The Offender Management Act 2007 (Establishment of Probation Trusts) Order 2010

Statutory Instruments

2010 No. 195

Probation, England And Wales

The Offender Management Act 2007 (Establishment of Probation Trusts) Order 2010

Made

1st February 2010

Laid before Parliament

3rd February 2010

Coming into force

1st April 2010

The Secretary of State makes the following Order in exercise of the power conferred by section 5(1) of the Offender Management Act 2007(1).

Citation and commencement

1.  This Order may be cited as the Offender Management Act 2007 (Establishment of Probation Trusts) Order 2010 and shall come into force on 1st April 2010.

Dissolution of probation trusts

2.  The following probation trusts are dissolved—

(a) Dyfed Powys Probation Trust; and

(b) South Wales Probation Trust.

Establishment of probation trusts

3.  The following probation trusts are established for the purposes specified in article 4—

(a) Avon and Somerset Probation Trust;

(b) Bedfordshire Probation Trust;

(c) Cambridgeshire and Peterborough Probation Trust;

(d) Cheshire Probation Trust;

(e) Cumbria Probation Trust;

(f) Derbyshire Probation Trust;

(g) Devon and Cornwall Probation Trust;

(h) Dorset Probation Trust;

(i) Durham Tees Valley Probation Trust;

(j) Essex Probation;

(k) Gloucestershire Probation Trust;

(l) Hampshire Probation Trust;

(m) Hertfordshire Probation Trust;

(n) Kent Probation;

(o) Lincolnshire Probation Trust;

(p) London Probation Trust;

(q) Norfolk and Suffolk Probation Trust;

(r) Northamptonshire Probation Trust;

(s) Northumbria Probation Trust;

(t) Nottinghamshire Probation Trust;

(u) South Yorkshire Probation Trust;

(v) Staffordshire and West Midlands Probation Trust;

(w) Surrey and Sussex Probation Trust;

(x) Thames Valley Probation;

(y) Wales Probation Trust;

(z) Warwickshire Probation Trust;

(aa) West Yorkshire Probation Trust;

(bb) Wiltshire Probation Trust; and

(cc) York and North Yorkshire Probation Trust.

The purposes of the probation trusts

4.  The purposes of each of the probation trusts established by article 3 are—

(a) the making and performance by the trust of contracts with the Secretary of State under section 3(2) of the Offender Management Act 2007; and

(b) the making and performance by the trust of contracts with another probation trust or any other person which provide for the carrying out by the trust of activities which contribute to the achievement of any purpose mentioned in section 2(1) of the Offender Management Act 2007.

By the authority of the Secretary of State

Maria Eagle

Minister of State

Ministry of Justice

1st February 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order dissolves two existing probation trusts and establishes 29 new probation trusts under the power in section 5(1) of the Offender Management Act 2007 (“the 2007 Act”). The establishment of probation trusts are part of the arrangements for the provision of probation services in England and Wales contained in Part 1 of the 2007 Act. The arrangements are being brought into force by geographical areas in phases. The first six probation trusts were established from 1st April 2008 by the Offender Management Act 2007 (Establishment of Probation Trusts) Order 2008(2). The next two probation trusts were established from 1st April 2009 by the Offender Management Act 2007 (Establishment of Probation Trusts) Order 2009(3). This Order establishes probation trusts in all remaining geographical areas in England and Wales.

When a trust is set up, it replaces the probation board in that area, probation boards being the arrangements in respect of the National Probation Service for England and Wales for particular geographical areas pursuant to Part 1 of the Criminal Justice and Court Services Act 2000 (“the 2000 Act”). Four of the probation trusts established by this Order cover the geographical areas of more than one probation board under the 2000 Act. This Order also dissolves two existing probation trusts in Wales and creates one new probation trust for all of Wales.

The probation trusts listed in article 3 of this Order are established for the purposes set out in article 4 on 1st April 2010. Contracts made with the Secretary of State for Justice under section 3(2) of the 2007 Act will be the principal mechanism for setting out in detail the activities of the trusts, including specifying the geographical area in which the trusts will operate.

(1)

2007 c.21

(2)

S.I. 2008/598.

(3)

S.I. 2009/504.