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Offender Management Bill


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

35

 

(b)   

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

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

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

           

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

and (3).

5

      (5)  

But if the employee informs the transferor or the Secretary of State that he

objects to the transfer—

(a)   

the transfer shall not take place (and so sub-paragraphs (2) to (4) do

not apply); and

(b)   

the contract of employment is terminated immediately before the

10

date of transfer.

      (6)  

The employee is not to be treated, for the purposes of Part 9 of the

Employment Rights Act 1996, as having been dismissed by reason of—

(a)   

his transfer to Crown employment; or

(b)   

the termination of the contract of employment by virtue of sub-

15

paragraph (5)(b).

      (7)  

In this paragraph “transferor” refers to the employer from whom the

employee is or would be transferred under the scheme.

8     (1)  

This paragraph applies to an individual who is to be transferred from

employment in the civil service of the state so as to become an employee of

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a relevant person by virtue of a staff transfer scheme.

      (2)  

The individual’s employment is not terminated by the transfer.

      (3)  

The terms and conditions of the individual’s Crown employment (so far as

consistent with employment under a contract of employment with a person

other than the Crown) have effect from the date of transfer as the terms and

25

conditions of a contract of employment originally made between the

individual and the transferee.

      (4)  

Where the individual is transferred under the scheme—

(a)   

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

connection with his employment are by virtue of this sub-paragraph

30

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

(b)   

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

respect of that employment or the individual 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-paragraphs (2)

35

and (3).

      (5)  

But if the individual informs the Secretary of State or the transferee that he

objects to the transfer—

(a)   

the transfer shall not take place (and so sub-paragraphs (2) to (4) do

not apply); and

40

(b)   

his employment is terminated immediately before the date of

transfer.

      (6)  

For the purposes of Part 9 of the Employment Rights Act 1996, the individual

is not to be regarded as having been dismissed by reason of—

(a)   

his transfer from Crown employment under the scheme; or

45

(b)   

the termination of his employment by virtue of sub-paragraph (5)(b).

 

 

Offender Management Bill
Schedule 3 — Minor and consequential amendments
Part 1 — New arrangements for the provision of probation services

36

 

      (7)  

In this paragraph “transferee” refers to the employer to whom the person is

or would be transferred under the scheme.

9     (1)  

Nothing in this Schedule prejudices any right of an employee to terminate

his contract of employment if a substantial change is made to his detriment

in his working conditions.

5

      (2)  

But no such right arises by reason only that (by virtue of paragraph 6, 7 or 8)

the identity of his employer changes unless the employee shows that in all

the circumstances the change is a significant change and is to his detriment.

10    (1)  

Where an employee’s contract of employment with—

(a)   

a local probation board,

10

(b)   

a probation trust which is to be dissolved,

           

is not transferred under a staff transfer scheme, it is terminated immediately

before the date on which the board or probation trust ceases to exist (and the

employee is to be treated, for the purposes of the Employment Rights Act

1996 (c. 18), as having been dismissed by the board or probation trust).

15

      (2)  

Sub-paragraph (1) has effect subject to paragraphs 6(5), 7(6) and 8(6).

Schedule 3

Section 42

 

Minor and consequential amendments

Part 1

New arrangements for the provision of probation services

20

Race Relations Act 1976 (c. 74)

1          

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—

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“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

30

the Offender Management Act 2007.”

Children Act 2004 (c. 31)

2     (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—

35

“(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

40

 

 

Offender Management Bill
Schedule 3 — Minor and consequential amendments
Part 1 — New arrangements for the provision of probation services

37

 

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

5

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 his functions under

10

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

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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

20

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;”.

25

      (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;”.

30

      (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;

35

(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;”.

Local Government and Public Involvement in Health Act 2007

40

3     (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;

45

 

 

Offender Management Bill
Schedule 3 — Minor and consequential amendments
Part 2 — Prisons

38

 

(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

5

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

10

Offender Management Act 2007 (functions to be performed through

arrangements under section 3 of that Act) applies.”

