Offender Management Bill

House of Lords

Session 2006 - 07
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Other Bills before Parliament

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
20
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conditions of a contract of employment originally made between the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—
25

“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
15
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