Offender Management Act 2007

Type Public General Act
Publication 2007-07-26
Last updated 2023-02-07
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API
  • (3) Any property or liability that is the subject of the scheme is, by virtue of this paragraph, transferred at the time appointed by or under the scheme.
  • (4) A certificate issued by the Secretary of State that any property or liability has, or has not, been transferred by virtue of the scheme is conclusive evidence of the transfer or the fact that it has not been transferred (as the case may be).
3
  • (1) This paragraph applies where a property transfer scheme is made.
  • (2) The scheme has effect despite any provision, of whatever nature, which would otherwise prevent, penalise or restrict the transfer of anything that is the subject of the scheme.
  • (3) A right of pre-emption, right of reverter or other similar right shall not operate or become exercisable as a result of any transfer of property by virtue of the scheme (but shall have effect after the transfer as if the transferee and the transferor were the same person and no transfer had taken place).
  • (4) Such compensation as is just is to be paid to any person in respect of any right which would, apart from sub-paragraph (3), have operated in favour of, or become exercisable by, that person but which (in consequence of that sub-paragraph), cannot subsequently operate in his favour or become exercisable by him.
  • (5) Any such compensation is to be paid by the transferor, by the transferee or by both.
  • (6) The scheme may provide for the determination of disputes as to whether and, if so, how much compensation is to be paid and as to the person by whom or to whom it is to be paid.
  • (7) This paragraph applies in relation to the creation of rights or interests, or the doing of anything else, in relation to property as it applies in relation to a transfer of property (and references to the transferor and transferee are to be read accordingly).
4
  • (1) Anything done by or in relation to the transferor for the purposes of or in connection with anything transferred by a property transfer scheme which is in effect immediately before the transfer is to be treated as if done by or in relation to the transferee.
  • (2) There may be continued by or in relation to the transferee anything (including legal proceedings) relating to anything so transferred which is in the process of being done by or in relation to the transferor immediately before it is transferred.
  • (3) A reference to the transferor in any document relating to anything so transferred is to be taken (so far as necessary for the purposes of or in consequence of the transfer) as a reference to the transferee.
  • (4) References in this paragraph to things done or being done by or in relation to the transferor include a reference to things treated by virtue of any Act or subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) as done or being done by or in relation to the transferor.

Staff transfer schemes

5
  • (1) The Secretary of State may make a scheme (“the scheme”) for—
  • (a) the transfer of employees of a local probation board to a relevant person or so as to become employed in the civil service of the state;
  • (b) the transfer of employees of one relevant person to another relevant person or so as to become employed in the civil service of the state;
  • (c) the transfer of persons employed in the civil service of the state so as to become employees of a relevant person.
  • (2) The scheme may—
  • (a) be expressed to apply to any description of person (or, in the case of a transfer from a local probation board or relevant person, all its employees) or to any individual person;
  • (b) provide for the Secretary of State or any other person nominated by or in accordance with the scheme to determine any matter requiring determination under or in consequence of the scheme;
  • (c) make supplementary, incidental, transitional and consequential provision.
  • (3) The scheme may not be made unless any directions about consultation given by the Secretary of State have been complied with in relation to each person to be transferred by virtue of the scheme.
6
  • (1) This paragraph applies to an employee of a probation board or a relevant person who is to be transferred to a relevant person by virtue of a staff transfer scheme.
  • (2) The contract of employment is not terminated by the transfer and has effect from the date of transfer as if originally made between the employee and the transferee.
  • (3) Where the employee is transferred under the scheme—
  • (a) all the rights, duties and liabilities of the transferor under or in connection with the contract of employment are by virtue of this sub-paragraph transferred to the transferee on the date of the transfer; and
  • (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 transferee.

This sub-paragraph does not prejudice the generality of sub-paragraph (2).

  • (4) But if the employee informs the transferor or the transferee that he objects to the transfer—
  • (a) sub-paragraphs (2) and (3) do not transfer the contract of employment (or the rights, powers, duties and liabilities under or in connection with it); and
  • (b) the contract of employment is terminated immediately before the date of transfer.
  • (5) The employee is not to be treated, for the purposes of the Employment Rights Act 1996 (c. 18), as having been dismissed by the transferor by reason of—
  • (a) the transfer of the contract of employment under the scheme; or
  • (b) the termination of the contract of employment under sub-paragraph (4)(b).
  • (6) In this paragraph “transferor” and “transferee” refer to the employer from whom or to whom the employee is or would be transferred under the scheme.
7
  • (1) This paragraph applies where an employee of a probation board or a relevant person is to become employed in the civil service of the state by virtue of a staff transfer scheme.
  • (2) The employee's period of employment with the transferor counts as a period of employment in his Crown employment and the change of employment does not break the continuity of that employment.
  • (3) So far as may be consistent with employment in the civil service of the state, the terms and conditions of his employment have effect after the transfer as if they were terms and conditions of his Crown employment.
  • (4) Where the employee is transferred under the scheme—
  • (a) all the rights, duties and liabilities of the transferor under or in connection with the contract of employment are by virtue of this sub-paragraph transferred to the Crown on the date of the transfer; and
  • (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) 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 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-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 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 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 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) 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
  • (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
  • (b) the termination of his employment by virtue of sub-paragraph (5)(b).
  • (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.
  • (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,
  • (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).

