The Probation Board (Northern Ireland) Order 1982

Miscellaneous N.I.

[F1 F2 Powers of inspection N.I.

14.— (1) An inspector may, with the approval of the Secretary of State, at any time carry out an inspection of the exercise by the Board and the members of the staff of the Board of their functions under this Order and any other statutory provision, or such of those functions as the Secretary of State may direct.

(2) Where an inspector is carrying out an inspection under paragraph (1), the Board and the members of the staff of the Board shall—

(a) furnish the inspector with, and permit him to inspect, such accounts, books, records, documents and papers of the Board as the inspector may reasonably require and give the inspector such explanation of them as he may reasonably require;

(b) furnish the inspector with such other information with respect to the Board's property and activities as the inspector may reasonably require.

(3) Where an organisation or person has entered into arrangements with the Board under Article 4(2)(d), that organisation or person and the officers and employees of that organisation or person shall—

(a) furnish an inspector with, and permit him to inspect and make copies of, such accounts, books, records, documents and papers of that organisation or person relating to those arrangements as the inspector may reasonably require for the purposes of an inspection under paragraph (1) and give the inspector such explanation of them as he may reasonably require;

(b) furnish an inspector with such other information with respect to the carrying out of those arrangements by that organisation or person as he may reasonably require for the purposes of such an inspection.

(4) On the conclusion of an inspection under paragraph (1), an inspector shall make a report to the Secretary of State who may, if he thinks fit, publish that report in such form as he thinks fit.

(5) An inspector may at any reasonable time and whether in the course of an inspection under paragraph (1) or not—

(a) enter (on production if required of his credentials) and inspect any relevant establishment;

(b) make such investigation as he thinks fit of the management of that establishment and of the treatment of persons residing, working or otherwise present in that establishment.

(6) Any person who obstructs an inspector in the exercise of his powers under this Article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(7) The expenses incurred by an inspector under this Article shall be defrayed by the Secretary of State.

(8) In this Article and Article 15(1)—

• “inspector” means a person appointed by the Secretary of State for the purposes of this Article;

• “relevant establishment” means—

  (a)

  a probation hostel;

  (b)

  a bail hostel;

  (c)

  any other establishment provided by the Board under Article 4;

  (d)

  any establishment in respect of which arrangements have been entered into by the Board under Article 4(2)(d);

  (e)

  any other place where schemes mentioned in Article 4(2)(c) or (d)(ii) are given effect.]

F1 1991 NI 16

F2 prosp. rep. by 2002 c. 26

[F3 “Duties of probation officers” N.I.

14A.   It shall be the duty of probation officers—

(a) to supervise the persons placed under their supervision and to advise, assist and befriend those persons;

(b) to enquire in accordance with any direction of the court into the circumstances or home surroundings of any person with a view to assisting the court in determining the most suitable method of dealing with him; and

(c) to perform such other duties as may be prescribed or imposed by or under any statutory provision or as the Probation Board may direct.]

F3 1996 NI 24

Rules and regulations N.I.

15.— [F4 (1) The Secretary of State may make rules—

(a) for the regulation and management of relevant establishments;F5 and

F5 (b) for the regulation of an inspection under Article 14(1) and of the exercise (otherwise than in the course of such an inspection) of the powers of an inspector under Article 14(5)]

(2) Rules and regulations made under this Order by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946F6 shall apply accordingly.

F4 1991 NI 16

F5 prosp. rep. by 2002 c. 26

F6 1946 c. 36.

Power to facilitate the coming into operation of this Order N.I.

16.  Without prejudice to the provisions of section 16 of the Interpretation Act (Northern Ireland) 1954, the Secretary of State and the Treasury may exercise and the Secretary of State may authorise or require the Board or other persons to exercise during the period before the day on which the whole of this Order has been brought into operation any functions which will, from that day, be exercisable under the provisions of this Order in so far as the exercise of those functions during that period is, in the opinion of the Secretary of State or the Treasury as the case may be, necessary or expedient for securing that the various provisions of this Order may be effective from the days provided for their coming into operation and for preventing difficulties in the operation of this Order after those days.

Minor and consequential amendments and repeals N.I.

• 17.  Para.(1)—Amendments

• Para.(2)—Repeals