Criminal Justice and Court Services Act 2000

Part IE+W The New Services

Chapter IE+W National Probation Service for England and Wales

IntroductionE+W

F11 Purposes of the Chapter.E+W

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F12 Aims of the Service.E+W

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FunctionsE+W

F13 Functions of the Secretary of State.E+W

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F14 Local probation boards.E+W

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F15 Functions of local probation boards.E+W

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[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.]

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.

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.]

MiscellaneousE+W

F88 Support services.E+W

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F89 Approved premises.E+W

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F810 Default powers.E+W

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Chapter IIE+W Children and Family Court Advisory and Support Service

11 Establishment of the Service.E+W

(1)There shall be a body corporate to be known as the Children and Family Court Advisory and Support Service (referred to in this Part as the Service) which is to exercise the functions conferred on it by virtue of this Act and any other enactment.

(2)Schedule 2 (which makes provision about the constitution of the Service, its powers and other matters relating to it) is to have effect.

(3)References in this Act or any other enactment to an officer of the Service are references to—

(a)any member of the staff of the Service appointed under paragraph 5(1)(a) of that Schedule, and

(b)any other individual exercising functions of an officer of the Service by virtue of section 13(2) or (4).

12 Principal functions of the Service.E+W

(1)In respect of family proceedings in which the welfare of children [F9other than children ordinarily resident in Wales] is or may be in question, it is a function of the Service to—

(a)safeguard and promote the welfare of the children,

(b)give advice to any court about any application made to it in such proceedings,

(c)make provision for the children to be represented in such proceedings,

(d)provide information, advice and other support for the children and their families.

(2)The Service must also make provision for the performance of any functions conferred on officers of the Service by virtue of this Act or any other enactment (whether or not they are exercisable for the purposes of the functions conferred on the Service by subsection (1)).

(3)Regulations may provide for grants to be paid by the Service to any person for the purpose of furthering the performance of any of the Service’s functions.

(4)The regulations may provide for the grants to be paid on conditions, including conditions—

(a)regulating the purposes for which the grant or any part of it may be used,

(b)requiring repayment to the Service in specified circumstances.

(5)In this section, “family proceedings” has the same meaning as in the M2Matrimonial and Family Proceedings Act 1984 and also includes any other proceedings which are family proceedings for the purposes of the M3Children Act 1989, but—

(a)references to family proceedings include (where the context allows) family proceedings which are proposed or have been concluded, [F10and]

F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13 Other powers of the Service.E+W

(1)The Service may make arrangements with organisations under which the organisations perform functions of the Service on its behalf.

(2)Arrangements under subsection (1) may provide for the organisations to designate individuals who may perform functions of officers of the Service.

(3)But the Service may only make an arrangement under subsection (1) if it is of the opinion—

(a)that the functions in question will be performed efficiently and to the required standard, and

(b)that the arrangement represents good value for money.

(4)The Service may make arrangements with individuals under which they may perform functions of officers of the Service.

(5)The Service may commission, or assist the conduct of, research by any person into matters concerned with the exercise of its functions.

14 Provision of staff or services to other organisations.E+W

(1)The Service may make arrangements with an organisation or individual under which staff of the Service may work for the organisation or individual.

(2)The Service may make arrangements with an organisation or individual under which any services provided to the Service by its staff are also made available to the organisation or individual.

(3)The Service may charge for anything done under arrangements under this section.

15 Right to conduct litigation and right of audience.E+W

(1)The Service may authorise an officer of the Service of a prescribed description—

(a)to conduct litigation in relation to any proceedings in any court,

(b)to exercise a right of audience in any proceedings before any court,

in the exercise of his functions.

(2)An officer of the Service exercising a right to conduct litigation by virtue of subsection (1)(a) who would otherwise have such a right by virtue of [F11the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to that activity] is to be treated as having acquired that right solely by virtue of this section.

(3)An officer of the Service exercising a right of audience by virtue of subsection (1)(b) who would otherwise have such a right by virtue of [F12the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to that activity] is to be treated as having acquired that right solely by virtue of this section.

(4)In this section and section 16, “right to conduct litigation” and “right of audience” have the same meanings as in section 119 of the M4Courts and Legal Services Act 1990.

16 Cross-examination of officers of the Service.E+W

(1)An officer of the Service may, subject to rules of court, be cross-examined in any proceedings to the same extent as any witness.

(2)But an officer of the Service may not be cross-examined merely because he is exercising a right to conduct litigation or a right of audience granted in accordance with section 15.

F1317 Inspection.E+W

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Chapter IIIE+W General

Property and staffE+W

18 Definitions.E+W

(1)This section applies for the purposes of sections 19 to 21 and Schedule 3.

(2)“Eligible employee” means—

(a)in relation to a local authority or the Official Solicitor or the Receiver for the Metropolitan Police District, a person who is employed under a contract of employment with the authority, the solicitor or the receiver on work which would have continued but for this Part,

F14(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)“New employer” means F15... the Service.

