Part VIII Prison Services and the Prison Service

Chapter I England and Wales

Contracted out prisons etc.

96 Contracted out parts of prisons, etc.

For section 84 of the 1991 Act there shall be substituted the following section—

“84 Contracting out prisons etc.

(1)

The Secretary of State may enter into a contract with another person for the provision or running (or the provision and running) by him, or (if the contract so provides) for the running by sub-contractors of his, of any prison or part of a prison.

(2)

While a contract under this section for the running of a prison or part of a prison is in force—

(a)

the prison or part shall be run subject to and in accordance with sections 85 and 86 below, the 1952 Act (as modified by section 87 below) and prison rules; and

(b)

in the case of a part, that part and the remaining part shall each be treated for the purposes of sections 85 to 88A below as if they were separate prisons.

(3)

Where the Secretary of State grants a lease or tenancy of land for the purposes of any contract under this section, none of the following enactments shall apply to it, namely—

(a)

Part II of the M1Landlord and Tenant Act 1954 (security of tenure);

(b)

section 146 of the M2Law of Property Act 1925 (restrictions on and relief against forfeiture);

(c)

section 19(1), (2) and (3) of the M3Landlord and Tenant Act 1927 and the M4Landlord and Tenant Act 1988 (covenants not to assign etc.); and

(d)

the M5Agricultural Holdings Act 1986.

In this subsection “lease or tenancy” includes an underlease or sub-tenancy.

(4)

In this Part—

“contracted out prison” means a prison or part of a prison for the running of which a contract under this section is for the time being in force;

“the contractor”, in relation to a contracted out prison, means the person who has contracted with the Secretary of State for the running of it; and

“sub-contractor”, in relation to a contracted out prison, means a person who has contracted with the contractor for the running of it or any part of it.”.

97 Temporary attachment of prison officers.

(1)

At the end of subsection (1) of section 85 of the 1991 Act (officers of contracted out prisons) there shall be inserted the words “ or a prison officer who is temporarily attached to the prison ”.

(2)

At the end of paragraph (b) of subsection (4) of that section there shall be inserted the words “ or prison officers who are temporarily attached to the prison ”.

(3)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

After subsection (4) of that section there shall be inserted the following subsection—

“(4A)

Section 11 (ejectment of prison officers and their families refusing to quit) shall not apply.”.

(5)

At the end of subsections (6) and (7) of that section there shall be inserted the words “ or a prison officer who is temporarily attached to the prison ”.

98 Prisoners temporarily out of prison.

After subsection (1) of section 92 of the 1991 Act (interpretation of Part IV) there shall be inserted the following subsection—

“(1A)

Any reference in this Part to custodial duties at a contracted out prison includes a reference to custodial duties in relation to a prisoner who is outside such a prison for temporary purposes.”.