Offender Management Act 2007

3 Power to make arrangements for the provision of probation services

(1) This section applies to any probation provision which the Secretary of State considers ought to be made for any of the purposes mentioned in section 2(1).

(2) The Secretary of State may make contractual or other arrangements with any other person for the making of the probation provision.

(3) Arrangements under subsection (2) may in particular authorise or require that other person—

(a) to co-operate with other providers of probation services or persons who are concerned with the prevention or reduction of crime or with giving assistance to the victims of crime;

(b) to authorise individuals under section 9(2) to act as officers of a provider of probation services;

(c) to make contractual or other arrangements with third parties for purposes connected with the probation provision to be made, including in particular contractual or other arrangements—

(i) for provision to be made, or for activities to be carried out, by third parties on behalf of that other person; or

(ii) for individuals who are not members of that other person’s staff to act as officers of a provider of probation services.

(4) The Secretary of State may make provision for the performance of any function to which section 2(1)(c) applies by making arrangements under subsection (2) above providing for the delegation of that function to the other person.

(5) If instead of making arrangements under subsection (2) the Secretary of State considers it appropriate to make any probation provision himself, he shall make arrangements for the making of that probation provision (and for the avoidance of doubt the members of staff through whom he may act in making and carrying out those arrangements include prison officers or other persons employed at a prison).

(6) In this Part “provider of probation services” means—

(a) a person with whom the Secretary of State has made arrangements that are in force under subsection (2); or

(b) the Secretary of State (in relation to probation provision which is the subject of arrangements that are in force under subsection (5)).

(7) In carrying out functions under this Part in relation to arrangements under subsection (2) with another person (“the provider”), the Secretary of State shall have regard to the need to take reasonable steps to avoid (so far as practicable) the risk that—

(a) the provision, in pursuance of the arrangements, of assistance to a court or to the Parole Board for England and Wales, and

(b) the carrying out, in pursuance of the arrangements, of any other activities,

might be adversely affected by any potential conflict between the provider’s obligations in relation to those activities and the financial interests of the provider.