Paragraph 3
England and Wales
It shall be the duty of every probation and after-care committee—
to appoint such number of probation officers—
as may be determined by them without objection by the responsible authority; or
where objection is made, as may be agreed between them and that authority,
to be a sufficient number of such officers for their probation area, subject, in the case of such classes or descriptions of officers as may be prescribed, to the approval of the appointment by the Secretary of State;
to pay to the probation officers appointed for their area such remuneration, allowances and expenses as may be F2determined by the Secretary of State under paragraph 18A below;
to provide for the efficient carrying out of the work of probation officers;
to make such payments and to such persons as may be prescribed in respect of persons under the supervision of probation officers, being persons required by a probation order to reside in any place otherwise than for the purpose of their submitting to treatment for their mental condition as resident patients; and
to perform such other duties in connection with the work of probation officers as may be prescribed.
F3 and any question as to number arising under paragraph (a) above shall, in default of agreement, be determined by the Secretary of State
A probation and after-care committee may, in such cases and in such manner as may be prescribed, give financial and other assistance to persons F4in relation to whom probation officers appointed for their area have responsibilities.
A probation committee may provide facilities for enabling—
directions given by a supervisor by virtue of subsection (2) of section 12 of the Children and Young Persons Act 1969; F6 . . .
directions given under paragraphs 2 or 3 of Schedule 3 to the Children Act 1989
A probation and after-care committee may, . . . F9, delegate all or any of their functions to a sub-committee consisting of members of the committee and such other persons (if any) as may be co-opted to be members of the sub-committee; but so that the number of co-opted members of the sub-committee shall not exceed the number of its members who are members of the committee.
Notwithstanding that, by virtue of paragraph 2(1) above, a probation and after-care committee is a body corporate, any provision applying to employees of justices shall, unless the contrary intention appears, apply to employees of a probation and after-care committee.
In this paragraph “the responsible authority”—
in relation to a probation area other than the inner London probation area, means the local authority in whose area that probation area is situated; and
in relation to the inner London probation area, means—
the Receiver for the metropolitan police district; and
where that area includes one or more petty sessions areas outside the inner London area, the local authority or authorities in whose area or areas that petty sessions area or those petty sessions areas is or are situated;
and “supervision order” and “supervisor” have the meanings assigned to them by section 11 of the Children and Young Persons Act 1969.
Annotations
Textual amendments
- F1
Sch. 3 para. 3(1)(a) substituted (31.10.1991) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 94(2)(a); S.I. 1991/2208, art. 2(4), Sch. 3
- F2
Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12
- F3
Words in Sch. 3 para. 3(1)(a) inserted (31.10.1991) by Criminal Justice ACt 1991 (c. 53), s. 94(2)(b); S.I. 1991/2208, art.2(4), Sch. 3
- F4
Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 6(a)(ii)
- F5
Sch. 3 para. 3(2A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 56, Sch. 11 para. 6(a)(iii)
- F6
Word in Sch. 3 para. 3(2A)(a) repealed (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15; S.I. 1991/828, art. 3(2).
- F7
Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 42
- F8
Sch. 3 para. 3(2A)(c) and the word in Sch. 3 para. 3(2A)(b) added (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 34; S.I. 1991/828, art. 3(2)
- F9
Words repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 6(a)(iv), Sch. 16
- F10
Sch. 3 para. 3(5) substituted (31.10.1991) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 94(2)(c); S.I. 1991/2208, art. 2(4), Sch.3
Modifications
- C1
Sch. 3 para. 3(5) amended (temp.) (E.W.) (02.10.1991) by S.I.1991/2208, art. 2(5)
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.