Part 2

Prisons

Prison Act 1952 (c. 52)

15

4          

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)

5          

In Part 2 of Schedule 1A to the Race Relations Act 1976 (public bodies and

20

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.”

25

Employment Rights Act 1996 (c. 18)

6          

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

30

(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)

7          

In section 99 of the Powers of Criminal Courts (Sentencing) Act 2000

35

(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)

8          

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public

40

authorities: other public bodies and offices) there is inserted, in the

 

 

Offender Management Bill
Schedule 3 — Minor and consequential amendments
Part 3 — DTOs: accommodation

39

 

appropriate place, the following entry—

   

“Any Independent Monitoring Board established under

section 6(2) of the Prison Act 1952.”

Part 3

DTOs: accommodation

5

Prison Act 1952 (c. 52)

9     (1)  

Section 49 of the Prison Act 1952 (persons unlawfully at large) is amended

as follows.

      (2)  

In subsection (1), for “secure” there is substituted “youth detention”.

      (3)  

In subsection (2), for “secure” (in both places it occurs) there is substituted

10

“youth detention”.

      (4)  

In subsection (5)—

(a)   

for ““secure accommodation”” there is substituted ““youth detention

accommodation””, and

(b)   

in paragraph (c), for “secure” there is substituted “youth detention”.

15

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

10    (1)  

The Army Act 1955 is amended as follows.

      (2)  

In section 71AA(6)(a) (young service offenders: custodial orders), as

amended by paragraph 16(c) of Schedule 7 to the Criminal Justice and Court

Services Act 2000 (c. 43), for “secure accommodation” there is substituted

20

“youth detention accommodation”.

      (3)  

In paragraph 10(6)(a) of Schedule 5A (powers of court on trial of civilian), as

amended by paragraph 18(2)(d) of Schedule 7 to the Criminal Justice and

Court Services Act 2000, for “secure accommodation” there is substituted

“youth detention accommodation”.

25

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

11    (1)  

The Air Force Act 1955 is amended as follows.

      (2)  

In section 71AA(6)(a) (young service offenders: custodial orders), as

amended by paragraph 23(c) of Schedule 7 to the Criminal Justice and Court

Services Act 2000, for “secure accommodation” there is substituted “youth

30

detention accommodation”.

      (3)  

In paragraph 10(6)(a) of Schedule 5A (powers of court on trial of civilian), as

amended by paragraph 25(2)(d) of Schedule 7 to the Criminal Justice and

Court Services Act 2000, for “secure accommodation” there is substituted

“youth detention accommodation”.

35

Naval Discipline Act 1957 (c. 53)

12    (1)  

The Naval Discipline Act 1957 is amended as follows.

      (2)  

In section 43AA(6)(a) (young service offenders: custodial orders), as

amended by paragraph 30(c) of Schedule 7 to the Criminal Justice and Court

 

 

Offender Management Bill
Schedule 3 — Minor and consequential amendments
Part 3 — DTOs: accommodation

40

 

Services Act 2000, for “secure accommodation” there is substituted “youth

detention accommodation”.

      (3)  

In paragraph 10(6)(a) of Schedule 4A (power of court on trial of civilian), as

amended by paragraph 32(2)(d) of Schedule 7 to the Criminal Justice and

Court Services Act 2000 (c. 43), for “secure accommodation” there is

5

substituted “youth detention accommodation”.

Crime (Sentences) Act 1997 (c. 43)

13    (1)  

Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within

the British Islands) is amended as follows.

      (2)  

In paragraph 8(6)(a), for “secure”, in the first place it occurs, there is

10

substituted “youth detention”.

      (3)  

In paragraph 20(1), in the definition of “prison”, for “a young offender

institution” there is substituted “any accommodation which is youth

detention accommodation (within the meaning given by section 107(1) of the

Powers of Criminal Courts (Sentencing) Act 2000)”.

