Part 1

New arrangements for the provision of probation services

Functions of the Secretary of State

Power to establish probation trusts
5
1
The Secretary of State may by order—
a
establish a probation trust for purposes specified in the order;
b
alter the name or purposes of a probation trust;
c
dissolve a probation trust.
2
The purposes of a probation trust must consist of or include the making or performance by the trust of contracts with the Secretary of State under section 3(2).
3
The purposes of a probation trust may include all or any of the following purposes—
a
the making or 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);
b
the making or performance by the trust of contracts with the Secretary of State for the carrying out by the trust of activities anywhere in the world which—
i
are to be carried out in connection with persons who are or have been subject to proceedings in service courts; and
ii
correspond to activities which, if carried out in connection with persons charged with or convicted of offences, would contribute to the achievement of any purpose mentioned in section 2(1);
c
any other purpose specified for the purposes of this section by regulations made by the Secretary of State.
4
A purpose specified for a probation trust under subsection (1)(a) may be expressed in more specific terms than those used in subsection (2) or (3)(a) or (b) or in regulations under subsection (3)(c).
5
A purpose so specified which relates to the making or performance of contracts includes the carrying out of any activities relating to a contract of a relevant kind (including activities taking place before it is made or after it is terminated).
6
Schedule 1 (which contains other provision relating to probation trusts) has effect.
S. 5 in force at 1.3.2008 by S.I. 2008/504, art. 2(a)