  • (2) Sub-paragraph (1) has effect subject to paragraphs 6(5), 7(6) and 8(6).

SCHEDULE 3

Part 1 — New arrangements for the provision of probation services

Race Relations Act 1976 (c. 74)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation Act 1978 (c. 30)

2

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 9(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;”.

Crime and Disorder Act 1998 (c. 37)

3
  • (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” there 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 ”.

Children Act 2004 (c. 31)

4
  • (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—

(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 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 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 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 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 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;

.

  • (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;

.

  • (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government and Public Involvement in Health Act 2007

5
  • (1) Section 104 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 (4)(i)—
  • (a) the “and” after sub-paragraph (ii) is omitted;
  • (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 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 (4)(i)(iv) are functions to which section 2(1)(c) of the 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)

6

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)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employment Rights Act 1996 (c. 18)

8

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
  • (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)

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Freedom of Information Act 2000 (c. 36)

10

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities: other public bodies and offices) there is inserted, in the appropriate place, the following entry— “ Any Independent Monitoring Board established under section 6(2) of the Prison Act 1952. ”

Part 3 — DTOs: accommodation

Prison Act 1952 (c. 52)

11
  • (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 “ 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 ”.

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

12
  • (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 “ 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 (c. 43), for “secure accommodation” there is substituted “ youth detention accommodation ”.

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

13
  • (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 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 ”.
14
  • (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 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, for “secure accommodation” there is substituted “ youth detention accommodation ”.

Crime (Sentences) Act 1997 (c. 43)

15
  • (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 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) ”.

Crime and Disorder Act 1998 (c. 37)

16
  • (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) 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 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 “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—

(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

.

  • (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 ”.
  • (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)

17
  • (1) The Armed Forces Act 2006 is amended as follows.
  • (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 “ “secure accommodation”” there is substituted “ “youth detention accommodation” ”.

Part 4 — Escort arrangements

Imprisonment (Temporary Provisions) Act 1980 (c. 57)

18
  • (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 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)

19

The Criminal Justice and Public Order Act 1994 is amended as follows.

20

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 ”.
21

In section 12 (escort arrangements and officers)—

  • (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 the purpose of performing any of the following— (i) escort functions; (ii) custodial duties at secure training centres;

.

22

In the sidenote to section 13 (protection of custody officers at secure training centres), the words “at secure training centres” are omitted.

23
  • (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 centres” there is substituted “ persons detained in youth detention accommodation ”.
24

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 section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000.

25

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

26

In paragraph 3 of Schedule 1—

  • (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

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 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.

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 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).

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

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

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 2 May 2022, the reference in subsection (5)(b) of those sections to the general limit in a magistrates’ court is to be read as a reference to 6 months.

Part 3 — Provisions relating to Part 3

Imprisonment of offenders aged 18 or over but under 21

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).

Remand centres

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 ”.

SCHEDULE 5

Part 1 — Probation services

Part 2 — Prisons

Part 3 — Miscellaneous

Responsibility for ensuring the provision of probation services

Responsibility for ensuring the provision of probation services

Disclosure for offender management purposes

Power of search in contracted out prisons and secure training centres

Power of search in contracted out prisons and secure training centres

Power of detention in contracted out prisons and secure training centres

Powers of authorised persons to perform custodial duties and search prisoners

Assisting a prisoner to escape

Assisting a prisoner to escape

Other offences relating to prison security

Independent monitoring boards

Independent monitoring boards

Amendment of section 8A of the Prison Act 1952

Effect of polygraph condition

Use in criminal proceedings of evidence from polygraph sessions

Use in criminal proceedings of evidence from polygraph sessions

Functions of Youth Justice Board

Detention and training orders: early release

Accommodation in which period of detention and training to be served

Escort arrangements

Orders and regulations

Minor and consequential amendments, transitionals, and repeals

Name and status

Membership and terms of appointment

Remuneration etc of members

Chief executive and other employees

Proceedings and delegation

General powers

Accounts and records

Duty to comply with directions

Transfer schemes: preliminary

Property transfer schemes

Staff transfer schemes

Race Relations Act 1976 (c. 74)

