The Probation (Amendment) Rules 1992

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Probation Rules 1984 to make further provision in connection with the cash limit system introduced by section 94 of the Criminal Justice Act 1991 (c. 53) which is to apply to expenditure on the probation service from 1st April 1992. They also make amendments to reflect the combination of the petty sessions areas of inner London and the City of London into the one probation area, the inner London probation area, constituted by the Inner London Probation Area Order 1992 (S.I. 1992/348) and in connection with senior appointments and payments to landlords.

Rule 2 and paragraph 2 of the Schedule amend all references in the 1984 Rules to the “inner London area” to references to the “inner London probation area”. Paragraphs 3 to 7 take account of the fact that once the City of London has been combined in the inner London probation area, all probation areas in England and Wales will be constituted by more than one petty sessions area.

Paragraph 8 makes changes in connection with senior appointments. It removes the requirement that the Secretary of State approve the appointments of Senior and Assistant Chief Probation Officers and widens the information required by him regarding appointments of Assistant Chief Probation Officers. Paragraph 9 amends rule 41 to remove the limit on the maximum payments which a committee can make to a landlord.

Paragraph 10 builds on the system of budgets and estimates for probation committees introduced in the Probation (Amendment) Rules 1991 (S.I. 1991/2035) to reflect the new cash limit system. The new rule 50A replaces the existing rules 50 and 50A and extends its provisions in part to cover the new probation committee for the inner London probation area. The new rule 50B applies to a probation committee whose specified expenditure (as defined in rule 50) in any year is less than its estimate for that expenditure (adjusted to reflect any underspend in the previous year) and the amount determined by the Secretary of State under section 51(3A)(b) of the Powers of Criminal Courts Act 1973. This rule enables the committee to incur some additional specified expenditure in the following financial year, without the need for a supplementary estimate. The new rule 50C provides that, with the approval of a committee’s paying authority, specified expenditure above the amount determined by the Secretary of State may be incurred. Where such approval has been obtained, supplementary estimates are not required for proposed specified expenditure up to the higher amount.

These Rules come into force on 1st April 1992.