Prisons (Scotland) Act 1989

Central administration S

1 General control over prisons in Scotland. S

All powers and jurisdiction in relation to prisons and prisoners which before the commencement of the M1 Prisons (Scotland) Act 1877 were exercisable by any other authority shall, subject to the provisions of this Act, continue to be exercisable by the Secretary of State.

Marginal Citations

M1 1877 c. 53.

F1 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F1 S. 2 repealed (1.7.1999) by 1998 c. 46, s. 125(1)(2), Sch. 8 para. 27(2), Sch. 9; S.I. 1998/3178, art. 2

3 General superintendence of prisons. S

(1) The general superintendence of prisons shall be vested in the Secretary of State.

[F2 (1A) Every prison shall have a governor and such other officers as may be necessary.]

F3 (2) The Secretary of State shall appoint to each prison a chaplain being a minister or a licentiate of the Church of Scotland.

(3) The Secretary of State shall make contracts and do all other acts necessary for the maintenance of the prisons and prisoners therein.

(4) There shall be provided such office accommodation in connection with the general superintendence of prisons as the Secretary of State, with the consent of the Treasury, may determine.

Textual Amendments

F2 S. 3(1A) substituted for words following “Secretary of State” in s. 3(1) (1.7.1999) by 1998 c. 46, s. 125(1), Sch. 8 para. 27(3); S.I. 1998/3178, art. 2

F3 S. 3(2) excluded (18.9.1998) by S.I. 1998/2251, art. 16(1)

Modifications etc. (not altering text)

C1 S. 3 modified (3.2.1995) by 1994 c. 33, s. 110(2); S.I. 1995/127, art. 2(1), Sch. 1

[F4 3A Medical officers for prisons S

(1) The Scottish Ministers must designate one or more medical officers for each prison.

(2) A person may be designated as a medical officer for a prison only if the person is a registered medical practitioner performing primary medical services for prisoners at the prison under the National Health Service (Scotland) Act 1978 (c.29).

(3) A medical officer has the functions that are conferred on a medical officer for a prison by or under this Act or any other enactment.

(4) A medical officer is not an officer of the prison for the purposes of this Act.

(5) Rules under section 39 of this Act may provide for the governor of a prison to authorise the carrying out by officers of the prison of a search of any person who is in, or is seeking to enter, the prison for the purpose of providing medical services for any prisoner at the prison.

(6) Nothing in rules made by virtue of subsection (5) allows the governor to authorise an officer of a prison to require a person to remove any of the person's clothing other than an outer coat, jacket, headgear, gloves and footwear.]

Textual Amendments

F4 S. 3A substituted (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 110(1), 206(1); S.S.I. 2011/354, art. 2, Sch.

4 General duties in relation to prisons. S

(1) Subject to any directions of the Secretary of State officers duly authorised by him shall visit and inspect all prisons and examine the state of the buildings, the conduct of officers, the treatment and conduct of the prisoners and all other matters concerning the management of prisons.

(2) The Secretary of State may, by himself or by any authorised officer, exercise in relation to any prison and the prisoners therein all powers and jurisdiction exercisable by the prison authority of a prison by virtue of any Act of Parliament or by any rules duly made thereunder.

5 Report to Parliament. S

(1) The Secretary of State shall, at such time or times as he may think fit, cause a report to be prepared of the condition of the prisons and prisoners, and shall lay such report before Parliament.

(2) A report prepared under subsection (1) above shall state the various manufacturing processes carried on in each prison with such particulars as to the kinds and quantities of, and the commercial value of the labour on, the manufactures, and as to the number of prisoners employed and otherwise as may in the opinion of the Secretary of State be best calculated to afford information to Parliament.

6 Annual return of punishments. S

The Secretary of State shall make a yearly return to Parliament of all punishments inflicted within each prison and the offences for which they were inflicted.

7 Appointment and functions of Her Majesty’s Chief Inspector of Prisons for Scotland. S

(1) Her Majesty may appoint a person to be Chief Inspector of Prisons for Scotland.

(2) It shall be the duty of the Chief Inspector[F5 —(a)]to inspect or arrange for the inspection of prisons in Scotland and to report to the [F6 Scottish Ministers] on them [F7 ; and.

F7 (b) to inspect the conditions in which prisoners are transported or held in pursuance of prisoner escort arrangements (within the meaning of section 102 of the M2 Criminal Justice and Public Order Act 1994) and to report to the [F6 Scottish Ministers] on them.]

