The Probation (Amendment) (No. 2) Rules 1992

9.  For rule 39 there shall be substituted the following rule—

“39.— (1) Subject to paragraph (3) below, paragraph (2) of this rule applies where a probation officer under any of the duties mentioned in rule 33 above in respect of a probation, community service or supervision order, becomes aware that the person subject to any such order proposes to change or has changed his residence from the petty sessions area specified in the order, to another petty sessions area in England and Wales or to Scotland or Northern Ireland save where such person is subject to a combination order and proposes to change or has changed his residence to Northern Ireland.

(2) Where this paragraph applies, the probation officer concerned shall apply to the appropriate court, in the case of a person subject to a probation or community service order, to amend the order in accordance with Schedule 2 or Schedules 2 and 3 to the Criminal Justice Act 1991, as appropriate, or, in the case of a person subject to a supervision order, to amend the order in pursuance of section 15 of the Children and Young Persons Act 1969 or for the order to be dealt with under section 73(1) of the Social Work (Scotland) Act 1968(1).

(3) Paragraph (2) above shall not apply where the person subject to the order proposes to change or has changed his residence from one petty sessions area to another in England and Wales if—

(a) the probation officer has reason to believe that that person is unlikely to reside there for a reasonable time; or

(b) the probation officer has ascertained from the appropriate court that that court and the court acting for the petty sessions area where the person proposes to reside or is residing are satisfied that, having regard to the special circumstances of the case, it is desirable that the person should remain under his supervision.

(4) Where it appears to a probation officer that an application can properly be made for the revocation, discharge or amendment (otherwise than as provided by paragraph (1) of this rule) of a probation, community service or supervision order in respect of which he is subject to any of the duties mentioned in rule 33 above, he shall make such application unless the person subject to the order, or any other person entitled to do so, makes the application.”.

(1)

1968 c. 49.