Office of Public Sector Information
SCHEDULE 1 continued PART 1 continued
(13) In section 222 (rules), in subsection (1)(c), after “boards” insert “or providers of probation services”.
(14) In section 253 (curfew condition to be included in licence under section 246), in subsection (1)(a), for “section 9 of the Criminal Justice and Court Services Act 2000 (c.43)” substitute “section 13 of the Offender Management Act 2007 (c.21)”.
(15) In section 266 (release on licence etc: drug testing requirements), in subsection (5), in the definition of “responsible officer” in subsection (6) to be inserted in section 64 of the Criminal Justice Court Services Act 2000(107)—
(a) in paragraph (a), after “board” insert “, an officer of a provider of probation services”; and
(b) in paragraph (b), at the end insert “or an officer of a provider of probation services”.
(16) In section 325 (arrangements for assessing etc risk posed by certain offenders)—
(a) in subsection (1), after “for that area” insert “ or (if there is no local probation board for that area) a relevant provider of probation services”; and
(b) in subsection (9)(108) insert, at the appropriate place—
““a relevant provider of probation services” in relation to an area means a provider of probation services identified as such for the purposes of this section by arrangements under section 3 of the Offender Management Act 2007.”
(17) In Schedule 8 (breach, revocation or amendment of community order), in paragraph 27(1)(b)(i)(109), after “area” insert “, or (as the case may be) a provider of probation services operating in that area”.
(18) In Schedule 10 (revocation or amendment of custody plus orders and amendment of intermittent custody orders), in paragraph 9(1)(b)(110), after “area” insert “, or (as the case may be) a provider of probation services operating in that area”.
(19) In Schedule 11 (transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland)—
(a) in paragraph 17(4), for “local probation board” substitute “provider of probation services”; and
(b) in paragraph 22(7)(a) (111), after “area” insert “, or (as the case may be) a provider of probation services operating in the new local justice area”.
(20) In Schedule 12 (breach or amendment of suspended sentence order, and effect of further conviction), in paragraph 22(1)(b)(112), after “area” insert “, or (as the case may be) a provider of probation services operating in that area,”.
(21) In Schedule 13 (transfer of suspended sentence orders to Scotland or Northern Ireland),
(a) in paragraph 15(5), for “local probation board” substitute “provider of probation services”; and
(b) in paragraph 20(6)(a)(113), after “area” insert “, or (as the case may be) a provider of probation services operating in the new local justice area”.
20.—(1) The Domestic Violence, Crime and Victims Act 2004(114) is amended as follows.
(2) In section 9(115) (establishment and conduct of reviews), in subsection (4)(a) insert, at the appropriate place—
“providers of probation services;”.
(3) In section 35 (victims’ rights to make representations and receive information)—
(a) in subsection (3), after “imposed” insert “, or the provider of probation services operating in the local justice area in which the sentence is imposed, ”;
(b) after subsection (3), insert—
“(3A) The provider of probation services mentioned in subsection (3) is the provider of probation services identified as such by arrangements under section 3 of the Offender Management Act 2007.”;
(c) in subsection (6)—
(i) after “the local probation board” insert “or provider of probation services”; and
(ii) for “relevant local probation board” in both places it occurs, substitute “relevant probation body”;
(d) in subsection (7)—
(i) after “a local probation board” insert “or a provider of probation services”; and
(ii) for “relevant local probation board” in both places it occurs, substitute “relevant probation body”; and
(e) for subsection (8), substitute—
“(8) In this section “the relevant probation body” is—
(a) in a case where the offender is to be supervised on release by an officer of a local probation board or an officer of a provider of probation services, that local probation board or that provider of probation services (as the case may be);
(b) in any other case—
(i) if the prison or other place in which the offender is detained is situated in the area of a local probation board, that local probation board; and
(ii) if that prison or other place is not in such an area, the provider of probation services operating in the local justice area in which the prison or other place in which the offender is detained is situated, that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007.”
(4) In section 36 (victims’ rights: preliminary), insert—
(a) in subsection (4), after “is made” insert “or the provider of probation services operating in the local justice area in which the determination mentioned in subsection (2)(a), (b) or (c) is made ”; and
(b) after subsection (4), insert—
“(4A) The provider of probation services mentioned in subsection (4) is the provider of probation services identified as such by arrangements under section 3 of the Offender Management Act 2007.”