(3) The Chief Inspector shall in particular report to the [F6 Scottish Ministers] on the treatment of prisoners and conditions in prisons.

(4) The [F6 Scottish Ministers]may refer specific matters connected with prisons in Scotland and prisoners in them to the Chief Inspector and direct him to report on them.

(5) The Chief Inspector shall in each year submit to the [F6 Scottish Ministers] a report in such form as the [F6 Scottish Ministers] may direct, and the [F6 Scottish Ministers]shall lay a copy of that report before Parliament.

(6) The Chief Inspector shall be paid such salary and allowances as the [F8 Scottish Ministers may] determine.

(7) In this section, references to prisons include legalised police cells within the meaning of section 14(1) of this Act.

Textual Amendments

F5 Word “-(a)”in s. 7(2) inserted (3.2.1995) by 1994 c. 33, s. 103(2)(a); S.I. 1995/127, art. 2, Sch. 1

F6 Words in s. 7(2)(a)(b)(3)(4)(5) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 98(2)(a); S.I. 1998/3178, art. 3

F7 S. 7(2)(b) and the preceding “and”inserted (3.2.1995) by 1994 c. 33, s. 103(2)(b); S.I. 1995/127, art. 2, Sch. 1

F8 Words in s. 7(6) substituted (1.7.1999) by S.I. 1999/1820, art. 1(2), 4, Sch. 2 Pt. I para. 98(2)(b); S.I. 1998/3178, art. 3

Modifications etc. (not altering text)

C2 S. 7 excluded (18.9.1998) by S.I. 1998/2251, art. 16(1)

Marginal Citations

M2 1994 c. 33.

8 Visiting committees. S

(1) Rules made under section 39 of this Act shall provide for the constitution, for prisons, of visiting committees appointed,

[F9 (a) by such—

(i) community justice authorities, or

(ii) councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994,

(b) at such times,

(c) in such manner, and

(d) for such periods,

as may be prescribed by the rules. ]

(2) Rules made under section 39 of this Act shall prescribe the functions of visiting committees, and shall among other things require the members to pay frequent visits to the prison and hear any complaints which may be made by the prisoners and report to the Secretary of State any matter which they consider it expedient to report; and any member of a visiting committee may at any time enter the prison and shall have free access to every part thereof and to every prisoner.

(3) The Secretary of State may pay—

(a) to the members of any visiting committee appointed under or in pursuance of this section such allowances in respect of loss of earnings or travelling or subsistence or other expenses necessarily suffered or incurred in the performance of their duties, and

(b) to the officers of any such committee such remuneration (whether by way of salary or fees) and such allowances in respect of travelling or subsistence expenses,

as the Secretary of State may with the consent of the Treasury determine.

Textual Amendments

F9 Words in s. 8(1) substituted (2.4.2007) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(6), 24(2); S.S.I. 2006/545, art. 2

Modifications etc. (not altering text)

C3 S. 8 excluded (18.9.1998) by S.I. 1998/2251, art. 16(1)

9 Appointment of prison ministers. S

(1) Where in any prison the number of prisoners who belong to a religious denomination other than the Church of Scotland is such as in the opinion of the Secretary of State to require the appointment of a minister of that denomination, the Secretary of State may appoint such a minister to that prison.

(2) The Secretary of State may pay a minister appointed under the foregoing subsection such remuneration as he thinks reasonable.

(3) The Secretary of State may allow a minister of any denomination other than the Church of Scotland to visit prisoners of his denomination in a prison to which no minister of that denomination has been appointed under this section.

(4) No prisoner shall be visited against his will by such a minister as is mentioned in the last foregoing subsection; but every prisoner not belonging to the Church of Scotland shall be allowed, in accordance with the arrangements in force in the prison in which he is confined, to attend chapel or to be visited by the chaplain.

(5) The governor of a prison shall on the reception of each prisoner record the religious denomination to which the prisoner declares himself to belong, and shall give to any minister who under this section is appointed to the prison or permitted to visit prisoners therein a list of the prisoners who have declared themselves to belong to his denomination; and the minister shall not be permitted to visit any other prisoners.

Modifications etc. (not altering text)

C4 S. 9 excluded (18.9.1998) by S.I. 1998/2251, art. 16(1)

C5 S. 9(5) modified (3.2.1995) by 1994 c. 33, s. 110(3); S.I. 1995/127, art. 2(1), Sch. 1