Probation Service Act 1993

SCHEDULES

Sections 3 and 12.

SCHEDULE 1 Probation committees and probation liaison committees

Membership of probation committees

1 (1) The probation committee for the inner London probation area shall consist of—

(a) the specified number of metropolitan stipendiary magistrates, nominated by the chief metropolitan stipendiary magistrate;

(b) the specified number of justices (not being metropolitan stipendiary magistrates), chosen in such manner as may be specified by such of the justices acting for the petty sessions areas of the inner London probation area as are not metropolitan stipendiary magistrates;

(c) the specified number of members of the youth courts panel for the inner London area and the City of London, chosen in such manner as may be specified.

(2) The probation committee for any other probation area constituted by an order under section 2 shall consist of the specified number of justices, chosen by the justices acting for the petty sessions areas comprised in that area in such manner as may be specified.

(3) In this paragraph “specified” means specified in an order under section 2 constituting the probation area in question.

2 The probation committee for a probation area which is one petty sessions area shall consist of the prescribed number of justices chosen by the justices acting for that petty sessions area in the prescribed manner.

3 (1) The Lord Chancellor may, if he thinks fit, appoint one or more judges of the Crown Court (being judges of the High Court, Circuit judges or Recorders) to be members of the probation committee for any area.

(2) A person appointed under this paragraph shall hold office in accordance with the terms of his appointment.

Membership of probation liaison committees

4 (1) A probation liaison committee for any petty sessions area outside the inner London probation area shall consist—

(a) if that area is a probation area, of the probation committee; or

(b) in any other case, of not less than three justices chosen by the justices acting for that area.

(2) A joint probation liaison committee established under section 12(3) shall consist of not less than three justices chosen by the justices acting for each of the petty sessions areas.

5 A probation liaison committee appointed for any area in the inner London probation area shall be constituted in such manner as the probation committee for the inner London probation area may determine.

Co-option of members of committees

6 (1) Any probation committee and any probation liaison committee (not being itself a probation committee) may under this paragraph co-opt such number of persons, not exceeding one-third of the number of members of the committee, as they think fit.

(2) This paragraph does not apply to any probation liaison committee for an area within the inner London probation area.

(3) No person who is a justice of the peace for any county in which the probation area or any part of it is situated or which is wholly or partly comprised in that area may be co-opted under this paragraph.

(4) The reference in sub-paragraph (3) to a county includes a reference to any London commission area (within the meaning of the Justices of the [1979 c. 55.] Peace Act 1979) or the City of London.

7 A probation committee may also co-opt one or more justices with experience of sitting as members of the Crown Court and one or more stipendiary magistrates appointed in a commission area which is the same as or is situated within the probation area.

8 (1) The Secretary of State may by order provide that the probation committee for any probation area shall co-opt members of the responsible authority, or any of the responsible authorities, for that area.

(2) The order may contain such consequential, supplementary or transitional provision as appears to the Secretary of State to be necessary or expedient in consequence of the order, including provision for such repeals in or modifications of this Act as appear to him to be necessary or expedient in consequence of it.

(3) Without prejudice to the generality of sub-paragraph (2), the order—

(a) may specify, either as a number or as a proportion of the members of the committee, how many persons may be co-opted to a committee and, where there are two or more responsible authorities for a probation area, how many persons may be co-opted from each of them;

(b) may provide for the procedure for co-opting persons to be followed by a committee;

(c) may require specified consultations to be carried out before persons are co-opted; and

(d) may disqualify persons of specified descriptions from being co-opted.

(4) An order under this paragraph may make different provision for different committees.

9 (1) The probation committee for any probation area which is situated in the areas of two or more local authorities all or any of which are councils of metropolitan districts or outer London boroughs shall co-opt—

(a) one member from among the members of each responsible authority for that probation area; or

(b) such greater numbers of members as may be specified for any such authority by an order made by the Secretary of State;

and the member or members to be co-opted shall be chosen by the committee after consultation with those authorities in such manner as the Secretary of State may by order direct.

(2) A probation committee shall not co-opt any person under this paragraph who is an employee of that committee.

(3) The number of members of a committee co-opted under this paragraph together with any members co-opted or appointed under paragraph 6 shall not exceed one-third of the number of members of the committee.

Allowances payable to members

10 (1) A member of a probation committee or probation liaison committee is entitled to receive—

(a) payments by way of travelling allowance where expenditure on travelling is necessarily incurred by him for the purpose of enabling him to perform any of his duties as a member,

(b) payments by way of subsistence allowance where expenditure on subsistence is necessarily incurred by him for that purpose,

(c) payments by way of financial loss allowance where for that purpose he incurs any other expenditure to which he would not otherwise be subject or suffers any loss of earnings or of benefit under the enactments relating to social security which he would otherwise have made or received,

at rates determined by the Secretary of State with the approval of the Treasury.

