Office of Public Sector Information
Section 39
1 The Secretary of State may pay such compensation as he considers 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.
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 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 the Employment Rights Act 1996 (c. 18).
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.
4 Expressions used in this Part of this Schedule have the same meaning as in Part 1.
5 In the application of section 40C and 40D of the Prison Act 1952 (c. 52) (inserted by sections 22 and 23) 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 a reference to 6 months.
6 (1) Sub-paragraph (2) applies if section 35(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 38(1) includes provision modifying the provision inserted by section 35(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).
7 If section 59 of the Criminal Justice and Court Services Act 2000 (abolition of remand centres) has not come into force (or fully into force) before the coming into force of paragraph 18(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”.
Section 39
| Short title and chapter | Extent of repeal |
|---|---|
| Criminal Justice and Court Services Act 2000 (c. 43) | Sections 1 to 5. 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 subsection (4) the words “a probation committee”. Section 20(2). Section 21(5). Sections 22 and 23. In section 25, the definition of “approved premises”. In section 78, the definition of “local probation board”. Schedule 1. |
| Local Government and Public Involvement in Health Act 2007 | In section 80(3), the word “and” after paragraph (g)(ii). |
| 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 words from “and the medical officer” to the end. Section 17. Section 28(5). Section 41. |
| 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). |
| Criminal Justice and Public Order Act 1994 (c. 33) | Section 97(3). In Schedule 10, paragraph 68. |
| Freedom of Information Act 2000 (c. 36) | In Part 6 of Schedule 1, the entry relating to a board of visitors for a prison. |
| Short title and chapter | Extent of repeal |
|---|---|
| Criminal Justice and Public Order Act 1994 (c. 33) | In the sidenote to section 13, the words “at secure training centres”. 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 (Sentencing) Act 2000 (c. 6) | In section 102(1) the words “or by such other person as may be authorised by him for that purpose”. |
| Criminal Justice Act 2003 (c. 44) | Section 202(3)(b). |
Offender Management Act 2007