C1Part IV Provision of Services

Annotations:
Modifications etc. (not altering text)
C1

Pt. IV (ss. 73-92) applied (30.6.1999) by 1999 c. 9, s. 1(2), Sch. 1 as added by 1991 c. 56, Sch. 4A para. 13(2)(a)

Contracted out prisons

84F1Contracting out prisons etc.

1

The Secretary of State may enter into a contract with another person for the provision or running (or the provision and running) by him, or (if the contract so provides) for the running by sub-contractors of his, of any prison or part of a prison.

2

While a contract under this section for the running of a prison or part of a prison is in force—

a

the prison or part shall be run subject to and in accordance with sections 85 and 86 below, the 1952 Act (as modified by section 87 below) and prison rules; and

b

in the case of a part, that part and the remaining part shall each be treated for the purposes of sections 85 to 88A below as if they were separate prisons.

3

Where the Secretary of State grants a lease or tenancy of land for the purposes of any contract under this section, none of the following enactments shall apply to it, namely—

a

Part II of the M1Landlord and Tenant Act 1954 (security of tenure);

b

section 146 of the M2Law of Property Act 1925 (restrictions on and relief against forfeiture);

c

section 19(1), (2) and (3) of the M3Landlord and Tenant Act 1927 and the M4Landlord and Tenant Act 1988 (covenants not to assign etc.); and

d

the M5Agricultural Holdings Act 1986.

In this subsection “lease or tenancy” includes an underlease or sub-tenancy.

4

In this Part—

  • “contracted out prison” means a prison or part of a prison for the running of which a contract under this section is for the time being in force;

  • “the contractor”, in relation to a contracted out prison, means the person who has contracted with the Secretary of State for the running of it; and

  • “sub-contractor”, in relation to a contracted out prison, means a person who has contracted with the contractor for the running of it or any part of it.