The Youth Justice Board for England and Wales (Amendment of Functions) Order 2015

Made27th January 2015

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by section 41(6) and (6A)(b) of the Crime and Disorder Act 19981.

In accordance with section 114(3) of that Act2, a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement1

This Order may be cited as the Youth Justice Board for England and Wales (Amendment of Functions) Order 2015 and shall come into force on the day after the day on which it is made.

Amendments to the Crime and Disorder Act 19982

In section 41(5)3 of the Crime and Disorder Act 1998 (functions of the Youth Justice Board) —

a

omit paragraph (g) (making grants to develop or research good practice);

b

in paragraph (h) (commissioning research in connection with good practice), omit “themselves”; and

c

after paragraph (h) insert—

ha
with the approval of the Secretary of State, to make grants to local authorities and other persons for the purposes of the operation of the youth justice system and the provision of youth justice services4, subject to such conditions as the Board considers appropriate, including conditions as to repayment;
hb
to provide assistance to local authorities and other persons in connection with information technology systems and equipment used or to be used for the purposes of the operation of the youth justice system and the provision of youth justice services;

Amendments to the Youth Justice Board for England and Wales Order 20003

1

The Youth Justice Board for England and Wales Order 20005 is amended as follows.

2

In article 2 (interpretation) after the definition of “the 2003 Act” insert—

“directly managed young offender institution” means a young offender institution, or part of a young offender institution, in respect of which a contract under section 84 of the 1991 Act6 (contracting out) is not for the time being in force;
“directly managed secure training centre” means a secure training centre, or part of a secure training centre, in respect of which a contract under section 7 of the 1994 Act7 (contracting out) is not for the time being in force.

3

In article 4(2) (functions of the Youth Justice Board for England and Wales)—

a

in sub-paragraph (o)—

i

before paragraph (i) insert—

ai
rule 5 of the Secure Training Centre Rules 19988 (temporary release of trainees);

ii

in paragraph (i) for “the Secure Training Centre Rules 1998” substitute “those Rules”; and

b

after sub-paragraph (p) insert—

pa
the functions conferred on the Secretary of State by section 4(1) of the 1952 Act (general duties of the Secretary of State)9 of making the contracts and doing the other acts necessary for the provision of education to persons aged under 18 detained in directly managed young offender institutions, and any functions exercisable by the Secretary of State in relation to such contracts and acts, including the procurement of, and the making of payments under, such contracts;

4

After article 4 insert—

Modification of section 49(4) of the 1952 Act5
In its application to a trainee temporarily released from a secure training centre who is recalled by the Youth Justice Board (by virtue of article 4(2)(o)(ai) of this Order), section 49(4) of the 1952 Act10 (persons unlawfully at large) applies as if for “Secretary of State” there were substituted “Youth Justice Board”.

Signed by the authority of the Secretary of State

Andrew SelousParliamentary Under Secretary of StateMinistry of Justice27th January 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order confers new functions on the Youth Justice Board for England and Wales (“the Board”), which was established by section 41 of the Crime and Disorder Act 1998 (c.37) (“the 1998 Act”).

Article 2 amends the list of the functions of the Board set out in section 41(5) of the 1998 Act. It extends the grant making function of the Board and adds a new function in respect of information technology systems and equipment that are used or to be used for the purposes of the youth justice system.

This Order also amends the Youth Justice Board for England and Wales Order 2000 (S.I. 2000/1160) (“the 2000 Order”). Article 4 of the 2000 Order provides for certain Secretary of State functions in relation to the youth justice system to be capable of being exercised concurrently by the Board. Article 3(3) adds to these functions the power to temporarily release (and recall) trainees from secure training centres and to enter into contracts for the provision of education in a directly managed young offender institution. Article 3(2) inserts a definition of a “directly managed young offender institution” in article 2 of the 2000 Order. For consistency it also inserts a definition of a “directly managed secure training centre” which is referred to in existing article 4(2)(i) of the 2000 Order.

Article 3(4) modifies section 49(4) of the Prison Act 1952 (c.52) so that the powers of arrest without warrant where a person is unlawfully at large apply where a trainee has been temporarily released from a secure training centre and then recalled by the Youth Justice Board, exercising the function conferred on it by article 4(2)(o)(ai) of the 2000 Order, as inserted by article 3(3)(a) of this Order.

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