(2) This paragraph does not apply in relation to a member of a probation liaison committee for an area within the inner London probation area.

11 Without prejudice to the generality of section 25, rules under that section may make provision as to the manner in which paragraph 10 is to be administered and in particular may make provision for—

(a) prescribing the forms to be used and the particulars to be provided for the purpose of claiming payment of the allowances under that paragraph; and

(b) for avoiding duplication between payments under that paragraph and under any other arrangements where expenditure is incurred for more than one purpose, and otherwise for preventing abuses.

Section 32.

SCHEDULE 2 Transitional Provisions

Continuity of the Law

1 The substitution of this Act for the enactments repealed by this Act does not affect the continuity of the law.

2 Anything done (including subordinate legislation made) or having effect as done, under a provision reproduced in this Act shall have effect as if done under the corresponding provision of this Act.

3 References (express or implied) in this Act or any other enactment, instrument or document to a provision of this Act shall, so far as the context permits, be construed as including, in relation to times, circumstances and purposes before the commencement of this Act, as being, or as the case may require including, a reference to corresponding earlier provisions.

4 A reference (express or implied) in any enactment, instrument or other document to a provision reproduced in this Act shall (subject to any express amendment made by this Act) be construed, so far as is required for continuing its effect, as being or as the case may require as including a reference to the corresponding provision of this Act.

General saving for old transitional provisions and savings

5 (1) The repeal by this Act of a transitional provision or saving relating to the coming into force of a provision reproduced in this Act does not affect the operation of the transitional provision or saving, in so far as it is not specifically reproduced in this Act but remains capable of having effect in relation to the corresponding provision of this Act.

(2) The repeal by this Act of a saving on the previous repeal of an enactment does not affect the operation of the saving so far as it is not specifically reproduced in this Act but remains capable of having effect.

Things done by probation committees before incorporation

6 The repeal of paragraph 2(5) of Schedule 3 to the [1973 c. 62.] Powers of Criminal Courts Act 1973 (contracts made or other things done by a probation committee before incorporation by virtue of the Justices of the Peace Act 1949) does not affect any property, rights or liabilities in relation to which it (or the corresponding provision of that Act of 1949) had effect.

Employees of probation committees

7 The repeal of paragraph 3(4) of Schedule 3 to the Powers of Criminal Courts Act 1973 (employees of probation committee to be treated for certain purposes as if they were employees of justices) does not affect any provision to which it applied immediately before the commencement of this Act.

Section 32.

SCHEDULE 3 Consequential Amendments

Adaptation of expressions relating to probation service

1 In any enactments amended by section 65(1) of the [1982 c. 48.] Criminal Justice Act 1982 (probation and after-care) which are not repealed by this Act, the designations “probation area”, “probation committee” and “probation service” shall continue to be substituted for the previous designations, notwithstanding the repeal by this Act of that section.

Metropolitan Magistrates' Courts Act 1959 (c. 45)

2 (1) The Metropolitan Magistrates' Courts Act 1959 shall be amended as follows.

(2) In section 3 (power of Receiver for the Metropolitan Police District to provide premises for probation purposes)—

(a) in subsection (1), for the words “inner London area”, in the first place they appear, there shall be substituted the words “inner London probation area”;

(b) in subsection (2), for the words from “subsection (3)” to the end there shall be substituted the words “section 20(2)(a) of the Probation Service Act 1993 (grants by the Secretary of State towards expenditure out of the metropolitan police fund under that Act) shall have effect as if the reference in subsection (1)(a) to the said Act included a reference to this section.”

(3) In section 4(2) (maximum permitted security for borrowing powers of Receiver), for the words “inner London area” in the second place they appear there shall be substituted the words “inner London probation area”.

Children and Young Persons Act 1969 (c. 54)

3 (1) The Children and Young Persons Act 1969 shall be amended as follows.

(2) In section 13 (selection of supervisor)—

(a) in subsection (2), for the words from “on probation officers” to the end there shall be substituted the words “on probation officers by section 14, or by rules under section 25(1)(c), of the Probation Service Act 1993”;

(b) in subsection (3), for the words “made by” to the end there shall be substituted the words “made under section 4(1)(d) of the Probation Service Act 1993 (arrangements made by probation committee)”.

(3) In section 46 (discontinuance of certain institutions), in subsection (1), for the words from “or approved probation home” to “1973” there shall be substituted the words “within the meaning of the Probation Service Act 1993”.