15

Crime and Disorder Act 1998 (c. 37)

14    (1)  

Section 41(5) of the Crime and Disorder Act 1998 (the Youth Justice Board)

is amended as follows.

      (2)  

In paragraph (i) (as it has effect before the commencement of paragraph

154(a) of Schedule 16 to the Armed Forces Act 2006), for sub-paragraph (i)

20

there is substituted—

“(i)   

youth detention accommodation, within the meaning

given by section 107(1) of the Powers of Criminal

Courts (Sentencing) Act 2000, for the purpose of

detaining persons in respect of whom a detention and

25

training order is made under section 100 of that Act or

an order is made under section 104(3)(a) or 105(2) of

that Act;”.

      (3)  

In paragraph (i) (as it has effect on or after the commencement of paragraph

154(a) of Schedule 16 to the Armed Forces Act 2006), in sub-paragraph (i) for

30

“secure accommodation” there is substituted “youth detention

accommodation”.

      (4)  

In paragraph (j) (as it has effect before the commencement of paragraph

154(b) of Schedule 16 to the Armed Forces Act 2006), for sub-paragraph (i)

there is substituted—

35

“(i)   

youth detention accommodation, within the meaning

given by section 107(1) of the Powers of Criminal

Courts (Sentencing) Act 2000, to be used for detaining

a person in accordance with a determination under

section 102(1), 104(3)(a) or 105(2) of that Act, or”.

40

      (5)  

In paragraph (j) (as it has effect on or after the commencement of paragraph

154(b) of Schedule 16 to the Armed Forces Act 2006), in sub-paragraph (i) for

“secure accommodation” there is substituted “youth detention

accommodation”.

 

 

Offender Management Bill
Schedule 3 — Minor and consequential amendments
Part 4 — Escort arrangements

41

 

      (6)  

In paragraph (l)(i), for “and sentenced children and young persons” there is

substituted “children and young persons and secure and other

accommodation for sentenced children and young persons”.

Armed Forces Act 2006 (c.52)

15    (1)  

The Armed Forces Act 2006 is amended as follows.

5

      (2)  

In section 214(3) (powers of court to order person to be detained where

offence committed during currency of detention and training order) for

“secure accommodation” there is substituted “youth detention

accommodation”.

      (3)  

In section 215(3) (meaning of “secure accommodation” in section 214) for

10

““secure accommodation”” there is substituted ““youth detention

accommodation””.

Part 4

Escort arrangements

Imprisonment (Temporary Provisions) Act 1980 (c. 57)

15

16    (1)  

Section 6 of the Imprisonment (Temporary Provisions) Act 1980 (detention

in the custody of a constable) is amended as follows.

      (2)  

In subsection (1) for the words from “prison” to “in which” there is

substituted “prison or accommodation which is youth detention

accommodation (within the meaning given by section 107(1) of the Powers

20

of Criminal Courts (Sentencing) Act 2000) in which”.

      (3)  

In subsection (2) for the words from “prison” to “in which” there is

substituted “accommodation in which”.

Criminal Justice and Public Order Act 1994 (c. 33)

17         

The Criminal Justice and Public Order Act 1994 is amended as follows.

25

18         

In section 9 (powers and duties of custody officers employed at contracted

out secure training centres)—

(a)   

in subsection (1)(a) for “offender” there is substituted “person”, and

(b)   

in subsection (3), for “offenders” there is substituted “persons”.

19         

In section 12 (escort arrangements and officers)—

30

(a)   

in subsection (1), for “offenders detained at a secure training centre”

there is substituted “persons detained in youth detention

accommodation”, and

(b)   

in subsection (3), for paragraph (a) there is substituted—

“(a)   

that he has been approved by the Secretary of State for

35

the purpose of performing any of the following—

(i)   

escort functions;

(ii)   

custodial duties at secure training centres;”.

20         

In the sidenote to section 13 (protection of custody officers at secure training

centres), the words “at secure training centres” are omitted.

40

 

 

 
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