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.