Criminal Justice and Public Order Act 1994

106 Contracting out of prisons. S

(1) The [F1 Scottish Ministers] 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 in Scotland.

(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—

(i) sections 107 and 108 below; and

(ii) the 1989 Act and prison rules and directions made under or by virtue of that Act (all as modified by section 110 below); and

(b) in the case of a part, that part and the remaining part shall each be treated for the purposes of sections 107 to 112 below as if they were separate prisons.

(3) Where the [F1 Scottish Ministers]grants a lease for the purpose of any contract under this section, none of the following enactments shall apply to it—

(a) sections 4 to 7 of the M1 Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (irritancy clauses); and

(b) the M2 Agricultural Holdings (Scotland) Act 1991 [F2 and the Agricultural Holdings (Scotland) Act 2003 (asp 11)] .

In this subsection “lease” includes a sub-lease.

(4) In this Chapter—

• “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 [F1 Scottish Ministers] 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.

Textual Amendments

F1 Words in s. 106 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I, para. 115(3); S.I. 1998/3178, art. 2

F2 Words in s. 106(3)(b) inserted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), ss. 94, 95(3)(4), Sch. para. 50 (with s. 95(1)); S.S.I. 2003/548, art. 2(i)

Marginal Citations

M1 1985 c.73.

M2 1991 c.55.