Part VIII Prison Services and the Prison Service
E1 Chapter II Scotland
Contracted out prisons
111 Intervention by the Secretary of State.
1
This section applies where, in the case of a contracted out prison, it appears to the F1Scottish Ministers—
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 preventing serious damage to any property.
2
The F2Scottish Ministers may appoint a member of the staff of the Scottish Administration 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
the 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 F5and the medical officer or officers for the prison shall comply with any directions given by the governor in the exercise of those functions.
4
Where the F3Scottish Ministers 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 F4Scottish Ministers shall give a notice of the appointment, or a copy of the notice of termination, to the contractor, any sub-contractor of his, the director and the controller.
Pt. VIII Chapter II extends to Scotland only except that ss. 102(1) to (3), 104, 105 and 117 extend also to the British Islands so far as relating to the transfer of prisoners to or from premises situated in a part of the British Islands outside Scotland see s. 172(12)