2007 No. 1172

probation, england and wales

Her Majesty’s Inspectorate of the National Probation Service for England and Wales (Specified Organisations) Order 2007

Made

Laid before Parliament

Coming into force

The Secretary of State makes the following Order in exercise of the powers conferred by paragraph 3(4) of Schedule 1A to the Criminal Justice and Court Services Act 20001:

Citation, commencement and interpretation1

1

This Order may be cited as Her Majesty’s Inspectorate of the National Probation Service for England and Wales (Specified Organisations) Order 2007 and shall come into force on 1st May 2007.

2

In this Order—

  • “the 2000 Act” means the Criminal Justice and Court Services Act 2000.

Specified organisations2

The following persons and bodies are specified as organisations for the purposes of paragraph 3(4) of Schedule 1A (inspections by other inspectors of organisations within inspectorate’s remit) to the 2000 Act—

a

a local probation board established under section 4 (local probation boards) of the 2000 Act;

b

an organisation or individual with whom a local probation board has made arrangements under section 5(2) (functions of local probation boards) of the 2000 Act, but only in relation to those arrangements; and

c

a manager or other person working at approved premises.

Tony McNultyMinister of StateHome Office
EXPLANATORY NOTE

(This note is not part of the Order)

This Order specifies certain persons and bodies as “organisations” for the purposes of paragraph 3(4) of Schedule 1A to the Criminal Justice and Court Services Act 2000, which was inserted by section 31 of the Police and Justice Act 2006. Paragraph 3 of Schedule 1A imposes a duty on Her Majesty’s Chief Inspector of the National Probation Service for England and Wales to prevent or limit certain proposed inspections of specified organisations in order to prevent an unreasonable burden being imposed on those organisations. The specified organisations are the persons and bodies listed in article 2 of this Order.

The specification has an effect if a person or body falling within paragraph 3(2) of Schedule 1A proposes to inspect one of the specified organisations. The persons or bodies in paragraph 3(2) are: Her Majesty’s Chief Inspector of Prisons; Her Majesty’s Chief Inspector of Education, Children’s Services and Skills; the Commission for Healthcare Audit and Inspection; the Commission for Social Care Inspection; and the Audit Commission for Local Government and the National Health Service in England and Wales.

If Her Majesty’s Chief Inspector of the National Probation Service for England and Wales considers that the proposed inspection by one of these persons or bodies would impose an unreasonable burden on one of the specified organisations listed in article 2, the Chief Inspector must give notice to that person or body not to carry out the proposed inspection or not to carry it out in a particular manner.