SCHEDULES
SCHEDULE 8 Minor and consequential amendments
Prisons (Scotland) Act 1989 (c.45)
I171
In section 39 of that Act (rules for the management of prisons)—
a
in subsection (7)—
i
at the beginning there shall be inserted the words “
Subject to subsection (7A) below,
”
;
ii
for the words “a short-term or long-term prisoner within the meaning of” there shall be substituted the words “
any person who is, or is treated as, a long-term or short-term prisoner for the purposes of any provision of
”
; and
iii
the words from “and the foregoing” to the end shall cease to have effect; and
b
after that subsection there shall be inserted the following subsections—
7A
Additional days shall not be awarded under rules made under subsection (7) above in respect of a sentence where the prisoner has at any time been released on licence, in relation to that sentence, under Part I of the M1Prisoners and Criminal Proceedings (Scotland) Act 1993; and any reference to a sentence in such rules shall be construed in accordance with section 27(5) of that Act.
7B
In the application of subsection (7) above to a prisoner subject to an extended sentence within the meaning of section 210A of the 1995 Act, the reference to his sentence shall be construed as a reference to the custodial term of that extended sentence.