SCHEDULES
SCHEDULE 5 Minor and Consequential Amendments
Prisons (Scotland) Act 1989 (c. 45)
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1
The Prisons (Scotland) Act 1989 shall be amended as follows.
2
In section 12 (photographing and measuring of prisoners)—
a
for the words “The Secretary of State may make regulations as to” there shall be substituted the words “
Rules under section 39 of this Act may provide for
”
; and
b
the words “such regulations” shall cease to have effect.
3
In section 14(1) (legalised police cells), after the word “under” there shall be inserted the words “
section 39 of
”
.
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5
In section 21 (transfer to prison of persons over 21 etc.)—
a
in subsection (1), after the word “section” there shall be inserted the words “
but without prejudice to section 20A(2) of this Act
”
; and
b
in subsection (3), after the words “1975 Act” there shall be inserted the words “
the Prisoners and Criminal Proceedings (Scotland) Act 1993
”
.
6
In section 39(1) (rules for the management of prisons and other institutions)—
a
the word “and”, where it occurs for the third time, shall cease to have effect; and
b
at the end there shall be added the words “
and for any other matter as respects which it is provided in this Act that rules may be made under this section
”
.
7
In section 40(2) (no account to be taken, in calculating period of liability to detention, of period when unlawfully at large)—
a
after the word “institution”, where it first occurs, there shall be inserted the words “
or committed to a prison or remand centre
”
;
b
after the word “sentence” there shall be inserted the words “
or committal
”
;
c
for the words “or young offenders institution” there shall be substituted the words “
, young offenders institution or remand centre
”
; and
d
after the words “so detained,” there shall be inserted the words “
or the date on or by which a term or period of imprisonment or detention elapses or has been served,
”
.
8
In section 42(2) (procedure in relation to statutory instruments containing regulations or rules), for the words from “regulations” to the end there shall be substituted the words “
an order made under section 37(1) or rules made under section 39 of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament
”
.
9
In section 43 (interpretation)—
a
in subsection (1), the definition of “sentence of imprisonment” shall cease to have effect; and
b
in subsection (2), the words “(other than in section 25)” shall cease to have effect.