Part IVE+W Provision of Services

Modifications etc. (not altering text)

C1Pt. 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)

[F1Contracted out functionsE+W

Textual Amendments

F1S. 88A and cross heading inserted (3.11.1994) by 1994 c. 33, s.99.

F288A Contracted out functions at directly managed prisons.E+W

(1)The Secretary of State may enter into a contract with another person for any functions at a directly managed prison to be performed by prisoner custody officers who are provided by that person and are authorised to perform custodial duties.

(2)[F3Sections 86 and 86A] above shall apply in relation to a prisoner custody officer performing contracted out functions at a directly managed prison as [F4they apply] in relation to such an officer performing custodial duties at a contracted out prison.

(3)In relation to a directly managed prison—

(a)the reference in section 13(2) of the 1952 Act (legal custody of prisoners) to an officer of the prison; and

(b)the reference in section 14(2) of that Act (cells) to a prison officer,

shall each be construed as including a reference to a prisoner custody officer performing custodial duties at the prison in pursuance of a contract under this section.

(4)Any reference in subsections (1) to (3) above to the performance of functions or custodial duties at a directly managed prison includes a reference to the performance of functions or such duties for the purposes of, or for purposes connected with, such a prison.

(5)In this Part—

  • “contracted out functions” means any functions which, by virtue of a contract under this section, fall to be performed by prisoner custody officers;

  • “directly managed prison” means a prison which is not a contracted out prison.]

Textual Amendments

F2S. 88A and cross heading inserted (3.11.1994) by 1994 c. 33, s.99.