(4)“Old employer” means a local authority, F16..., the Official Solicitor or the Receiver for the Metropolitan Police District.

(5)“Property” includes rights and interests of any description, other than—

(a)those under a contract of employment,

(b)land, in the case of transfers to a local board.

19 Property.E+W

(1)The [F17Secretary of State] may by order make a scheme—

(a)for the transfer to the [F17Secretary of State] or the Service of any property belonging to the old employer,

(b)for the transfer to the [F17Secretary of State] or the Service of any liabilities to which the old employer is subject,

(c)for the transfer of property or liabilities to a new employer after an initial transfer to the [F17Secretary of State] under paragraph (a) or (b),

(d)for the Service to have any rights or interests which the [F17Secretary of State] considers appropriate in relation to any property transferred to the [F17Secretary of State] under the scheme.

(2)Stamp duty is not chargeable in respect of any transfer or grant to the Service effected by virtue of this section.

(3)No instrument made or executed under or in pursuance of the scheme for the purposes of such a transfer or grant is to be treated as duly stamped unless—

(a)it is stamped with the duty to which it would, but for this section, be liable, or

(b)it has, in accordance with the provisions of section 12 of the M5Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.

(4)Schedule 3 (contents of schemes) applies in relation to a scheme under this section.

[F18(5)For the purposes of stamp duty land tax, a land transaction effected by virtue of this section, under which the purchaser is the Service, is exempt from charge.

(6)Relief under subsection (5) must be claimed in a land transaction return or an amendment of such a return.

(7)In this section—

• “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;

• “land transaction return” has the meaning given by section 76(1) of that Act;

• “purchaser” has the same meaning as in Part 4 of that Act.]

20 Transfer of staff.E+W

(1)The [F19Secretary of State] may by order make a scheme for the transfer to a new employer of any eligible employee.

F20(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A scheme may apply—

(a)to all, or any description of, eligible employees or persons so employed, or

(b)to any individual eligible employee or person so employed.

(4)A scheme may be made only if any directions about consultation given by the [F19Secretary of State] have been complied with in relation to each of the eligible employees and chief probation officers to be transferred or appointed in pursuance of the scheme.

21 Effect of transfer of eligible employees.E+W

(1)The contract of employment of an employee transferred under a scheme—

(a)is not terminated by the transfer,

(b)has effect from the date of transfer as if originally made between the employee and the transferee.

(2)Where an employee is transferred under a scheme—

(a)all the rights, powers, duties and liabilities of the old employer under or in connection with the contract of employment are by virtue of this subsection transferred to the transferee on the date of transfer, and

(b)anything done before that date by or in relation to the old employer 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 subsection does not prejudice the generality of subsection (1).

(3)But if the employee informs the old employer or the transferee that he objects to the transfer—

(a)subsections (1) and (2) do not transfer his 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.

(4)An employee is not to be treated, for the purposes of the M6Employment Rights Act 1996, as having been dismissed by the old employer by reason of—

(a)the transfer of his contract of employment under a scheme, or

(b)the termination of his contract of employment by virtue of subsection (3).

F21(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)This section does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions.

(7)In this section—

• “date of transfer” means the date of transfer determined under the scheme in relation to the employee,

• “scheme” means a scheme made by virtue of section 20,

• “transferee” means the new employer to whom the employee is or would be transferred under the scheme.

F2222 Effect of transfer of chief probation officers.E+W

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23 Transfer of staff in consequence of arrangements under Part I.E+W

(1)This section applies where, by reason of the implementation or termination of any arrangements under section 5, 8 or 13, any functions exercisable by any person (the “old employer”) become exercisable by another person (whether on behalf, or instead, of the old employer).

(2)The [F23Secretary of State] may by order make a scheme for the transfer to the other person (the “transferee”) of any person (an “eligible employee”) employed under a contract of employment with the transferor on work which would have continued but for the implementation or termination of the arrangements.

(3)A scheme may apply—

(a)to all, or any description of, eligible employees, or

(b)to any individual eligible employee.

(4)A scheme may be made only if any directions about consultation given by the [F23Secretary of State] have been complied with in relation to each of the eligible employees to be transferred in pursuance of the scheme.

(5)Section 21 (except subsection (5) and the definitions of “scheme” and “transferee”) applies to a scheme made by virtue of this section as it applies to a scheme made by virtue of section 20, and as if “old employer” and “transferee” had the same meanings as in this section.

Provision for the protection of childrenE+W

F2424 Provision for the protection of children.E+W

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InterpretationE+W

25 Interpretation of Part I.E+W

In this Part—

• F25...

• F26...

• “by virtue of” includes by or under,

• “organisation” includes a public body and a private or voluntary organisation,

• “prescribed” means prescribed by regulations,

• “regulations” means—

  (a)

  [F27in the case of regulations under section 15, regulations made by the Lord Chancellor, and]

  (b)

  [F27in any other case, regulations made by the Secretary of State.]