Criminal Justice and Court Services Bill - continued        House of Lords
PART I, THE NEW SERVICES - continued
Functions - continued

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The inspectorate.     6. - (1) The inspectorate, and the office of chief inspector, established under section 23 of the Probation Service Act 1993 (inspectorate of probation) shall continue in being, but-
 
 
    (a) the members of the inspectorate are to be known as "Her Majesty's Inspectorate of the National Probation Service for England and Wales", and
 
    (b) the chief inspector is to be known as "Her Majesty's Chief Inspector of the National Probation Service for England and Wales".
      (2) The power to appoint a person to be chief inspector or one of the other members of the inspectorate is exercisable by the Secretary of State.
 
      (3) The Secretary of State may determine-
 
 
    (a) the number of members of the inspectorate,
 
    (b) the remuneration, allowances or other amounts to be paid by him to or in respect of the members of the inspectorate.
      (4) Below in this Chapter-
 
 
    (a) references to the chief inspector are to Her Majesty's Chief Inspector of the National Probation Service for England and Wales,
 
    (b) references to the members of the inspectorate are to the chief inspector and the other members of Her Majesty's Inspectorate of the National Probation Service for England and Wales.
Functions of inspectorate.     7. - (1) The chief inspector must secure that the provision made in pursuance of arrangements made by each local board under section 5 is inspected by a member of the inspectorate.
 
      (2) The Secretary of State may direct the members of the inspectorate to assess the provision made by reference to criteria specified in directions.
 
      (3) A report of an inspection under subsection (1) must be sent to the Secretary of State.
 
      (4) The Secretary of State may give directions as to-
 
 
    (a) the information to be given in the report and the form in which it is to be given,
 
    (b) the time by which the report is to be given.
      (5) The Secretary of State must lay a copy of the report before each House of Parliament.
 
      (6) The Secretary of State may give directions, in connection with the purposes mentioned in section 1 or any related purposes, conferring further functions on the chief inspector and the other members of the inspectorate, provided that no such direction shall merge the functions of the Chief Inspector with those of Her Majesty's Chief Inspector of Prisons.
 
 
Miscellaneous
Support services.     8. - (1) The Secretary of State may by order provide for any services to which, in his opinion, subsection (3) applies to be provided not by the staff of local boards but by others under arrangements made with the boards.
 
      (2) The order may provide that only the Secretary of State, or an organisation or individual of a description specified in the order, may provide the services.
 
      (3) This subsection applies to services-
 
 
    (a) which are required by local boards in connection with the exercise of their functions, but
 
    (b) which, with a view to obtaining better value for money or to improving the standard of the services or the efficiency of their provision, are better provided by persons other than the staff of local boards.
Approved premises.     9. - (1) The Secretary of State may approve premises in which accommodation is provided-
 
 
    (a) for persons granted bail in criminal proceedings (within the meaning of the Bail Act 1976), or
 
    (b) for, or in connection with, the supervision or rehabilitation of persons convicted of offences.
      (2) References in any enactment to an approved bail hostel or approved probation hostel are to be read as references to premises approved under this section.
 
      (3) Regulations may provide for the regulation, management and inspection of premises approved under this section.
 
      (4) The Secretary of State may at any time make payments of any amount he considers appropriate towards the expenditure of any person in carrying on, or enlarging or improving, any premises if the premises are approved under this section or the payment is made with a view to their approval.
 
Default powers.     10. - (1) The power conferred by this section is exercisable by the Secretary of State in respect of a local board if it appears to him that the board is failing to perform the functions conferred on it or that its arrangements for performing those functions do not represent good value for money.
 
      (2) The Secretary of State may make an order (a "management order") in respect of the board.
 
      (3) A management order may modify the application of Schedule 1 in relation to the board by-
 
 
    (a) providing for the board to comprise persons determined in accordance with an arrangement made between the Secretary of State and an organisation (a "management arrangement"), and
 
    (b) making any other modifications which appear to the Secretary of State to be necessary or expedient in consequence of that provision or of the management arrangement.
      (4) A management order may provide for the persons determined in accordance with the management arrangement to replace all or any of the chairman, the chief officer and the other existing members of the board; and vacancies occurring among the replacements are to be filled in accordance with the management arrangement.
 
      (5) The power to revoke a management order is exercisable at any time when the Secretary of State considers it necessary or expedient to revoke it.
 
      (6) On the revocation of a management order, any person who is a member of the board by virtue of the order and the arrangement ceases to be a member; and, accordingly, any vacancy occurring by virtue of the revocation is to be filled in accordance with Schedule 1 (unless the Secretary of State makes a new management order).
 
 
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