Paragraph 18 C1

England and Wales

(1)

The Secretary of State may make rules—

C2(a)

regulating the constitution, procedure, powers and duties of probation and after-care committees, . . . F1 and F2probation liaison committees, and the expenses which may be incurred by them and the manner in which those expenses are to be defrayed;

F3(aa)

limiting the number of staff (other than probation officers) who may be appointed under paragraph 3 or 10 above;

(b)

regulating the qualifications, manner of appointment, . . . F4 and duties of probation officers . . . F5;

(c)

prescribing anything else which under the preceding provisions of this Schedule may be prescribed;

and in those provisions the expression “prescribed” means prescribed by rules of the Secretary of State.

(2)

Without prejudice to sub-paragraph (1) above, the Secretary of State may by rules made under this Schedule make provision as to the manner in which paragraph 13 above is to be administered, and in particular may make provision—

(a)

for prescribing . . . F6 the forms to be used and the particulars to be provided for the purpose of claiming payment of the allowances under that paragraph; and

(b)

for avoiding duplication between payments under that paragraph and under other arrangements where expenditure is incurred for more than one purpose, and otherwise for preventing abuses.

(3)

Nothing in any rules made under this paragraph with respect to the constitution, procedure and functions of case committees shall apply to a case committee for an area within the F7inner London probation area, except in so far as may be determined under paragraph 5(2) above by the probation and after-care committee for that area.

Annotations

Textual amendments

F1: Words repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
F2: By virtue of the Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 6(e) it is provided that for the references to a case committee there are substituted references to a probation liaison comittee
F3: Sch. 3 para. 18(1)(aa) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 132, Sch. 8 para. 16, Sch. 11 para. 6
F4: Words “conditions of service" repealed by Criminal Law Act 1977 (c. 45), Schs. 12, 13 (any provision as to the conditions of service of probation officers or staff appointed under para. 10 which is made by any rules in force under para. 18(1) on 1.12.1977 shall have effect as if made by a determination of the Secretary of State under para. 18A, and shall accordingly be liable to alteration or cancellation by him by subsequent determination under the said para. 18A)
F5: Words repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 6(f) and Sch. 16
F6: Words repealed by Administration of Justice Act 1977 (c. 38), Sch. 5 Pt. II
F7: Words in Sch. 3 para. 18(3) substituted (1.4.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 75(3); S.I. 1992/333, art. 2(1), Sch.1

Modifications

C1: Sch. 3 para. 18 amended by Criminal Law Act 1977 (c. 45), Sch. 12
C2: By virtue of the Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 6(e) it is provided that for the references to a case committee there are substituted references to a probation liaison comittee

Notes on the whole Act

Textual amendments

F1: Act repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Notes on Schedule 3

Textual amendments

F1: Sch. 3 repealed (5.2.1994) by 1993 c. 47, ss. 32(3), 33(2), Sch.4.