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.