Explanatory note

This Order dissolves all 35 existing probation trusts across England and Wales. These trusts were created under section 5(1) of the Offender Management Act 2007 (c.21) (“the 2007 Act”) as part of the arrangements for the provision of probation services in England and Wales as contained in Part 1 of the 2007 Act. In total, 37 probation trusts were created across three phases (1st April 2008, 1st April 2009 and 1st April 2010) with two of the trusts (Dyfed Powys Probation Trust and South Wales Probation Trust) being dissolved in 2010. This Order relates to those 35 probation trusts, as outlined in article 2, which are still currently in existence.

Contractual arrangements for the provision of probation services between the Secretary of State and each of the Trusts named in the Order made under section 3(2) of the 2007 Act ceased on 31st May 2014. Staff and property transfer schemes in connection with the termination of those arrangements and the entering into of new arrangements for the provision of probation services by 21 Community Rehabilitation Companies and the National Probation Service were made on 29th May and came into effect on 1st June 2014 under powers in section 11 of, and Schedule 2 to, the 2007 Act.

As a consequence of this Order, the probation trusts as set out in Article 2 are now formally dissolved.

Article 3 of this Order requires the Secretary of State to prepare a final statement of accounts for each of the probation trusts which are abolished by this Order in relation to the period from 1st April 2014 to 31st October 2014. The statements of accounts for the 34 Trusts in England must be sent to the Comptroller and Auditor General.

The Wales Probation Trust was designated as a Welsh Probation Trust by the Offender Management Act 2007 (Establishment of Probation Trusts) Order 2010 (S.I. 2010/195) as amended by the Offender Management Act 2007 (Establishment of Probation Trusts) (Amendment) Order 2012 (S.I. 2012/1215). Therefore, the accounts for the Wales Probation Trust are audited by auditors appointed by the Auditor General for Wales.

An impact assessment of the policy implemented by this Order has not been produced as no impact on the private or voluntary sectors is foreseen.