SCHEDULE 8 Minor and consequential amendments
Prisons (Scotland) Act 1989 (c.45)
71
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)
“(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.”