The Offender Management Act 2007 (Consequential Amendments) Order 2008 No. 912

SCHEDULE 1 Amendments of Acts

PART 1 New arrangements for the provision of probation services

Mental Health Act 2007

24.—(1) The Mental Health Act 2007(1) is amended as follows.

(2) In Schedule 6 (victim’s rights)—

(a) in paragraph 3, in the inserted section 36A(2) (supplemental provision for case where no restriction order made)—

(i) in subsection (2), after “board” insert “or provider of probation services”;

(ii) in subsection (3), after “board” insert “or the provider of probation services”;

(iii) in subsection (4), after “board” insert “or provider of probation services”; and

(iv) in subsection (5)—

(aa) after “probation board” insert “or provider of probation services”; and

(bb) in paragraph (b), after “the board” insert “or provider”;

(b) in paragraph 7, in the inserted section 38B(3) (removal of restriction)—

(i) in subsection (2), for “relevant local probation board” in both places it occurs, substitute “relevant probation body”;

(ii) in subsection (3), for “relevant local probation board” substitute “relevant probation body”; and

(iii) in subsection (6), for “relevant local probation board” substitute “relevant probation body”;

(c) in paragraph 9, in the inserted section 41A(4) (removal of restriction)—

(i) in subsection (2), for “relevant local probation board” in both places it occurs, substitute “relevant probation body”;

(ii) in subsection (3), for “relevant local probation board” substitute “relevant probation body”; and

(iii) in subsection (6), for “relevant local probation board” substitute “relevant probation body”;

(d) in paragraph 11, in the inserted section 42A(5) (supplemental provision for case where no restriction direction given)—

(i) in subsection (2), after “board” insert “or provider of probation services”;

(ii) in subsection (3), after “board” insert “or provider of probation services”;

(iii) in subsection (4), after “board” insert “or provider of probation services”; and

(iv) in subsection (5)—

(aa) after “probation board” insert “or provider of probation services”; and

(bb) in paragraph (b), after “the board” insert “or the provider”; and

(e) in paragraph 15, in the inserted section 44B(6) (removal of restriction)—

(i) in subsection (2), for “relevant local probation board” in both places it occurs substitute “relevant probation body”;

(ii) in subsection (3), for “relevant local probation board” substitute “relevant probation body”; and

(iii) in subsection (6), for “relevant local probation board” substitute “relevant probation body”.

(1)

2007 c.12

(2)

Section 36A is to be inserted after section 36 in the Domestic Violence, Crime and Victims Act 2004 (c.28) by the Mental Health Act 2007 (c.12), Schedule 6, paragraphs 1 and 3, from a date to be appointed.

(3)

Section 38B is to be inserted after section 38 in the Domestic Violence, Crime and Victims Act 2004 (c.28) by the Mental Health Act 2007 (c.12), Schedule 6, paragraphs 1 and 7, from a date to be appointed.

(4)

Section 41A is to be inserted after section 41 in the Domestic Violence, Crime and Victims Act 2004 (c.28) by the Mental Health Act 2007 (c.12), Schedule 6, paragraphs 1 and 9, from a date to be appointed.

(5)

Section 42A is to be inserted after section 42 in the Domestic Violence, Crime and Victims Act 2004 (c.28) by the Mental Health Act 2007 (c.12), Schedule 6, paragraphs 1 and 11, from a date to be appointed.

(6)

Section 44B is to be inserted after section 44 in the Domestic Violence, Crime and Victims Act 2004 (c.28) by the Mental Health Act 2007 (c.12), Schedule 6, paragraphs 1 and 15, from a date to be appointed.