Interpretation Act 1978 (c. 30)

Crime and Disorder Act 1998 (c. 37)

Children Act 2004 (c. 31)

Local Government and Public Involvement in Health Act 2007

Prison Act 1952 (c. 52)

Race Relations Act 1976 (c. 74)

Employment Rights Act 1996 (c. 18)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Freedom of Information Act 2000 (c. 36)

Prison Act 1952 (c. 52)

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

Crime (Sentences) Act 1997 (c. 43)

Crime and Disorder Act 1998 (c. 37)

Armed Forces Act 2006 (c. 52)

Imprisonment (Temporary Provisions) Act 1980 (c. 57)

Criminal Justice and Public Order Act 1994 (c. 33)

Compensation for certain former chief officers of local probation boards

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

General saving for existing functions of the Secretary of State

Interpretation

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

Imprisonment of offenders aged 18 or over but under 21

Remand centres

Editorial notes

1

S. 16 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(a)

2

S. 17 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(b)

3

S. 18 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(c)

4

S. 19 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(d)

5

S. 20 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(e)

6

S. 25 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(f)

7

S. 26 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(g)

8

S. 27 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(h)

9

S. 32 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(i)

10

S. 35 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(l)

11

S. 36 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(m)

12

S. 37 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(n)

13

S. 38 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(o)

14

S. 39 in force at 1.11.2007 for specified purposes by S.I. 2007/3001, art. 2(1)(p)

15

S. 40 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(q)

16

Sch. 3 para. 6 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(r)

17

Sch. 3 para. 8 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(r)

18

Sch. 3 para. 10 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(r)

19

Sch. 3 para. 11 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(r)

20

Sch. 3 para. 12 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(r)

21

Sch. 3 para. 13 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(r)

22

Sch. 3 para. 14 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(r)

23

Sch. 3 para. 15 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(r)

24

Sch. 3 para. 16 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(r)

25

Sch. 3 para. 17 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(r)

26

Sch. 3 para. 18 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(r)

27

Sch. 3 para. 19 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(r)

28

Sch. 3 para. 20 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(r)

29

Sch. 3 para. 21 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(r)

30

Sch. 3 para. 22 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(r)

31

Sch. 3 para. 23 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(r)

32

Sch. 3 para. 24 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(r)

33

Sch. 3 para. 25 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(r)

34

Sch. 3 para. 26 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(r)

35

Sch. 4 para. 6 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(s)

36

Sch. 4 para. 7 in force at 1.11.2007 by S.I. 2007/3001, art. 2(1)(s)

37

Sch. 5 Pt. 2 in force at 1.11.2007 for specified purposes by S.I. 2007/3001, art. 2(1)(t)

38

Sch. 5 Pt. 3 in force at 1.11.2007 for specified purposes by S.I. 2007/3001, art. 2(1)(u)

42

S. 5 in force at 1.3.2008 by S.I. 2008/504, art. 2(a)

43

Sch. 1 para. 1 in force at 1.3.2008 by S.I. 2008/504, art. 2(a)

44

Sch. 1 para. 2 in force at 1.3.2008 by S.I. 2008/504, art. 2(a)

45

Sch. 1 para. 3 in force at 1.3.2008 by S.I. 2008/504, art. 2(a)

46

Sch. 1 para. 4 in force at 1.3.2008 by S.I. 2008/504, art. 2(a)

47

Sch. 1 para. 5 in force at 1.3.2008 by S.I. 2008/504, art. 2(a)

48

Sch. 1 para. 6 in force at 1.3.2008 by S.I. 2008/504, art. 2(a)

49

Sch. 1 para. 7 in force at 1.3.2008 by S.I. 2008/504, art. 2(a)

50

Sch. 1 para. 8 in force at 1.3.2008 by S.I. 2008/504, art. 2(a)

51

Sch. 1 para. 9 in force at 1.3.2008 by S.I. 2008/504, art. 2(a)

52

Sch. 1 para. 10 in force at 1.3.2008 by S.I. 2008/504, art. 2(a)

53

Sch. 1 para. 11 in force at 1.3.2008 by S.I. 2008/504, art. 2(a)

54

Sch. 1 para. 12 in force at 1.3.2008 by S.I. 2008/504, art. 2(a)

