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Offender Management Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 3

 

BARONESS SCOTLAND OF ASTHAL

1Page 3, line 31, leave out "designate individuals" and insert "authorise individuals under section 10(2) to act"
 

After Clause 3

 

LORD WALLACE OF SALTAIRE
LORD DHOLAKIA

2Insert the following new Clause—
  "Model contracts
(1)  The Secretary of State may produce model contracts for the purposes of seeking tenders for, and agreeing, contractual arrangements under section 3(2).
(2)  If the Secretary of State exercises his power under subsection (1) he shall produce different model contracts for private and voluntary sector providers.
(3)  A model contract may be amended or withdrawn at any time other than during the course of tendering.
(4)  There shall be published in the London Gazette—
(a)  a copy of any model contract produced under subsection (1),
(b)  a copy of any model contract amended under subsection (3),
(c)  a notice of the withdrawal of any model contract."
 

Clause 9

 

BARONESS ANELAY OF ST JOHNS

3*Page 6, line 25, leave out subsection (5) and insert—
"(5)  In subsection (4)—
 "annual plan" means a plan setting out the way in which the person required to publish the plan proposes to carry out any specified activities during the year to which the plan relates;
 "specified activities", in relation to a person with whom arrangements under sections 3(4) or (5) are made, means activities of a description specified in those arrangements for the purposes of subsection (4) above."
 

Clause 10

 

BARONESS SCOTLAND OF ASTHAL

4Page 6, line 36, leave out from "under" to end of line 38 and insert "subsection (2) (and "officer", in relation to a particular provider of probation services, means a person so authorised to act as an officer of that provider)."
5Page 6, line 39, leave out "as an officer of the relevant provider"and insert "to act as an officer of a particular provider of probation services ("the relevant provider")"
6Page 7, line 3, leave out subsection (4)
 

Clause 11

 

LORD RAMSBOTHAM
BARONESS HOWE OF IDLICOTE

7Page 7, line 21, at end insert—
"(   )  The probation boards and probation trusts shall not exercise their powers under section 3(2) to make contractual or other arrangements with another person unless they are satisfied that that person has complied with any guidelines published under subsection (1).
(   )  The Secretary of State shall not exercise his powers under section 3(4)(a) to make contractual or other arrangements with another person unless the Secretary of State is satisfied that that person has complied with any guidelines published under subsection (1)."
 

Clause 25

 

BARONESS SCOTLAND OF ASTHAL

8Page 15, line 37, at end insert—
  "In paragraph (a) "specified" means specified in the authorisation."
 

Clause 26

 

BARONESS SCOTLAND OF ASTHAL

9Page 18, line 18, at end insert—
  "In paragraph (a) "specified" means specified in the authorisation."
 

Schedule 1

 

BARONESS LINKLATER OF BUTTERSTONE
LORD DHOLAKIA

10Page 28, line 16, leave out paragraphs (c) and (d)
 

BARONESS SCOTLAND OF ASTHAL

11Page 29, line 29, leave out "Subject to sub-paragraph (2),"
12Page 29, line 34, leave out sub-paragraphs (2) and (3)
 

Schedule 3

 

BARONESS SCOTLAND OF ASTHAL

13Page 36, line 31, at end insert—
 

"Interpretation Act 1978 (c. 30)

 1A      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 10(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(6) of the Offender Management Act 2007;".
14Page 36, line 31, at end insert—
 

"Crime and Disorder Act 1998 (c. 37)

(1)      The Crime and Disorder Act 1998 is amended as follows.
(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" here 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".

 
 
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16 July 2007