Part IV Provision of Services

Contracted out prisons

84F1Contracting out prisons etc.

(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.

(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 sections 85 and 86 below, the 1952 Act (as modified by section 87 below) and prison rules; and

(b)

in the case of a part, that part and the remaining part shall each be treated for the purposes of sections 85 to 88A below as if they were separate prisons.

(3)

Where the Secretary of State grants a lease or tenancy of land for the purposes of any contract under this section, none of the following enactments shall apply to it, namely—

(a)

Part II of the M1Landlord and Tenant Act 1954 (security of tenure);

(b)

section 146 of the M2Law of Property Act 1925 (restrictions on and relief against forfeiture);

(c)

section 19(1), (2) and (3) of the M3Landlord and Tenant Act 1927 and the M4Landlord and Tenant Act 1988 (covenants not to assign etc.); and

(d)

the M5Agricultural Holdings Act 1986.

In this subsection “lease or tenancy” includes an underlease or sub-tenancy.

(4)

In this Part—

“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.