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Baroness Blatch moved Amendment No. 188:


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

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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Amendment, by leave, withdrawn.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--

("Local Government Finance Act 1988 (c. 41)

. The Local Government Finance Act 1988 is amended as follows.
. In section 74(1)(c) (levies), for "magistrates' courts committee or probation committee" there is substituted "or magistrates' courts committee".
. In section 117(5)(c) (rates and precepts: abolition), for "magistrates' courts committee or probation committee" there is substituted "or magistrates' courts committee".").


    Page 68, leave out lines 40 to 43.


    Page 69, line 29, at end insert--


(". In section 58(4) (financial provisions applicable on cessation of controlled or assisted community home or disposal etc of premises)--
(a) in paragraph (a), "or" is omitted,
(b) in paragraph (b), after "hostels or homes" there is inserted--
"; or
(c) of sums paid under section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000 in relation to expenditure on approved premises (within the meaning of Part I of that Act)."").

4 Oct 2000 : Column 1665


    Page 69, line 29, at end insert--


(". In section 68(2)(d), (persons disqualified from being private foster parents), for "has been placed on probation or" there is substituted "a probation order has been made in respect of him or he has been".").


    Page 69, line 34, at end insert--


(". In Schedule 10 (amendments of adoption legislation), paragraph 29 is omitted.").


    Page 70, line 4, at end insert--


(". In section 34A(2)(c) (power to release short term prisoners on licence), for "4(1)(d) or 5(1)(d)" there is substituted "4(1C)(d) or 5(1C)(d)".").


    Page 70, leave out lines 6 to 12 and insert ("subsection (7) is omitted").


    Page 70, line 29, at end insert--


(". In Schedule 3 (reciprocal enforcement of certain orders), in paragraph 10--
(a) in sub-paragraphs (2)(b) and (3)(c) for "probation committee" there is substituted "local board",
(b) in sub-paragraph (3)(a), for "a probation officer assigned" there is substituted "an officer of a local board assigned",
(c) in sub-paragraph (3)(d), for "probation centre" there is substituted "community rehabilitation centre".").


    Page 70, line 29, at end insert--


(". In Schedule 3 (reciprocal enforcement of certain orders), in paragraph 11(4), for "4(1)(d), 5(1)(d)" there is substituted "4(1C)(d), 5(1C)(d)".").


    Page 70, line 31, leave out ("paragraph 2 is") and insert ("paragraphs 2 and 6(3) are").


    Page 70, leave out lines 39 to 42.


    Page 70, line 46, at end insert--

("Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

. In section 15(5) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (variation of supervised release order), for "probation officer" there is substituted "officer of a local board".").


    Page 71, leave out lines 5 to 27.


    Page 71, line 27, at end insert--

("Criminal Procedure (Scotland) Act 1995 (c. 46)

. The Criminal Procedure (Scotland) Act 1995 is amended as follows.
. In section 209(7) (supervised release orders), for "probation officer" there is substituted "officer of a local board".
. In section 228(2)(b) (probation orders), for "probation committee" there is substituted "local board".
. In section 234 (probation orders: persons residing in England and Wales)--
(a) in subsection (2), for "probation order made" there is substituted "community rehabilitation order made",
(b) in subsection (3)(c), for "probation committee" there is substituted "local board",
(c) in subsection (4)(a), after "probation orders" there is inserted "or, as the case may be, community rehabilitation orders",
(d) in subsection (5)(a), for "probation order" there is substituted "community rehabilitation order",
(e) in subsection (5)(b), for "combination order" there is substituted "community punishment and rehabilitation order",
(f) in subsection (10), for "probation orders" there is substituted "community rehabilitation orders".

4 Oct 2000 : Column 1666


. In section 242 (community service orders: persons residing in England and Wales)--
(a) in subsection (1)(a)(ii), for "community service order" there is substituted "community punishment order",
(b) in subsections (1)(a)(iii), (2)(b) and (3)(b), for "community service orders" there is substituted "community punishment orders",
(c) in subsection (3)(b)--
(i) for "probation committee" there is substituted "local board",
(ii) for "a probation officer" there is substituted "an officer of the board".
. In section 244 (community service orders: general provisions relating to persons living in England and Wales or Northern Ireland)--
(a) for subsection (3) there is substituted--
"(3) Subject to the following provisions of this section--
(a) a community service order made or amended in the circumstances specified in section 242 shall be treated as if it were a community punishment order made in England and Wales and the legislation relating to community punishment orders which has effect in England and Wales shall apply accordingly; and
(b) a community service order made or amended in the circumstances specified in section 243 shall be treated as if it were a community service order made in Northern Ireland and the legislation relating to community service orders which has effect in Northern Ireland shall apply accordingly."
(b) in subsections (4)(a) and (6), after "community service orders" there is inserted "or, as the case may be, community punishment orders",
(c) in subsection (5), after "a community service order" there is inserted "or, as the case may be, a community punishment order".
. In section 307(1) (interpretation), at the appropriate place there is inserted--
""local board" means a local board established under section 4 of the Criminal Justice and Court Services Act 2000";").


    Page 71, leave out lines 28 to 30.


    Page 72, line 49, at end insert--

("Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))

.The Criminal Justice (Northern Ireland) Order 1996 is amended as follows.
. In Article 10(1A) (probation orders) as it has effect pursuant to paragraph 10(1) of Schedule 3 to the Criminal Justice Act 1991 (reciprocal enforcement of certain orders), for "probation committee" there is substituted "local board".
. In Article 13(4)(b) (community service orders in respect of convicted persons) as it has effect pursuant to paragraph 7(1) of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements), for "such orders" there is substituted "community punishment orders".").


    Page 73, line 13, leave out from ("order") to ("section") and insert ("has been made under subsection (2) of").


    Page 73, line 15, after ("2000") insert ("or a direction under subsection (5) of that section has been given or will be required to be given at the appropriate stage").


    Page 73, line 18, at end insert ("or, in the case of a life prisoner in respect of whom a direction under subsection (5) of that section has not been given but will be required to be given at the appropriate stage, the whole of his sentence,


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