Criminal Justice and Public Order Act 1994

106 Contracting out of prisons

(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 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 Secretary of State 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 [1985 c. 73.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (irritancy clauses); and

(b) the [1991 c. 55.] Agricultural Holdings (Scotland) Act 1991.

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 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.