The Offender Management Act 2007 (Establishment of Probation Trusts) Order 2008

Statutory Instruments

2008 No. 598

Probation, England And Wales

The Offender Management Act 2007 (Establishment of Probation Trusts) Order 2008

Made

5th March 2008

Laid before Parliament

5th March 2008

Coming into force

1st April 2008

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

Citation and commencement

1.  This Order may be cited as the Offender Management Act 2007 (Establishment of Probation Trusts) Order 2008 and shall come into force on 1st April 2008.

Establishment of the probation trusts

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

(a) Dyfed Powys Probation Trust;

(b) Humberside Probation Trust;

(c) Leicestershire and Rutland Probation Trust;

(d) Merseyside Probation Trust;

(e) South Wales Probation Trust; and

(f) West Mercia Probation Trust.

The purposes of the probation trusts

3.  The purposes of each of the probation trusts established by article 2 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.

Signed by the authority of the Secretary of State

David Hanson

Minister of State

Ministry of Justice

5th March 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order establishes the first six probation trusts using the power in section 5(1) of the Offender Management Act 2007 (“the 2007 Act”). The establishment of probation trusts are part of the new arrangements for the provision of probation services in England and Wales contained in Part 1 of the 2007 Act. The arrangements are expected to be brought into force by geographical areas in three phases, with the first phase coming into force on 1st April 2008. They will replace the arrangements in respect of the National Probation Service for England and Wales contained in Part 1 of the Criminal Justice and Court Services Act 2000.

The probation trusts listed in article 2 of this Order are established for the purposes set out in article 3 on 1st April 2008. These purposes are the making and performance by the trusts of contracts for the provision of probation services with the Secretary of State for Justice under section 3(2) of the 2007 Act and with other persons (including other probation trusts). 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