(5) In section 37 (representations)(116)—
(a) in subsection (2)—
(i) in paragraph (a), after “the local probation board” insert “or provider of probation services”; and
(ii) for the “relevant local probation board” in each place it occurs, substitute “relevant probation body”;
(b) in subsection (4), for “relevant local probation board” substitute “relevant probation body”;
(c) in subsection (5), for “relevant local probation board” substitute “relevant probation body”;
(d) in subsection (6)—
(i) for “relevant local probation board” in each place it occurs, substitute “relevant probation body”; and
(ii) in paragraph (b)(ii), after “the local probation board” insert “or provider of probation services”;
(e) in subsection (7), for “relevant local probation board” substitute “relevant probation body”; and
(f) for subsection (8), substitute—
“(8) In this section, “the relevant probation body” is—
(a) in a case where the patient is to be discharged subject to a condition that he reside in a particular area, which is or is part of the area of a local probation board, that local probation board;
(b) in a case where the patient is to be discharged subject to a condition that he reside in a particular area other than one mentioned in paragraph (a), the provider of probation services operating in that area that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007;
(c) in any other case—
(i) if the hospital in which the patient is detained is situated in the area of a local probation board, that area; and
(ii) if that hospital is not so situated, the provider of probation services operating in the local justice area in which the hospital in which the patient is detained is situated that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007.”
(6) In section 38 (information)(117)—
(a) in subsection (2), for “relevant local probation board” in both places it occurs substitute “relevant probation body”;
(b) in subsection (3)—
(i) for “relevant local probation board” substitute “relevant probation body”; and
(ii) in paragraph (d), for “the board” substitute “the body”;
(c) in subsection (4), for “relevant local probation board” substitute “relevant probation body”;
(d) in subsection (6), for “relevant local probation board” substitute “relevant probation body”;
(e) in subsection (7), for “relevant local probation board” substitute “relevant probation body”; and
(f) in subsection (9), for “relevant local probation board” substitute “relevant probation body”.
(7) In section 39 (victims’ rights: preliminary)—
(a) in subsection (2), after “is given” insert “, or the provider of probation services operating in the local justice area in which the hospital direction is given,”; and
(b) after subsection (2), insert—
“(2A) The provider of probation services mentioned in subsection (2) is the provider of probation services identified as such by arrangements under section 3 of the Offender Management Act 2007.”
(8) In section 40 (representations)—
(a) in subsection (2)—
(i) in paragraph (a), after “the local probation board” insert “or provider of probation services”; and
(ii) for “relevant local probation board” in each place it occurs, substitute “relevant probation body”;
(b) in subsection (4), for “relevant local probation board” substitute “relevant probation body”;
(c) in subsection (5), for “relevant local probation board” substitute “relevant probation body;”
(d) in subsection (6)—
(i) for “relevant local probation board” in each place it occurs, substitute “relevant probation body”; and
(ii) in paragraph (b)(ii), after “the local probation board” insert “or provider of probation services”;
(e) in subsection (7), for “relevant local probation board” substitute “relevant probation body”; and
(f) for subsection (8), substitute—
“(8) For the purposes of this section, “the relevant probation body” is—
(a) in a case where the offender is to be discharged from hospital subject to a condition that he reside in a particular area, which is or is part of the area of a local probation board, that local probation board;
(b) in a case where the offender is to be discharged from hospital subject to a condition that he reside in a particular area other than one mentioned in paragraph (a), the provider of probation services operating in that area that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007;
(c) in a case where the offender is to be supervised on release by an officer of a local probation board or an officer of a provider of probation services, that local probation board or that provider of probation services (as the case may be);
(d) in any other case—
(i) if the hospital, prison or other place in which the offender is detained is situated in the area of a local probation board, that area; and
(ii) if that hospital, prison or other place is not so situated, the provider of probation services operating in the local justice area in which the hospital, prison or other place in which the offender is detained is situated, that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007.”
(9) In section 41 (information)—
(a) In subsection (2), for “relevant local probation board” in both places it occurs, substitute “relevant probation body”;
(b) in subsection (3), for “relevant local probation board” substitute “relevant probation body”;
(c) in subsection (4), for “relevant local probation board” substitute “relevant probation body”;
(d) in subsection (6), for “relevant local probation board” substitute “relevant probation body”;
(e) in subsection (7), for “relevant local probation board” substitute “relevant probation body”; and
(f) in subsection (9), for “relevant local probation board” substitute “relevant probation body”.
(10) In section 42 (victims’ rights: preliminary)—
(a) in subsection (2)—
(i) after “specified in the transfer direction is situated” insert “or the provider of probation services operating in the local justice area in which the hospital specified in the transfer direction is situated”; and
(ii) after “the board” insert “or the provider”;
(b) after subsection (2), insert—
“(2A) The provider of probation services mentioned in subsection (2) is the provider of probation services identified as such by arrangements under section 3 of the Offender Management Act 2007.”
