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Explanatory Note

(This note is not part of the Order)

This Order brings into force Chapters I and II, and those sections of Chapter III which did not come into force on royal assent, of Part 1 of the Criminal Justice and Court Services Act 2000 on 1st April 2001. Those provisions establish the National Probation Service for England and Wales and the Children and Family Court Advisory and Support Service and make other provisions necessary for the new services to carry out their functions. The Order brings into force on the same date sections 43, 44 and 45 of the Act, which rename certain community orders, and sections 54 and 55, which bring in new provisions for breach of community orders and for their regulation.

The Order also brings into force sections 67, 68, 69 and 73 of the Criminal Justice and Court Services Act 2000 on 1st April 2001. Sections 67 and 68 place duties on the police and local probation boards to act jointly to make arrangements for assessing and managing the risks posed by certain high risk offenders, and to report each year about how they have discharged those duties. Section 69 requires local probation boards to take steps to enable victims of certain violent or sexual offenders to make representations about the offender’s release conditions, which boards must pass on to the person responsible for setting those conditions, and to enable such victims to be told of any release conditions and to be given other information that is considered appropriate. Section 73 adds a person nominated by a chief education officer of a local authority to the list of people who can be named as a responsible officer in a parenting order under section 8 of the Crime and Disorder Act 1998.

The Order also brings into force related minor and consequential amendments and repeals on the same date and makes transitional arrangements for dealing with the accounts of probation committees up to the date when they ceased to exist and for updating references in consequence of the renaming of certain community orders.