55

Sch. 1 para. 13 in force at 1.3.2008 by S.I. 2008/504, art. 2(a)

56

Sch. 1 para. 14 in force at 1.3.2008 by S.I. 2008/504, art. 2(a)

57

S. 11(2) in force at 1.3.2008 by S.I. 2008/504, art. 2(b)

58

Sch. 2 para. 1 in force at 1.3.2008 by S.I. 2008/504, art. 2(b)

59

Sch. 2 para. 2 in force at 1.3.2008 by S.I. 2008/504, art. 2(b)

60

Sch. 2 para. 3 in force at 1.3.2008 by S.I. 2008/504, art. 2(b)

61

Sch. 2 para. 4 in force at 1.3.2008 by S.I. 2008/504, art. 2(b)

62

Sch. 2 para. 5 in force at 1.3.2008 by S.I. 2008/504, art. 2(b)

63

Sch. 2 para. 6 in force at 1.3.2008 by S.I. 2008/504, art. 2(b)

64

Sch. 2 para. 7 in force at 1.3.2008 by S.I. 2008/504, art. 2(b)

65

Sch. 2 para. 8 in force at 1.3.2008 by S.I. 2008/504, art. 2(b)

66

Sch. 2 para. 9 in force at 1.3.2008 by S.I. 2008/504, art. 2(b)

67

Sch. 2 para. 10 in force at 1.3.2008 by S.I. 2008/504, art. 2(b)

68

S. 13 in force at 1.4.2008 by S.I. 2008/504, art. 3(e)

69

S. 12(1)(2) in force at 1.4.2008 by S.I. 2008/504, art. 3(d)

70

S. 12(3) in force at 1.4.2008 for specified purposes by S.I. 2008/504, art. 4(1)(j)(2)

71

S. 21 in force at 1.4.2008 by S.I. 2008/504, art. 3(g)

72

S. 22 in force at 1.4.2008 by S.I. 2008/504, art. 3(h)

73

S. 23 in force at 1.4.2008 by S.I. 2008/504, art. 3(i)

74

S. 24 in force at 1.4.2008 by S.I. 2008/504, art. 3(j)

75

S. 1 in force at 1.4.2008 for specified purposes by S.I. 2008/504, art. 4(1)(a)(2)

76

Sch. 3 para. 4 in force at 1.4.2008 by S.I. 2008/504, art. 3(l)

77

Sch. 4 para. 5 in force at 1.4.2008 by S.I. 2008/504, art. 3(m)

78

Sch. 3 para. 5 in force at 1.4.2008 by S.I. 2008/504, art. 3(l)

79

Sch. 3 para. 2 in force at 1.4.2008 by S.I. 2008/504, art. 3(l)

80

Sch. 3 para. 3 in force at 1.4.2008 by S.I. 2008/504, art. 3(l)

81

S. 2 in force at 1.4.2008 for specified purposes by S.I. 2008/504, art. 4(1)(b)(2) (with art. 5)

82

S. 4 in force at 1.4.2008 for specified purposes by S.I. 2008/504, art. 4(1)(d)(2)

83

S. 6 in force at 1.4.2008 for specified purposes by S.I. 2008/504, art. 4(1)(e)(2)

84

S. 8 in force at 1.4.2008 for specified purposes by S.I. 2008/504, art. 4(1)(g)(2)

85

S. 10 in force at 1.4.2008 for specified purposes by S.I. 2008/504, art. 4(1)(h)(2)

86

S. 15 in force at 1.4.2008 for specified purposes by S.I. 2008/504, art. 4(1)(k)(2)

87

S. 39 in force at 1.4.2008 for specified purposes by S.I. 2008/504, art. 3(k)

88

S. 39 in force at 1.4.2008 for specified purposes by S.I. 2008/504, art. 4(1)(l)(2)

89

S. 3(6) in force at 1.4.2008 by S.I. 2008/504, art. 3(a)

90

S. 3(1)-(5) (7) in force at 1.4.2008 for specified purposes by S.I. 2008/504, art. 4(1)(c)(2)

91

S. 7(1)(2) in force at 1.4.2008 by S.I. 2008/504, art. 3(b)

92

S. 7(3) in force at 1.4.2008 for specified purposes by S.I. 2008/504, art. 4(1)(f)(2)

93

S. 9 in force at 1.4.2008 by S.I. 2008/504, art. 3(c)

94

S. 11(1) in force at 1.4.2008 for specified purposes by S.I. 2008/504, art. 4(1)(i)(2)

95

S. 14 in force at 1.4.2008 by S.I. 2008/504, art. 3(f)

96

Sch. 4 para. 1 in force at 1.4.2008 by S.I. 2008/504, art. 3(m)

