Criminal Justice and Public Order Act 1994

113 Provision of new prisons. S

(1) The [F1 Scottish Ministers] may declare to be a prison—

(a) any building or part of a building built or adapted for the purpose; and

(b) any floating structure or part of such a structure constructed or adapted for the purpose,

whether vested in, or under the control of, the [F1 Scottish Ministers] or any other person.

(2) Section 106(1) and subsection (1) above are without prejudice to the [F1 Scottish Ministers] powers under the 1989 Act with respect to the provision of prisons.

(3) A declaration under subsection (1) above—

(a) shall have effect for the purposes of the 1989 Act and any other enactment (including an enactment contained in subordinate legislation);

(b) shall not be sufficient to vest the legal estate in any building or structure in the [F1 Scottish Ministers]; and

(c) may be revoked by the [F1 Scottish Ministers] at any time other than a time when the prison to which it relates is a contracted out prison.

(4) Nothing in section 36 of the 1989 Act (prison property to be vested in the [F1 Scottish Ministers]) shall require the legal estate in—

(a) any prison provided under a contract entered into under section 106(1) above;

(b) any prison declared to be such under subsection (1) above and not vested in the [F1 Scottish Ministers]; or

(c) any heritable or moveable property belonging to any prison mentioned in paragraph (a) or (b) above,

to be vested in the [F1 Scottish Ministers].

Textual Amendments

F1 Words in s. 113 substituted (1.7.1999) by S.I 1999/1820, arts. 1(2), 4, Sch. 2, Pt. I para. 115(7); S.I. 1998/3178, art. 2