House of Lords portcullis
House of Lords
Session 2006 - 07
Internet Publications
Other Bills before Parliament

Offender Management Bill


Offender Management Bill
Schedule 4 — Transitional and transitory provisions and savings
Part 1 — Provisions relating to Part 1

42

 

21    (1)  

In section 14(1) (wrongful disclosure of information relating to offenders

detained at secure training centres), for “offender detained at a secure

training centre” there is substituted “person detained in youth detention

accommodation”.

      (2)  

In the sidenote to section 14, for “offenders detained at secure training

5

centres” there is substituted “persons detained in youth detention

accommodation”.

22         

In section 15 (interpretation of sections 7 to 14), after the definition of “sub-

contractor” there is inserted—

““youth detention accommodation” has the meaning given by

10

section 107(1) of the Powers of Criminal Courts (Sentencing)

Act 2000.”

23         

In paragraph 2(1)(b) of Schedule 1, for “offenders” there is substituted

“detained persons”.

24         

In paragraph 3 of Schedule 1—

15

(a)   

in paragraphs (a) and (b) of sub-paragraph (1), for “offender” there is

substituted “detained person”, and

(b)   

in sub-paragraph (3), for “offenders” there is substituted “detained

persons”.

Schedule 4

20

Section 42

 

Transitional and transitory provisions and savings

Part 1

Provisions relating to Part 1

Compensation for certain former chief officers of local probation boards

1          

The Secretary of State may pay such compensation as he considers

25

appropriate to any person who—

(a)   

ceases to hold office as chief officer of a local probation board by

virtue of the abolition of the board by virtue of this Part; and

(b)   

has not been appointed as chief executive of a probation trust before

ceasing to hold office as chief officer.

30

Continuity of employment where chief officer is appointed chief executive of a probation trust

2     (1)  

If a person who holds office as chief officer of a local probation board is

appointed as chief executive of a probation trust, his period of Crown

employment in that office (including any period mentioned in section 22(2)

of the Criminal Justice and Court Services Act 2000 (c. 43) for former chief

35

probation officers) counts as a period of employment with the probation

trust.

      (2)  

In this paragraph “Crown employment” means the employment in which

the chief executive of a local probation board was, by virtue of paragraph

3(5) of Schedule 1 to that Act, treated as being employed for the purposes of

40

the Employment Rights Act 1996 (c. 18).

 

 

Offender Management Bill
Schedule 4 — Transitional and transitory provisions and savings
Part 3 — Provisions relating to Part 3

43

 

General saving for existing functions of the Secretary of State

3          

Nothing in the provisions of Part 1 conferring functions on the Secretary of

State affects any other functions of his which are exercisable for any purpose

that corresponds to any of the section 1 purposes.

Interpretation

5

4          

Expressions used in this Part of this Schedule have the same meaning as in

Part 1.

Part 2

Provisions relating to Part 2

Penalty for offences under sections 40C & 40D of the Prison Act 1952

10

5          

In the application of section 40C and 40D of the Prison Act 1952 (c. 52)

(inserted by sections 25 and 26) in relation to offences committed before the

commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44)

(limit on magistrates’ court’s powers to impose imprisonment), the

reference in subsection (5)(b) of those sections to 12 months is to be read as

15

a reference to 6 months.

Part 3

Provisions relating to Part 3

Imprisonment of offenders aged 18 or over but under 21

20

6     (1)  

Sub-paragraph (2) applies if section 38(4)(a) comes into force before the day

on which section 61 of the Criminal Justice and Court Services Act 2000

(c. 43) (abolition of sentences of detention in a young offender institution,

custody for life, etc.) comes into force (or fully into force).

      (2)  

The provision that may be made by order under section 41(1) includes

25

provision modifying the provision inserted by section 38(4)(a) of this Act

with respect to sentences passed, or other things done, at any time before

section 61 of that Act comes into force (or fully into force).

Remand centres

7          

If section 59 of the Criminal Justice and Court Services Act 2000 (abolition of

30

remand centres) has not come into force (or fully into force) before the

coming into force of paragraph 16(2) of Schedule 3, that paragraph has effect

until section 59 of the Criminal Justice and Court Services Act 2000 comes

into force (or comes fully into force) as if after “prison” (in the second place

it occurs) there were inserted “, remand centre”.

35

 

 

Offender Management Bill
Schedule 5 — Repeals
Part 2 — Prisons etc

44

 

Schedule 5

Section 42

 

Repeals

Part 1

Probation services

 

Short title and chapter

Extent of repeal

 

5

 

Criminal Justice and Court

Sections 1 to 5.

 
 

Services Act 2000 (c. 43)

In section 6(1), the words from “but” to the end.

 
  

Sections 8 to 10.

 
  

In section 18, subsection (2)(b), in subsection (3)

 
  

the words “a local probation board or” and in

 

10

  

subsection (4) the words “a probation

 
  

committee”.

 
  

Section 20(2).

 
  

Section 21(5).

 
  

Sections 22 and 23.

 

15

  

In section 25, the definition of “approved

 
  

premises”.

 
  

In section 78, the definition of “local probation

 
  

board”.

 
  

Schedule 1.

 

20

 

Local Government and Public

In section 80(3), the word “and” after paragraph

 
 

Involvement in Health Act

(g)(ii).

 
 

2007 (c. 00)

  

Part 2

Prisons etc

25

 

Short title and chapter

Extent of repeal

 
 

Prison Act 1952 (c. 52)

In section 6(2), the words from “of whom” to the

 
  

end.

 
  

In section 7, in subsection (1), the words “and a

 
  

medical officer” and, in subsection (4) the

 

30

  

words from “and the medical officer” to the

 
  

end.

 
  

Section 17.

 
  

Section 28(5).

 
  

Section 41.

 

35

 

Race Relations Act 1976 (c. 74)

In Part 2 of Schedule 1A, the entry relating to a

 
  

board of visitors for a prison.

 
 

Criminal Justice Act 1991 (c. 53)

In section 85, in subsection (2) the words

 
  

“Subject to subsection (3) below” and

 
  

subsection (3).

 

40

 

Criminal Justice and Public

Section 97(3).

 
 

Order Act 1994 (c. 33)

In Schedule 10, paragraph 68.

 
 

Freedom of Information Act

In Part 6 of Schedule 1, the entry relating to a

 
 

2000 (c. 36)

board of visitors for a prison.

 
 

 

Offender Management Bill
Schedule 5 — Repeals
Part 3 — Miscellaneous

45

 

Part 3

Miscellaneous

 

Short title and chapter

Extent of repeal

 
 

Criminal Justice and Public

In the sidenote to section 13, the words “at

 
 

Order Act 1994 (c. 33)

secure training centres”.

 

5

  

In Schedule 1, in paragraph 4, the word “and” at

 
  

the end of the definition of “escort

 
  

arrangements” and the definitions of

 
  

“offender” and “secure training centre”.

 
 

Powers of Criminal Courts

In section 102(1) the words “or by such other

 

10

 

(Sentencing) Act 2000 (c. 6)

person as may be authorised by him for that

 
  

purpose”.

 
 

Criminal Justice Act 2003 (c. 44)

Section 202(3)(b).

 
 

 

 
previous section contents
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2007
Revised 6 July 2007