90.Section 10 amends section 3 of the Offender Management Act 2007 (the 2007 Act), which provides the Secretary of State with powers to make arrangements for probation provision either himself or by making contractual or other arrangements with any other person.
91.Section 10 inserts a new subsection (6A) in section 3 of the 2007 Act, which requires the Secretary of State to ensure that contracts or other arrangements providing for the supervision or rehabilitation of offenders must:
State that the Secretary of State has complied with the public sector equality duty in section 149 of the Equality Act 2010 as it relates to female offenders; and
Identify anything in the arrangements that is intended to meet the particular needs of female offenders.
92.This new duty applies where the Secretary of State enters into arrangements with any other person (under section 3(2) of the 2007 Act) and where he undertakes the provision himself (under section 3(5) of the 2007 Act). The new duty applies only in the context of arrangements for the supervision and rehabilitation of offenders, and requires the Secretary of State to record that he has complied with the public sector equality duty in the specific context of female offenders. As such, it does not affect the wider application of the public sector equality duty.