97

Sch. 4 para. 2 in force at 1.4.2008 by S.I. 2008/504, art. 3(m)

98

Sch. 4 para. 3 in force at 1.4.2008 by S.I. 2008/504, art. 3(m)

99

Sch. 4 para. 4 in force at 1.4.2008 by S.I. 2008/504, art. 3(m)

100

Sch. 5 Pt. 2 in force at 1.4.2008 for specified purposes by S.I. 2008/504, art. 3(n)

101

Sch. 5 Pt. 1 in force at 1.4.2008 for specified purposes by S.I. 2008/504, art. 3(n)

102

Sch. 5 Pt. 1 in force at 1.4.2008 for specified purposes by S.I. 2008/504, art. 4(1)(m)(2)

103

S. 39 in force at 1.5.2008 for specified purposes by S.I. 2007/3001, art. 3(b)

104

Sch. 5 Pt. 3 in force at 1.5.2008 for specified purposes by S.I. 2007/3001, art. 3(c)

105

S. 30 in force at 19.1.2009 by S.I. 2009/32, art. 2

106

S. 28 in force at 19.1.2009 for specified purposes and with effect in accordance with art. 5 by S.I. 2009/32, arts. 3(a), 4

107

S. 29 in force at 19.1.2009 for specified purposes and with effect in accordance with art. 5 by S.I. 2009/32, arts. 3(b), 4

108

S. 12(3) in force at 1.4.2009 for specified purposes by S.I. 2009/547, art. 2(1)(j)(2)

109

S. 1 in force at 1.4.2009 for specified purposes by S.I. 2009/547, art. 2(1)(a)(2)

110

S. 2 in force at 1.4.2009 for specified purposes by S.I. 2009/547, art. 2(1)(b)(2)

111

S. 4 in force at 1.4.2009 for specified purposes by S.I. 2009/547, art. 2(1)(d)(2)

112

S. 6 in force at 1.4.2009 for specified purposes by S.I. 2009/547, art. 2(1)(e)(2)

113

S. 8 in force at 1.4.2009 for specified purposes by S.I. 2009/547, art. 2(1)(g)(2)

114

S. 10 in force at 1.4.2009 for specified purposes by S.I. 2009/547, art. 2(1)(h)(2)

115

S. 15 in force at 1.4.2009 for specified purposes by S.I. 2009/547, art. 2(1)(k)(2)

116

S. 39 in force at 1.4.2009 for specified purposes by S.I. 2009/547, art. 2(1)(l)(2)

117

S. 3(1)-(5) (7) in force at 1.4.2009 for specified purposes by S.I. 2009/547, art. 2(1)(c)(2)

118

S. 7(3) in force at 1.4.2009 for specified purposes by S.I. 2009/547, art. 2(1)(f)(2)

119

S. 11(1) in force at 1.4.2009 for specified purposes by S.I. 2009/547, art. 2(1)(i)(2)

120

Sch. 5 Pt. 1 in force at 1.4.2009 for specified purposes by S.I. 2009/547, art. 2(1)(m)(2)

121

S. 12(3) in force at 1.4.2010 in so far as not already in force by S.I. 2010/191, art. 2(10)

122

S. 1 in force at 1.4.2010 in so far as not already in force by S.I. 2010/191, art. 2(1)

123

S. 2 in force at 1.4.2010 in so far as not already in force by S.I. 2010/191, art. 2(2)

124

S. 4 in force at 1.4.2010 in so far as not already in force by S.I. 2010/191, art. 2(4)

125

S. 6 in force at 1.4.2010 in so far as not already in force by S.I. 2010/191, art. 2(5)

126

S. 8 in force at 1.4.2010 in so far as not already in force by S.I. 2010/191, art. 2(7)

127

S. 10 in force at 1.4.2010 in so far as not already in force by S.I. 2010/191, art. 2(8)

128

S. 15 in force at 1.4.2010 in so far as not already in force by S.I. 2010/191, art. 2(11)

129

S. 39 in force at 1.4.2010 for specified purposes by S.I. 2010/191, art. 2(12)

130

S. 3(1)-(5) (7) in force at 1.4.2010 in so far as not already in force by S.I. 2010/191, art. 2(3)

131

S. 7(3) in force at 1.4.2010 in so far as not already in force by S.I. 2010/191, art. 2(6)

132

S. 11(1) in force at 1.4.2010 in so far as not already in force by S.I. 2010/191, art. 2(9)

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