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Criminal Justice and Court Services Act 2000

Section 10: Default powers

62.Section 10 gives the Secretary of State the power to make a management order which can modify the composition of a local probation board by―

  • removing any or all of the chair, the chief officer and other board members;

  • replacing them in accordance with an alternative arrangement, i.e. a contract made with a private, voluntary or public sector organisation.

63.Although the composition of the board would change in such circumstances, the board as a legal entity would remain the same with all its duties and responsibilities under the Act.

64.It is intended that this power would only be used as a last resort where the Secretary of State concluded that a board is failing to perform its functions to a satisfactory standard, or where the board had made arrangements which did not offer good value for money, and the normal processes of performance management had been unable to achieve the required improvement.

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