(4) In Schedule 3 (approved schools etc.)—

(a) in paragraphs 6(1) and 9(2), for the words “section 51 of the Powers of Criminal Courts Act 1973” there shall be substituted the words “section 20 of the Probation Service Act 1993”;

(b) in paragraph 9(4), for the words “Schedule 3 to the Powers of Criminal Courts Act 1973” there shall be substituted the words “the Probation Service Act 1993”;

(c) in paragraph 10(4), after the word “1973” there shall be inserted the words “or under section 20 of the Probation Service Act 1993”.

Local Government Act 1972 (c. 70)

4 In paragraph 2(b) of Schedule 12A to the Local Government Act 1972 (exempt information), for the words from “appointed” to “1973” there shall be substituted the words “within the meaning of the Probation Service Act 1993”.

Juries Act 1974 (c. 23)

5 In group B of Part I of Schedule 1 to the Juries Act 1974 (ineligible persons connected with administration of justice), for the words “Powers of Criminal Courts Act 1973” there shall be substituted the words “Probation Service Act 1993”.

Local Government Finance Act 1982 (c. 32)

6 In paragraph (l) of section 12(2) of the Local Government Finance Act 1982 (bodies whose accounts are subject to audit), for the words “inner London area” there shall be substituted the words “inner London probation area”.

Mental Health Act 1983 (c. 20)

7 In subsection (3)(e) of section 134 of the Mental Health Act 1983 (correspondence of patients), for the words from “probation” to “1973” there shall be substituted the words “probation committee (within the meaning of the Probation Service Act 1993);”.

Local Government Act 1988 (c. 9)

8 In Schedule 2 to the Local Government Act 1988 (bodies which are public authorities for purposes of provisions relating to public supply or works contracts), for the entry relating to probation committees there shall be substituted the following entry— “A probation committee (within the meaning of the Probation Service Act 1993).

Children Act 1989 (c. 41)

9 (1) The Children Act 1989 shall be amended as follows.

(2) In section 58 (compensation on cessation etc. of community home), in subsection (4)(b), after the words “section 51(3)(c) of the Powers of Criminal Courts Act 1973” there shall be inserted the words “or section 20(1)(c) of the Probation Service Act 1993”.

(3) In Schedule 3 (supervision orders), in paragraph 9(2)(b) for the words following “probation officers” there shall be substituted the words “by section 14, or by rules under section 25(2)(c), of the Probation Service Act 1993.”

Criminal Justice Act 1991 (c. 53)

10 In subsection (1)(d) of section 15 of the Criminal Justice Act 1991 (regulation of community orders), for the words “paragraphs (a) to (c)” there shall be substituted the words “paragraph (c)” and for the words “those paragraphs” there shall be substituted the words “that paragraph”.

Section 32.

SCHEDULE 4 Repeals

Chapter	Short title	Extent of repeal
1971 c. 23.	Courts Act 1971.	In section 53, in subsection (6), the words “subsection (2)” and “probation and after care committee” and, in subsection (7), paragraph (a).
1973 c. 62.	Powers of Criminal Courts Act 1973.	Section 47.
		Section 49.
		In section 51, in subsection (1), paragraph (a) and subsections (2) to (8).
		In section 54, in subsection (3), the words “to rules under section 49 of this Act nor” and “or paragraph 1 of Schedule 3 to” and, in subsection (4), the words from “and an order” to the end.
		Schedule 3.
		In Schedule 4, paragraph 2.
		In Schedule 5, paragraphs 10, 14, 35, 36, 37, 38 and 41.
1974 c. 23.	Juries Act 1974.	In Schedule 1, in Group B of Part I, the words “probation home”.
1977 c. 45.	Criminal Law Act 1977.	In Schedule 12, in the entry relating to the Powers of Criminal Courts Act 1973, paragraphs 6, 7, 8, 9 and 11.
1982 c. 48.	Criminal Justice Act 1982.	Section 65.
		Schedule 11.
		In Schedule 17, paragraphs 16 and 17.
1985 c. 51.	Local Government Act 1985.	Section 15.
1988 c. 33.	Criminal Justice Act 1988.	Section 132.
		Schedule 11.
		In Schedule 15, paragraphs 42 and 105.
1989 c. 41.	Children Act 1989.	In Schedule 13, paragraph 34.
1991 c. 53.	Criminal Justice Act 1991.	In section 15, in subsection (1), paragraphs (a) and (b), subsection (2) and subsection (4).
		Sections 73 to 75.
		Section 94.
		Sections 96 and 97.
		In section 98(a), the words from “or payments” to the end.
		In Schedule 11, paragraph 17.

