominated by

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or in accordance with the scheme to determine any matter requiring

determination under or in consequence of the scheme;

(c)   

make supplementary, incidental, transitional and consequential

provision.

      (3)  

Any property or liability that is the subject of the scheme is, by virtue of this

30

paragraph, transferred at the time appointed by or under the scheme.

      (4)  

A certificate issued by the Secretary of State that any property or liability

has, or has not, been transferred by virtue of the scheme is conclusive

evidence of the transfer or the fact that it has not been transferred (as the case

may be).

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3     (1)  

This paragraph applies where a property transfer scheme is made.

      (2)  

The scheme has effect despite any provision, of whatever nature, which

would otherwise prevent, penalise or restrict the transfer of anything that is

the subject of the scheme.

      (3)  

A right of pre-emption, right of reverter or other similar right shall not

40

operate or become exercisable as a result of any transfer of property by

virtue of the scheme (but shall have effect after the transfer as if the

transferee and the transferor were the same person and no transfer had

taken place).

 

 

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Schedule 2 — Transfers of property etc and staff in connection with probation services arrangements

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      (4)  

Such compensation as is just is to be paid to any person in respect of any

right which would, apart from sub-paragraph (2), have operated in favour

of, or become exercisable by, that person but which (in consequence of that

sub-paragraph), cannot subsequently operate in his favour or become

exercisable by him.

5

      (5)  

Any such compensation is to be paid by the transferor, by the transferee or

by both.

      (6)  

The scheme may provide for the determination of disputes as to whether

and, if so, how much compensation is to be paid and as to the person by

whom or to whom it is to be paid.

10

      (7)  

This paragraph applies in relation to the creation of rights or interests, or the

doing of anything else, in relation to property as it applies in relation to a

transfer of property (and references to the transferor and transferee are to be

read accordingly).

4     (1)  

Anything done by or in relation to the transferor for the purposes of or in

15

connection with anything transferred by a property transfer scheme which

is in effect immediately before the transfer is to be treated as if done by or in

relation to the transferee.

      (2)  

There may be continued by or in relation to the transferee anything

(including legal proceedings) relating to anything so transferred which is in

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the process of being done by or in relation to the transferor immediately

before it is transferred.

      (3)  

A reference to the transferor in any document relating to anything so

transferred is to be taken (so far as necessary for the purposes of or in

consequence of the transfer) as a reference to the transferee.

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      (4)  

References in this paragraph to things done or being done by or in relation

to the transferor include a reference to things treated by virtue of any Act or

subordinate legislation (within the meaning of the Interpretation Act 1978

(c. 30)) as done or being done by or in relation to the transferor.

Staff transfer schemes

30

5     (1)  

The Secretary of State may make a scheme (“the scheme”) for—

(a)   

the transfer of employees of a local probation board to a relevant

person or so as to become employed in the civil service of the state;

(b)   

the transfer of employees of one relevant person to another relevant

person or so as to become employed in the civil service of the state;

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(c)   

the transfer of persons employed in the civil service of the state so as

to become employees of a relevant person.

      (2)  

The scheme may—

(a)   

be expressed to apply to any description of person (or, in the case of

a transfer from a local probation board or relevant person, all its

40

employees) or to any individual person;

(b)   

provide for the Secretary of State or any other person nominated by

or in accordance with the scheme to determine any matter requiring

determination under or in consequence of the scheme;

(c)   

make supplementary, incidental, transitional and consequential

45

provision.

 

 

Offender Management Bill
Schedule 2 — Transfers of property etc and staff in connection with probation services arrangements

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      (3)  

The scheme may not be made unless any directions about consultation given

by the Secretary of State have been complied with in relation to each person

to be transferred by virtue of the scheme.

6     (1)  

This paragraph applies to an employee of a probation board or a relevant

person who is to be transferred to a relevant person by virtue of a staff

5

transfer scheme.

      (2)  

The contract of employment is not terminated by the transfer and has effect

from the date of transfer as if originally made between the employee and the

transferee.

      (3)  

Where the employee is transferred under the scheme—

10

(a)   

all the rights, duties and liabilities of the transferor under or in

connection with the contract of employment are by virtue of this sub-

paragraph transferred to the transferee on the date of the transfer;

and

(b)   

anything done before that date by, or in relation to, the transferor in

15

respect of that contract or the employee is to be treated from that date

as having been done by or in relation to the transferee.

           

This sub-paragraph does not prejudice the generality of sub-paragraph (2).

      (4)  

But if the employee informs the transferor or the transferee that he objects to

the transfer—

20

(a)   

sub-paragraphs (2) and (3) do not transfer the contract of

employment (or the rights, powers, duties and liabilities under or in

connection with it); and

(b)   

the contract of employment is terminated immediately before the

date of transfer.

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      (5)  

The employee is not to be treated, for the purposes of the Employment

Rights Act 1996 (c. 18), as having been dismissed by the transferor by reason

of—

(a)   

the transfer of the contract of employment under the scheme; or

(b)   

the termination of the contract of employment under sub-paragraph

30

(4)(b).

      (6)  

In this paragraph “transferor” and “transferee” refer to the employer from

whom or to whom the employee is or would be transferred under the

scheme.

7     (1)  

This paragraph applies where an employee of a probation board or a

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relevant person is to become employed in the civil service of the state by

virtue of a staff transfer scheme.

      (2)  

The employee’s period of employment with the transferor counts as a period

of employment in his Crown employment and the change of employment

does not break the continuity of that employment.

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      (3)  

So far as may be consistent with employment in the civil service of the state,

the terms and conditions of his employment have effect after the transfer as

if they were terms and conditions of his Crown employment.

      (4)  

Where the employee is transferred under the scheme—

(a)   

all the rights, duties and liabilities of the transferor under or in

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connection with the contract of employment are by virtue of this sub-

paragraph transferred to the Crown on the date of the transfer; and

 

 

 
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