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Part IE+W The New Services

Chapter IE+W National Probation Service for England and Wales

FunctionsE+W

F13 Functions of the Secretary of State.E+W

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Textual Amendments

F1Ss. 1-5 repealed (1.4.2008 for specified purposes, 1.4.2009 for specified purposes, 1.4.2010 in so far as not already in force) by Offender Management Act 2007 (c. 21), s. 41(1), Sch. 5 Pt. 1; S.I. 2008/504, art. 4(1)(m)(i)(2); S.I. 2009/547, art. 2(1)(m)(i)(2); S.I. 2010/191, art. 2(13)(a)

F14 Local probation boards.E+W

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Textual Amendments

F1Ss. 1-5 repealed (1.4.2008 for specified purposes, 1.4.2009 for specified purposes, 1.4.2010 in so far as not already in force) by Offender Management Act 2007 (c. 21), s. 41(1), Sch. 5 Pt. 1; S.I. 2008/504, art. 4(1)(m)(i)(2); S.I. 2009/547, art. 2(1)(m)(i)(2); S.I. 2010/191, art. 2(13)(a)

F15 Functions of local probation boards.E+W

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Textual Amendments

F1Ss. 1-5 repealed (1.4.2008 for specified purposes, 1.4.2009 for specified purposes, 1.4.2010 in so far as not already in force) by Offender Management Act 2007 (c. 21), s. 41(1), Sch. 5 Pt. 1; S.I. 2008/504, art. 4(1)(m)(i)(2); S.I. 2009/547, art. 2(1)(m)(i)(2); S.I. 2010/191, art. 2(13)(a)

[F25ALocal probation boards and service justiceE+W

(1)A local probation board may, in pursuance of arrangements made with the Secretary of State, carry out activities anywhere in the world in relation to persons who are or have been subject to proceedings before the Court Martial, the Summary Appeal Court or the Service Civilian Court.

(2)Any activities carried out in relation to such persons must correspond to activities which the board is required or authorised to carry out in relation to persons who have been charged with or convicted of criminal offences.]

Textual Amendments

F2S. 5A substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 327, 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C1S. 5A modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 47

C2S. 5A(1) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 187

6 The inspectorate.E+W

(1)The inspectorate, and the office of chief inspector, established under section 23 of the M1Probation Service Act 1993 (inspectorate of probation) shall continue in being, F3...

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The power to appoint a person to be chief inspector or one of the other members of the inspectorate is exercisable by the Secretary of State.

(3)The Secretary of State may determine—

(a)the number of members of the inspectorate,

(b)the remuneration, allowances or other amounts to be paid by him to or in respect of the members of the inspectorate.

(4)Below in this Chapter—

(a)references to the chief inspector are to Her Majesty’s Chief Inspector of [F4Probation] for England and Wales,

(b)references to the members of the inspectorate are to the chief inspector and the other members of Her Majesty’s Inspectorate of [F4Probation] for England and Wales.

Textual Amendments

Marginal Citations

7 Functions of inspectorate.E+W

(1)The chief inspector must secure that the provision made in pursuance of arrangements made by [F5the Secretary of State under section 3 of the Offender Management Act 2007 (power to make arrangements for the provision of probation services)] is inspected by a member of the inspectorate.

(2)The Secretary of State may direct the members of the inspectorate to assess the provision made by reference to criteria specified in directions.

(3)A report of an inspection under subsection (1) must be sent to the Secretary of State.

(4)The Secretary of State may give directions as to—

(a)the information to be given in the report and the form in which it is to be given,

(b)the time by which the report is to be given.

(5)The Secretary of State must lay a copy of the report before each House of Parliament.

(6)The Secretary of State may give directions, in connection with the purposes mentioned in section 1 [F6of the Offender Management Act 2007] or any related purposes, conferring further functions on the chief inspector and the other members of the inspectorate.

[F7(7)Schedule 1A (which makes further provision about the inspectorate) has effect.]

Textual Amendments

F5Words in s. 7(1) substituted (1.4.2008 for specified purposes, 1.4.2009 for specified purposes, 1.4.2010 in so far as not already in force) by Offender Management Act 2007 (c. 21), ss. 12(3)(a), 41(1); S.I. 2008/504, art. 4(1)(j)(2); S.I. 2009/547, art. 2(1)(j)(2); S.I. 2010/191, art. 2(10)

F6Words in s. 7(6) inserted (1.4.2008 for specified purposes, 1.4.2009 for specified purposes, 1.4.2010 in so far as not already in force) by Offender Management Act 2007 (c. 21), ss. 12(3)(b), 41(1); S.I. 2008/504, art. 4(1)(j)(2); S.I. 2009/547, art. 2(1)(j)(2); S.I. 2010/191, art. 2(10)