The Unpaid Work Requirements (Prescribed Persons for Consultation) Regulations 2023

Statutory Instruments

2023 No. 430

Probation, England And Wales

The Unpaid Work Requirements (Prescribed Persons for Consultation) Regulations 2023

Made

at 10.35 a.m. on 17th April 2023

Laid before Parliament

at 4.30 p.m. on 17th April 2023

Coming into force on

8th May 2023

The Secretary of State, in exercise of the power conferred by section 10A(2) of the Offender Management Act 2007(1), makes the following Regulations:

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Unpaid Work Requirements (Prescribed Persons for Consultation) Regulations 2023 and come into force on 8th May 2023.

(2) These Regulations extend to England and Wales.

(3) In these Regulations—

“Community Safety Partnership” means the responsible authorities exercising the functions conferred by or under sections 6 to 7 of the Crime and Disorder Act 1998(2) (and “responsible authorities” has the same meaning as in section 5 of that Act);

“relevant area” means, in respect of a provider of probation services required to consult prescribed persons under section 10A of the Offender Management Act 2007, the area in which that provider makes provision for the probation purposes.

Prescribed persons for the purposes of annual consultation

2.  The following persons and descriptions of persons are prescribed for the purposes of section 10A(2) of the Offender Management Act 2007—

(a) any elected local policing body (as defined in section 102(1) of the Police Reform and Social Responsibility Act 2011(3)) for the relevant area;

(b) any Community Safety Partnership operating within the relevant area;

(c) at least one of any voluntary, community or social enterprise organisation operating within the relevant area;

(d) organisations representing the interests of victims of crime within the relevant area.

Damian Hinds

Minister of State

Ministry of Justice

At 10.35 a.m. on 17th April 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in relation to the work performed by offenders subject to an unpaid work requirement as part of a community sentence.

Section 10A of the Offender Management Act 2007 (c. 21) requires providers of probation services to undertake annual consultations. The purpose of the consultation is to seek views about the work to be performed by persons who are subject to unpaid work requirements, from the persons or description of persons prescribed in regulations.

Regulation 2 lists those persons or descriptions of person that providers of probation services are required to consult.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

2007 c. 21. Section 10A was inserted by section 155 of the Police, Crime, Sentencing and Courts Act 2022 (c. 32).

(2)

1998 c. 37. Section 5(1) was amended by the Police and Justice Act 2006 (c. 48), section 22, Schedule 9 paragraph 2(2). Section 6 was substituted for sections 6, 6A by section 22, Schedule 9, paragraph 3. Section 7(1) was substituted by Police Reform and Social Responsibility Act 2011 (2011 c. 13), section 88, Schedule 11 paragraph 5(2)(a). There are other amendments but none are relevant to these Regulations.

(3)

2011 c. 13. The amendments to section 102 are not relevant to these Regulations.