§ . In section 5 (rehabilitation periods for particular sentences)—
- (a) in subsection (4A), for "a person was placed on probation" there is substituted "a probation order was made",
- (b) in subsection (4A)(b), for "probation order" there is inserted "order in question".
§ . In section 6(3) (the rehabilitation period applicable to a conviction)—
- (a) for "placed on probation" there is substituted "a probation order was made",
- (b) for "or probation" there is substituted "or a breach of the order".").
§ Page 65, leave out lines 25 to 34.
§ Page 65, line 42, after ("56(3)") insert (", (4)").
§ Page 66, line 4, after ("56(3)") insert (", (4)").
§ Page 66, line 20, at end insert—
§ (". Section 72 (report by probation officer on means of parties) is omitted.").
§ Page 66, line 46, at end insert—
§ Page 67, line 4, at end insert—
§ . In paragraph 7(3)(b) of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements), for "probation committee for that area to appoint or assign a probation officer" there is substituted "local board for that area (established under section 4 of the Criminal Justice and Court Services Act 2000) to appoint or assign an officer of the board".").
§ Page 67, leave out lines 23 to 26.
§ On Question, amendments agreed to.
Baroness Blatch moved Amendment No. 188:
Page 67, line 34, leave out paragraph 78.
§ The noble Baroness said: The purpose of this amendment is to bring local probation boards in line with the Home Office, which is not subject to the requirement in the Local Government Act not to take account of non-commercial considerations when contracting with others. This is particularly important 1664 for a criminal justice organisation where many considerations other than cost are relevant. I beg to move.
§ Lord Bach
The amendment would have the effect that in the Local Government Act 1998, Schedule 2, which deals with public supply or works contracts, the reference to a probation committee within the meaning of the Probation Service Act 1993 would not be changed to a reference to a local board under the Bill. The provision in the Bill is a necessary consequential of the change from "probation committees" to "local boards".
We oppose the noble Baroness's amendment. Under Section 17(1) of the Local Government Act 1988 there is a duty on a public authority, in relation to its public supply or works contracts, to exercise its functions without reference to matters which are non-commercial, (as defined in subsection (5) of that section, for example, the terms and conditions of employment by contractors of their workers.
That duty applies to public authorities as defined in Schedule 2 and that schedule presently includes a probation committee. We see no reason why it should not apply equally to a local board. I cannot therefore support the amendment.
§ Baroness Blatch
I take it that the local boards will have the same obligations as a local authority. I should have thought that the Home Office was also a public authority. If it is not a public authority, what is it? Almost in a state of despair I beg leave to withdraw the amendment.
§ Amendment, by leave, withdrawn.
Lord Bach moved Amendments Nos. 189 to 255:
Page 67, leave out lines 39 to 42.
Page 68, leave out lines 1 to 3.
Page 68, line 39, at end insert—