Criminal Justice and Public Order Act 1994

111 Intervention by the Secretary of State. S

(1) This section applies where, in the case of a contracted out prison, it appears to the [F1 Scottish Ministers]—

(a) that the director has lost or is likely to lose effective control of the prison or any part of it; and

(b) that the making of an appointment under subsection (2) below is necessary in the interests of preserving the safety of any person or preventing serious damage to any property.

(2) The [F2 Scottish Ministers may appoint a member of the staff of the Scottish Administration] to act as governor of the prison for the period—

(a) beginning with the time specified in the appointment; and

(b) ending with the time specified in the notice of termination under subsection (4) below.

(3) During that period—

(a) all the functions which would otherwise be exercisable by the director or the controller shall be exercisable by the governor;

(b) the contractor and any sub-contractor of his shall each do all that he reasonably can to facilitate the exercise by the governor of those functions; and

(c) the officers of the prison [F3 and the medical officer or officers for the prison] shall comply with any directions given by the governor in the exercise of those functions.

(4) Where the [F4 Scottish Ministers] is satisfied—

(a) that the governor has secured effective control of the prison or, as the case may be, the relevant part of it; and

(b) that the governor’s appointment is no longer necessary as mentioned in subsection (1)(b) above,

he shall, by a notice to the governor, terminate the appointment at a time specified in the notice.

(5) As soon as practicable after making or terminating an appointment under this section, the [F5 Scottish Ministers] shall give a notice of the appointment, or a copy of the notice of termination, to the contractor, any sub-contractor of his, the director and the controller.

Textual Amendments

F1 Words in s. 111(1) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 115(6)(a); S.I. 1998/3178, art. 2

F2 Words in s. 111(2) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 115(6)(b); S.I. 1998/3178, art. 2

F3 Words in s. 111(3)(c) inserted (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 110(5), 206(1); S.S.I. 2011/354, art. 2, sch.

F4 Words in s. 111(4) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 115(6)(c); S.I. 1998/3178, art. 2

F5 Words in s. 111(5) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 115(6)(d); S.I. 1998/3178, art. 2