C1Part IV Provision of Services

Annotations:
Modifications etc. (not altering text)
C1

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)

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.