The Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999

Criminal Justice and Public Order Act 1994 (c. 33)

115.—(1) The Criminal Justice and Public Order Act 1994 is amended as follows.

(2) In section 103(1) (monitoring of prisoner escort arrangements)–

(a) for “Crown servant”, there is substituted “member of the staff of the Scottish Administration”; and

(b) for “Secretary of State”, in each place where those words appear, there is substituted “Scottish Ministers”.

(3) In section 106 (contracting-out of prisons), for “Secretary of State”, in each place where those words appear, there is substituted “Scottish Ministers”.

(4) In section 107 (officers of contracted-out prisons)(1)–

(a) in subsection (1)–

(i) for “Secretary of State” in each place where those words appear, there is substituted “Scottish Ministers”; and

(ii) for “Crown servant” there is substituted “member of the staff of the Scottish Administration”;

(b) in subsection (4), for “Secretary of State”, in each place where those words appear, there is substituted “Scottish Ministers”; and

(c) in subsection (7), for “Secretary of State” there is substituted “Scottish Ministers”.

(5) In section 110(2) (consequential modifications of the 1989 Act, Prison Rules and Directions), for paragraph (a) there is substituted–

“(a) subsection (1A) shall not apply;”.

(6) In section 111 (intervention by the Secretary of State)–

(a) in subsection (1), for “Secretary of State” there is substituted “Scottish Ministers”;

(b) in subsection (2), for “Secretary of State may appoint a Crown servant” there is substituted “Scottish Ministers may appoint a member of the staff of the Scottish Administration”;

(c) in subsection (4), for “Secretary of State” there is substituted “Scottish Ministers”; and

(d) in subsection (5), for “Secretary of State” there is substituted “Scottish Ministers”.

(7) In section 113 (provision of new prisons), for “Secretary of State”, in each place where those words appear, there is substituted “Scottish Ministers”.

(8) In section 114(1) (prisoner custody officers: general provisions), for “Secretary of State”, in each place where those words appear, there is substituted “Scottish Ministers”.

(9) In section 115 (wrongful disclosure of information), for “Secretary of State” there is substituted “Scottish Ministers”.

(10) In section 127 (inducements to withhold services or to indiscipline)–

(a) in subsections (2) and (3), after “Secretary of State” there is inserted “or, in Scotland, to the Scottish Ministers”;

(b) in subsection (4)(b), for “under section 3(1)” there is substituted “for the purposes of section 3(1A)”; and

(c) in subsection (8), after “Secretary of State” there is inserted “or in Scotland, the Scottish Ministers”.

(1)

Section 107(7) was inserted by section 43(4) of the Crime and Punishment (Scotland) Act 1997 (c. 48).