C1Part IV Provision of Services
Contracted out prisons
I188 Intervention by the Secretary of State.
1
This section applies where, in the case of a contracted out prison, it appears to the Secretary of State—
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 of preventing serious damage to any property.
2
The Secretary of State may appoint a Crown servant 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
F1the 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 shall comply with any directions given by the governor in the exercise of those functions.
4
Where the Secretary of State 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 Secretary of State shall give a notice of the appointment, or a copy of the notice of termination, to the contractor, F2any sub-contractor of his,the director and the controller.
Pt. IV (ss. 73-92) applied (30.6.1999) by 1999 c. 9, s. 1(2), Sch. 1 as added by 1991 c. 56, Sch. 4A para. 13(2)(a)