TABLE OF DERIVATIONS

Notes:

This table shows the derivation of the provisions of the consolidation.

2 The following abbreviations are used in the Table—

1969	= Children and Young Persons Act 1969 (c. 41)
1973	= Powers of Criminal Courts Act 1973 (c. 62)
1977	= Criminal Law Act 1977 (c. 45)
1982	= Criminal Justice Act 1982 (c. 48)
1985	= Local Government Act 1985 (c. 51)
1988	= Criminal Justice Act 1988 (c. 33)
1991	= Criminal Justice Act 1991 (c. 53)

3 The abbreviation “Law Com. R” followed by a number refers the recommendation of that number in the Report of the Law Commission (Cm. 2256).

4 The Table does not show the derivation of references in the consolidation to the terms “probation area”, “probation committee” and “probation service” so far as they are derived from enactments amended by the Criminal Justice Act 1982. Section 65(1) of that Act substituted references to those terms for references to the terms “probation and after-care area”, “probation and after-care committee” and “probation and after-care service”, respectively.

Provision	Derivation
1	1973 Sch. 3 para. 1(5); drafting.
2(1)	1973 Sch. 3 para. 1(1).
(2)	1973 Sch. 3 para. 1(2).
(3)	1973 Sch. 3 para. 1(3); 1991 s. 75(2).
(4)	1973 Sch. 3 para. 1(1).
(5)	1973 Sch. 3 para. 1(1); Law Com. R2.
(6)	Drafting.
3(1)	1973 Sch. 3 para. 2(1).
(2)	1973 Sch. 3 para. 2(1).
(3)	Drafting.
4(1)	1969 s. 13(3); 1973 Sch. 3 para. 3(1), (5), 9; 1977 Sch. 12 para. 11(2); 1991 s. 94(2)(a), (c).
(2)	1973 Sch. 3 para. 3(1)(a); 1991 s. 94(2)(a).
(3)	1973 Sch. 3 para. 3(1); 1991 s. 94(2)(a), (b); Law Com. R4.
(4)	1973 Sch. 3 para. 9.
(5)	1973 Sch. 3 para 3(1)(d).
5	1973 Sch. 3 para. 3(2A); 1982 Sch. 11 para. 6(a)(iii); 1988 Sch. 15 para. 42; Children Act 1989 (c. 41) Sch. 13 para. 34.
6(1)	1973 Sch. 3 para. 10(1); 1982 Sch. 11 para. 6(d)(i).
(2)	1973 Sch. 3 para. 10(3); 1988 Sch. 11 para. 5.
7	1973 Sch. 3 para. 11.
8(1)	1973 Sch. 3 para. 12(1).
(2)	1973 Sch. 3 paras. 3(2), 12(2); 1982 Sch. 11 para. 6(a)(ii).
9	1973 Sch. 3 para. 12A; 1991 s. 97.
10(1)	1973 Sch. 3 para. 17(1); 1985 s. 15(1); 1991 s. 75(6).
(2)	1973 Sch. 3 para. 17(1), (2).
(3)	1973 Sch. 3 para. 17(3); 1985 s. 15(1), (2).
11(1)	1991 s. 74(1), (2).
(2)	1991 s. 74(2).
(3)	1991 s.74(3).
12(1)	1973 Sch. 3 para. 4(1); 1982 Sch. 11 para. 6(b); 1991 s. 75(3).
(2)	1973 Sch. 3 para 4(3); 1982 Sch. 11 para. 6(b); 1991 s. 75(3).
(3)	1973 Sch. 3 para. 4(1A); 1982 Sch. 11 para. 6(b); 1988 Sch. 11 para. 2(b); 1991 s.75(3).
(4)	1973 Sch. 3 para. 5(1); 1982 Sch. 11 para. 6(b); 1991 s. 75(3).
(5)	Drafting.
13(1)	1973 Sch 3 para. 4(2); 1982 Sch. 11 para. 6(b); 1991 s.75(3).
(2)	1973 Sch. 3 para. 5(2); 1982 Sch. 11 para.6(b); 1991 s.75(3).
14	1973 Sch. 3 para. 8(1); 1991 Sch. 11 para. 17(2).
15	1973 Sch. 3 para. 18A; 1977 Sch. 12 para. 11(5).
16(1)	1973 Sch. 3 para. 14(1).
(2)	1973 Sch. 3 para 14(1); Law Com. R5.
