Probation Service Act 1993 (repealed)

Probation committee expenditure E+W

17 Probation committee expenditure: general. E+W

(1) The qualifying expenses of probation committees shall, subject to subsections (4) [F1 (5) and (5A)], be paid out of the metropolitan police fund or defrayed by local authorities in accordance with sections 18 and 19.

(2) In this Act any reference to the qualifying expenses of a probation committee is a reference to any expenses incurred by them in the performance of their functions other than any expenses incurred by them in providing and carrying on bail hostels and probation hostels.

(3) Without prejudice to the generality of subsection (2), the expenses falling within that subsection include—

(a) the payment of allowances due under paragraph 10 of Schedule 1; and

(b) any expenses incurred by the committee in respect of superannuation allowances, gratuities or compensation payable by virtue of regulations under section 7 of the M1 Superannuation Act 1972 to or in respect of probation officers and clerks appointed to assist them.

(4) Nothing in section 18 or 19 requires—

(a) there to be paid out of the metropolitan police fund any sums which would cause the expenditure under this Act out of that fund in any year to exceed the amount which, in relation to that expenditure and that year, is the relevant amount for that fund; or

(b) any local authority to defray any sums which would cause its expenditure under this Act in any year to exceed the amount which, in relation to that expenditure and that year, is the relevant amount for that authority.

(5) In subsection (4) the “relevant amount”, for any year, is the amount which, in relation to expenditure out of the metropolitan police fund or expenditure of any local authority, is for the time being determined for that year by the Secretary of State under section 21(1)(b).

[F2 (5A) Nothing in sections 18 or 19 requires there to be paid out of the metropolitan police fund or defrayed by a local authority any expenses of a probation committee which are defrayed by the Secretary of State under section 3(6) of the Criminal Justice and Public Order Act 1994.]

(6) References in this section to a local authority do not include a reference to the Receiver.

Textual Amendments

F1 Words in s. 17(1) substituted (1.3.1998) by 1994 c. 33, s. 168(2), Sch. 10 para. 73(a); S.I 1998/277, art. 3(2)

F2 S. 17(5A) inserted (1.3.1998) by 1994 c. 33, s. 168(2), Sch. 10 para. 73(b); S.I. 1998/277, art. 3(2)

Marginal Citations

M1 1972 c. 11.

18 Expenditure of the inner London probation committee. E+W

(1) Such sums as the Secretary of State may direct to meet the qualifying expenses of the probation committee for the inner London probation area—

(a) shall be partly paid out of the metropolitan police fund and partly defrayed by any responsible authority for the inner London probation area (other than the Receiver); and

(b) shall be paid or defrayed in such proportions as may be agreed between the Receiver and the other responsible authority or authorities or (in default of agreement) determined by the Secretary of State.

(2) [F3 Unless] the inner London probation area [F3 includes any petty sessions area not falling wholly or partly within] the inner London area, the sums mentioned in subsection (1) shall be paid out of the metropolitan police fund.

Textual Amendments

F3 Words in s. 18(2) substituted (27.9.1999) by 1999 c. 22, ss. 76, 108, Sch. 10 paras. 41, 43 (with s. 107, Sch. 14 para. 7(2))

19 Expenditure of probation committees outside inner London. E+W

(1) The sums required to meet the qualifying expenses of a probation committee (other than the committee for the inner London probation area) shall be defrayed, in accordance with rules made under this Act, by the responsible authority or authorities for that area.

(2) Where there are two or more responsible authorities for a probation area, the sums to be defrayed shall be apportioned between those authorities—

(a) where all or any of them are councils of metropolitan districts or outer London boroughs, in proportion to the populations of their respective areas; and

(b) in any other case, in such manner as may be agreed between them or (in default of agreement) determined by the Secretary of State.