The Offender Management Act 2007 (Commencement No. 2 and Transitional Provision) Order 2008

• Citation: S.I. 2008/504
• Sections: 5

Section 1 Citation and interpretation

(1) This Order may be cited as the Offender Management Act 2007 (Commencement No.2 and Transitional Provision) Order 2008.

(2) In this Order “ the Act ” means the Offender Management Act 2007.

Section 2 Provisions coming into force in England and Wales on 1st March 2008

The day appointed for the coming into force of the following provisions of the Act is 1st March 2008—

(a) section 5 (power to establish probation trusts) and Schedule 1 (probation trusts: further provisions); and

(b) section 11(2) (transfer of property and staff etc ) and Schedule 2 (transfers of property etc and staff in connection with probation services arrangements).

Section 3 Provisions coming into force in England and Wales on 1st April 2008

The day appointed for the coming into force of the following provisions of the Act is 1st April 2008—

(a) section 3(6) (power to make arrangements for the provision of probation services);

(b) section 7(1) and (2) (national standards for the management of offenders);

(c) section 9 (officers of providers of probation services);

(d) section 12(1) and (2) (the inspectorate);

(e) section 13 (approved premises);

(f) section 14 (disclosure for offender management purposes);

(g) section 21 (assisting a prisoner to escape);

(h) section 22 (conveyance of prohibited articles into or out of prison);

(i) section 23 (other offences relating to prison security);

(j) section 24 (offences under sections 40B to 40D of the Prison Act 1952: extension of Crown Immunity);

(k) section 39 (minor and consequential amendments, transitionals, and repeals) insofar as it relates to the entries in Schedules 3, 4 and 5 specified in paragraphs (l), (m) (n) and (o) of this article;

(l) Part 1 (new arrangements for the provision of probation services) of Schedule 3 (minor and consequential amendments);

(m) Parts 1 (provisions relating to Part 1) and 2 (provisions relating to Part 2) of Schedule 4 (transitional and transitory provisions and savings);

(n) Part 1 (probation services) of Schedule 5 (repeals), the entries relating to—

(i) sections 6(1), 9 and 25 of the Criminal Justice and Court Services Act 2000 ; and

(ii) section 104(4) of the Local Government and Public Involvement in Health Act 2007 ; and

(o) Part 2 (prisons) of Schedule 5 (repeals), the entry relating to section 41 of the Prison Act 1952 .

Section 4 Provisions coming into force in the specified areas on 1st April 2008 and transitional provision

(1) The day specified for the coming into force of the following provisions of the Act in relation to the areas specified in paragraph (2) is 1st April 2008—

(a) section 1 (meaning of “probation purposes”);

(b) section 2 (responsibility for ensuring the provision of probation services);

(c) section 3(1) to (5), and (7) (power to make arrangements for the provision of probation services);

(d) section 4 (restriction on certain arrangements under section 3);

(e) section 6 (power to make grants for probation purposes etc);

(f) section 7(3) (national standards for the management of offenders);

(g) section 8 (annual plans);

(h) section 10 (national framework for qualifications of officers);

(i) section 11(1) (abolition of local probation boards);

(j) section 12(3) (the inspectorate);

(k) section 15 (power to repeal section 4);

(l) section 39 (minor and consequential amendments, transitionals, and repeals) insofar as it relates to the entries in Schedule 5 specified in sub-paragraph (m); and

(m) Part 1 (probation services) of Schedule 5 (repeals), the entries relating to the following provisions of the Criminal Justice and Court Services Act 2000—

(i) sections 1 to 5;

(ii) section 8;

(iii) section 10;

(iv) section 18;

(v) section 20(2);

(vi) section 21(5);

(vii) section 22; and

(viii) Schedule 1.

(2) The areas specified are the following police areas —

(a) Humberside ;

(b) Leicestershire;

(c) Merseyside;

(d) West Mercia;

(e) Dyfed Powys; and

(f) South Wales.

Section 5 Provisions coming into force in the specified areas on 1st April 2008 and transitional provision

Until section 2(1) of the Act comes into force for the remaining areas in England and Wales, the reference in that subsection to “throughout England and Wales” is to be read as “in relation to the areas for which this subsection is in force”.