17(1)	Drafting; 1973 Sch. 3 para. 15(1).
(2)	1973 Sch. 3 para. 15(1), (2); Law Com. R6.
(3)	1973 Sch. 3 para. 15(1).
(4), (5)	1973 Sch. 3 para. 16A; 1991 s. 94(3).
18(1)	1973 Sch. 3 para. 16(1) to (3); 1991 s. 75(5).
(2)	1973 Sch. 3 para. 16(1); 1991 s. 75(5).
19(1)	1973 Sch. 3 para. 15(1).
(2)	1973 Sch.3 para. 15(3); 1985 s. 15(1).
20(1)	1973 s. 51(3).
(2)	1973 s. 51(3); 1977 Sch. 12 para. 8; 1991 s. 96.
(3)	1973 s. 51(3).
(4)	Drafting.
21	1973 s. 51(3A); 1991 s. 94(1).
22(1)	1973 s. 51(6).
(2)	1973 s. 51(7).
(3)	1973 s. 51(4), (5); 1977 Sch. 12 para 8.
23(1), (2)	1991 s. 73(1), (2).
(3)	1991 s. 73(4).
24	1991 s. 73(3).
25(1)	1973 Sch. 3 para. 18(1); 1982 Sch. 11 para. 6(e); 1988 Sch. 11 paras. 1, 6; Law Com. R7.
(2)	1973 Sch. 3 para. 18(3); 1991 s.75(3).
26(1)	1991 s. 15(1)(a), (b).
(2)	1991 s. 15(1)(d), (3).
(3)	1991 s. 15(2).
27(1), (2)	1973 s. 49(1), (2); 1977 Sch. 12 para 6.
(3)	1982 Sch. 11 para. 1(b).
28(1), (2)	1973 Sch. 3 para. 3(3).
(3)	1973 Sch. 3 para. 4(4); 1988 Sch. 11 para. 2(c).
29(1)	Drafting; 1973 Sch. 3 para. 3(5); 1991 s. 94(2)(c); Law Com. R1.
(2)	1973 s. 57(1) (“local authority”); Law Com. R1.
(3)	Drafting; 1973 Sch. 3 para. 17(4); 1991 s. 75(6)(b); Law Com. R1.
30(1)	1973 s. 57(1) (definitions of “bail hostel” and “approved bail hostel”, “probation hostel” and “approved probation hostel”, “community service order”, and “probation order”); Sch. 3 para. 18(1) (“prescribed”), 19 (“inner London area” and “inner London probation area”); 1977 Sch. 12 para. 9; 1991 s. 75(7); drafting.
(2)	Drafting.
(3)	1985 s. 15(2).
31(1)	1973 s. 54(1); 1991 s. 74.
(2)	1973 s. 54(2), (3).
32	—
33(1)	—
(2)	—
(3)	1973 ss. 58, 59.
Sch. 1 para. 1(1)	1973 Sch. 3 para. 2(3); 1991 ss. 70, 75(3), (4).
(2)	1973 Sch. 3 para. 2(2)(a).
(3)	1973 Sch. 3 para. 2(2)(a).
para. 2	1973 Sch. 3 para. 2(2)(b).
para. 3(1)	1973 Sch. 3 para. 2(4).
(2)	1973 Sch. 3 para. 2(4).
para. 4(1)	1973 Sch. 3 para. 4(1); 1982 Sch. 11 para. 6(b); 1991 s. 75(3).
(2)	1973 Sch. 3 para. 4(1A); 1988 Sch. 11 para. 2(b).
para. 5	1973 Sch. 3 para. 5(1); 1982 Sch. 11 para. 6(b); 1991 s.75(3).
para. 6(1)	1973 Sch. 3 para. 6(1)(2); 1982 Sch. 11 para. 6(c).
(2).	1973 Sch. 3 para. 6(3); 1982 Sch. 11 para. 6(c); 1991 s.75(3).
(3)	1973 Sch. 3 para. 6(2).
(4)	1973 Sch. 3 para. 6(3).
para. 7	1973 Sch. 3 para. 6A; 1988 Sch. 11 para. 3.
para. 8	1973 Sch.3 para. 6B; 1988 Sch. 11 para. 3.
para. 9(1)	1985 s. 15(3).
(2)	1985 s. 15(4).
(3)	1985 s, 15(4); 1988 Sch. 15 para. 105.
para. 10(1)	1973 Sch. 3 para. 13(1); 1982 Sch.11 para. 6(e); Administration of Justice Act 1977 c. 38 Sch. 2 para.6; Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670).
(2)	1973 Sch. 3 para. 13(3); 1991 s.75(3).
para. 11	1973 Sch. 3 para. 18(2).
Sch. 2 paras. 1 – 5	—
para. 6	1973 Sch. 3 para. 2(5).
para. 7	1973 Sch. 3 para. 3(4).
Sch. 3	—
Sch. 4	—