(11) In section 43 (representations)(118)—
(a) in subsection (2)—
(i) in paragraph (a), after “the local probation board” insert “or provider of probation services”; and
(ii) for “relevant local probation board” in each place it occurs, substitute “relevant probation body”;
(b) in subsection (4), for “relevant local probation board” substitute “relevant probation body”;
(c) in subsection (5), for “relevant local probation board” substitute “relevant probation body”;
(d) in subsection (6)—
(i) for “relevant local probation board” in each place it occurs, substitute “relevant probation body”; and
(ii) in paragraph (b)(ii) after “local probation board” insert “or provider of probation services”;
(e) in subsection (7), for “relevant local probation board” substitute “relevant probation body”; and
(f) for subsection (8), substitute—
“(8) In this section, “the relevant probation body” is—
(a) in a case where the offender is to be discharged subject to a condition that he reside in a particular area, which is or is part of the area of a local probation board, that local probation board;
(b) in a case where the offender is to be discharged subject to a condition that he reside in a particular area other than one mentioned in paragraph (a), the provider of probation services operating in that area that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007;
(c) in any other case—
(i) if the hospital in which the offender is detained is situated in the area of a local probation board, that area; and
(ii) if that hospital is not so situated, the provider of probation services operating in the local justice area in which the hospital in which the offender is detained is situated, that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007.”
(12) In section 44 (information)(119)—
(a) in subsection (2), for “relevant local probation board” in both places it occurs, substitute “relevant probation body”;
(b) in subsection (3)—
(i) for “relevant local probation board” substitute “relevant probation body”; and
(ii) in paragraph (d), after “the board” insert “or the body”;
(c) in subsection (4), for “relevant local probation board” substitute “relevant probation body”;
(d) in subsection (6), for “relevant local probation board” substitute “relevant probation body”;
(e) in subsection (7), for “relevant local probation board” substitute “relevant probation body”; and
(f) in subsection (9), for “relevant local probation board” substitute “relevant probation body”.
(13) In section 54 (disclosure of information), after subsection (3)(b), insert—
“(ba) a provider of probation services,”.
(14) In Schedule 9 (authorities within commissioner’s remit), after paragraph 25 insert—
“25A. A provider of probation services.”.
21.—(1) The Safeguarding Vulnerable Groups Act 2006(120) is amended as follows.
(2) In section 59(121) (vulnerable adults), after subsection (1)(f), insert—
“(fa) he is by virtue of an order of a court under supervision by a person acting for the purposes mentioned in section 1(1) of the Offender Management Act 2007 (c. 21),”.
22.—(1) The Police and Justice Act 2006(122) is amended as follows.
(2) In Schedule 1 (National Policing Improvement Agency), in paragraph 48(3)(b), after “board” insert “or officers of a provider of probation services”.
23.—(1) The Armed Forces Act 2006(123) is amended as follows.
(2) In section 183 (overseas community orders: modifications of 2003 Act)—
(a) for subsection (2), substitute—
“(2) Sections 201(7)(b) and 202(7) of the 2003 Act are to be read in relation to an oversees community order as referring to a place that has been approved by a local probation board or by a provider of probation services.”; and
(b) in subsection (4), after “board” insert “or the officer of a provider of probation services (as the case may be)”.
24.—(1) The Mental Health Act 2007(124) is amended as follows.
(2) In Schedule 6 (victim’s rights)—
(a) in paragraph 3, in the inserted section 36A(125) (supplemental provision for case where no restriction order made)—
(i) in subsection (2), after “board” insert “or provider of probation services”;
(ii) in subsection (3), after “board” insert “or the provider of probation services”;
(iii) in subsection (4), after “board” insert “or provider of probation services”; and
(iv) in subsection (5)—
(aa) after “probation board” insert “or provider of probation services”; and
(bb) in paragraph (b), after “the board” insert “or provider”;
(b) in paragraph 7, in the inserted section 38B(126) (removal of restriction)—
(i) in subsection (2), for “relevant local probation board” in both places it occurs, substitute “relevant probation body”;
(ii) in subsection (3), for “relevant local probation board” substitute “relevant probation body”; and
(iii) in subsection (6), for “relevant local probation board” substitute “relevant probation body”;
(c) in paragraph 9, in the inserted section 41A(127) (removal of restriction)—
(i) in subsection (2), for “relevant local probation board” in both places it occurs, substitute “relevant probation body”;
(ii) in subsection (3), for “relevant local probation board” substitute “relevant probation body”; and
(iii) in subsection (6), for “relevant local probation board” substitute “relevant probation body”;
(d) in paragraph 11, in the inserted section 42A(128) (supplemental provision for case where no restriction direction given)—
(i) in subsection (2), after “board” insert “or provider of probation services”;
(ii) in subsection (3), after “board” insert “or provider of probation services”;
(iii) in subsection (4), after “board” insert “or provider of probation services”; and
(iv) in subsection (5)—
(aa) after “probation board” insert “or provider of probation services”; and
(bb) in paragraph (b), after “the board” insert “or the provider”; and
(e) in paragraph 15, in the inserted section 44B(129) (removal of restriction)—
(i) in subsection (2), for “relevant local probation board” in both places it occurs substitute “relevant probation body”;
(ii) in subsection (3), for “relevant local probation board” substitute “relevant probation body”; and
(iii) in subsection (6), for “relevant local probation board” substitute “relevant probation body”.
