Criminal Justice Act 1991

84 Contracting out of certain prisons

(1) The Secretary of State may enter into a contract with another person for the running by him of any prison which—

(a) is established after the commencement of this section; and

(b) is for the confinement of remand prisoners, that is to say, persons charged with offences who are remanded in or committed to custody pending their trial, or persons committed to custody on their conviction who have not been sentenced for their offences;

and while such a contract is in force, the prison to which it relates 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.

(2) In this Part—

• “contracted out prison” means a prison as respects which such a contract is for the time being in force;

• “the contractor”, in relation to such a prison, means the person who has contracted to run it.

(3) The Secretary of State may by order made by statutory instrument provide that this section shall have effect as if there were omitted from subsection (1) above either—

(a) paragraph (a) and the word “and” immediately following that paragraph; or

(b) paragraph (b) and the said word “and”; or

(c) the words from “which”, in the first place where it occurs, to the end of paragraph (b).

(4) An order under subsection (3)(b) or (c) above shall provide that section 87 below shall have effect as if subsection (5) were omitted.

(5) No order shall be made under subsection (3) above unless a draft of the order has been laid before and approved by resolution of each House of Parliament.