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Criminal Justice Act 1991
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Criminal Justice Act 1991, Section 87 is up to date with all changes known to be in force on or before 14 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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87 Consequential modifications of 1952 Act.E+W
(1)In relation to a contracted out prison, the provisions of the 1952 Act specified in subsections (2) to (8) below shall have effect subject to the modifications so specified.
(2)In section 7(1) (prison officers), the reference to a governor shall be construed as a reference to a director and a controller.
[F1(3)Section 8 (powers of prison officers) shall not apply (but this does not affect the powers of a prison officer who is temporarily attached to the prison).]
(4)In sections [F28A(3), (4) and (5)] 10(5), 12(3), 13(1) [F316A][F416B]and 19(1) and (3) (various functions of the governor of a prison), references to the governor shall be construed as references to the director.
[F5(4A)Section 11 (ejectment of prison officers and their families refusing to quit) shall not apply.]
[(5)In section 12(1) and (2) (place of confinement of prisoners), any reference to a prisoner or prisoners shall be construed as a reference to a remand prisoner or prisoners.]
(6)In section 13(2) (legal custody of prisoner), the reference to an officer of the prison shall be construed as a reference to a prisoner custody officer performing custodial duties at the prison [F6or a prison officer who is temporarily attached to the prison].
(7)In section 14(2) (cells), the reference to a prison officer shall be construed as a reference to a prisoner custody officer performing custodial duties at the prison [F6or a prison officer who is temporarily attached to the prison].
(8)Section 35 (vesting of prison property in the Secretary of State) shall have effect subject to the provisions of the contract entered into under section 84(1) above.
Textual Amendments
F1S. 87(3) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 20(2), 41(1); S.I. 2007/3001, art. 2(1)(e)
F2Words in s. 87(4) inserted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 20(3), 41(1); S.I. 2007/3001, art. 2(1)(e)
F3Words in s. 87(4) inserted (9.1.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 69; S.I. 1994/3192, art. 2, Sch.
F4Words in s. 87(4) inserted (21.5.1997) by 1997 c. 38, ss.2, 3(2).
F5S. 87(4A) inserted (3.11.1994) by 1994 c. 33, s. 97(4).
F6Words in s. 87(6)(7) inserted (3.11.1994) by 1994 c. 33, s. 97(5).
Modifications etc. (not altering text)
C1S. 87 has effect (9.7.1992) by S.I. 1992/1656, art. 3 as if s. 87(5) were omitted (which S.I. is revoked (24.2.1993) by S.I. 1993/368, art. 2.)
S. 87 has effect (24.02.1993) by S.I. 1993/368, art. 4 as if subsection (5) were omitted.
Commencement Information
I1S. 87 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
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