Part VIII U.K. Prison Services and the Prison Service

Chapter II U.K. Scotland

Extent Information

E1 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)

Supplemental U.K.

117 Interpretation of Chapter II. U.K.

(1) In this Chapter, except where otherwise expressly provided—

• “the 1989 Act” means the M1 Prisons (Scotland) Act 1989;

• “contracted out prison” and “the contractor” have the meanings given by section 106(4) above;

• “contracted out functions” and “directly managed prison” have the meanings given by section 112(7) above;

• “custodial duties” means custodial duties at a contracted out or a directly managed prison;

• “escort functions” has the meaning given by section 102(1) above;

• “prison” includes—

  (a)

  any prison other than a naval, military or air force prison; and

  (b)

  a remand centre or young offenders institution within the meaning of section 19 of the 1989 Act;

• “prison officer” means an officer of a directly managed prison;

• “prison rules” means rules made under section 39 of the 1989 Act;

• “prisoner” means any person who is in legal custody or is deemed to be in legal custody under [F1 section 295 of the Criminal Procedure (Scotland) Act 1995];

• “prisoner custody officer” has the meaning given by section 114(1) above;

• “prisoner escort arrangements” has the meaning given by section 102(4) above; and

• “sub-contractor” has the meaning given by section 106(4) above.

(2) Any reference in this Chapter to custodial duties at a contracted out or directly managed prison includes a reference to custodial duties in relation to a prisoner who is outside such a prison for temporary purposes.

(3) In sections 102(1) to (3), 104 and 105 above, “prison”—

(a) so far as relating to the transfer of prisoners to or from a prison situated in England and Wales, includes a young offender institution and a remand centre; and

(b) so far as relating to the transfer of prisoners to or from a prison situated in Northern Ireland, includes a young offenders centre and a remand centre.

Extent Information

E2 S. 117 extends to Scotland and the British Islands see s. 172(12)

Textual Amendments

F1 Words in definition of “prisoner” in s. 117(1) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 93(5) (with Sch. 3)

Marginal Citations

M1 1989 c. 45.