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.