25.—(1) The Corporate Manslaughter and Corporate Homicide Act 2007(130) is amended as follows.
(2) In section 7(131) (child-protection and probation function)—
(a) in subsection (3)—
(i) after “board” insert “, a provider of probation services”; and
(ii) after paragraph (a), insert—
“(aa) section 13 of the Offender Management Act 2007 (c. 21),”; and
(b) after subsection (3) insert—
“(4) This section also applies to any duty of care that a provider of probation services owes in respect of the carrying out by it of activities in pursuance of arrangements under section 3 of the Offender Management Act 2007.”
In section 266(5), subsection (6) is to be inserted in section 64 of the Criminal Justice and Court Services Act 2000 (c.43), from a date to be appointed. Back [107]
Section 325(9) was amended by the National Health Service (Consequential Provisions) Act 2006 (c.43), Schedule 1, paragraphs 253 and 254. Back [108]
Schedule 8, paragraph 27(1)(b) was amended by S.I. 2005/886. Back [109]
Schedule 10, paragraph 9(1)(b) was amended by S.I. 2005/886. Back [110]
Schedule 11, paragraph 22(7)(a) was amended by S.I. 2005/886. Back [111]
Schedule 12, paragraph 22(1)(b) was amended by S.I. 2005/886. Back [112]
Schedule 13, paragraph 20(6)(a) was amended by S.I. 2005/886. Back [113]
Section 9(4)(a) is to be commenced from a date to be appointed. It was amended by National Health Service (Consequential Provisions) Act 2006 (c.43), Schedule 1, paragraphs 262 and 263. Back [115]
Section 37, the section heading is to be substituted with “representations where restriction order made” by the Mental Health Act 2007 (c.12), Schedule 6, paragraphs 1 and 4, from a date to be appointed. Back [116]
Section 38, the section heading is to be substituted with “information where restriction order made” by the Mental Health Act 2007 (c.12), Schedule 6, paragraphs 1 and 6, from a date to be appointed. Back [117]
Section 43, the section heading is to be substituted with “representations where restriction direction made” by the Mental Health Act 2007 (c.12), Schedule 6, paragraphs 1 and 12, from a date to be appointed. Back [118]
Section 44, the section heading is to be substituted with “information where restriction direction made” by the Mental Health Act 2007 (c.12), Schedule 6, paragraphs 1 and 14, from a date to be appointed. Back [119]
Section 59 is to be commenced from a date to be appointed. Back [121]
Section 36A is to be inserted after section 36 in the Domestic Violence, Crime and Victims Act 2004 (c.28) by the Mental Health Act 2007 (c.12), Schedule 6, paragraphs 1 and 3, from a date to be appointed. Back [125]
Section 38B is to be inserted after section 38 in the Domestic Violence, Crime and Victims Act 2004 (c.28) by the Mental Health Act 2007 (c.12), Schedule 6, paragraphs 1 and 7, from a date to be appointed. Back [126]
Section 41A is to be inserted after section 41 in the Domestic Violence, Crime and Victims Act 2004 (c.28) by the Mental Health Act 2007 (c.12), Schedule 6, paragraphs 1 and 9, from a date to be appointed. Back [127]
Section 42A is to be inserted after section 42 in the Domestic Violence, Crime and Victims Act 2004 (c.28) by the Mental Health Act 2007 (c.12), Schedule 6, paragraphs 1 and 11, from a date to be appointed. Back [128]
Section 44B is to be inserted after section 44 in the Domestic Violence, Crime and Victims Act 2004 (c.28) by the Mental Health Act 2007 (c.12), Schedule 6, paragraphs 1 and 15, from a date to be appointed. Back [129]
section 7 is to be commenced from a date to be appointed. Back [131]
The Offender Management Act 2007 (Consequential Amendments) Order 2008