SCHEDULES

SCHEDULE 10Contracting out secure colleges

PART 1Contracting out provision and running of secure colleges

Intervention by Secretary of State

12I1

1

This paragraph applies where it appears to the Secretary of State that—

a

the principal of a contracted-out secure college has lost effective control of the secure college or a part of it or is likely to do so, and

b

it is necessary for the Secretary of State to exercise the power under sub-paragraph (2) in the interests of preserving a person's safety or preventing serious damage to property.

2

The Secretary of State may appoint a Crown servant (the “appointed person”) to act as principal of the secure college for the period—

a

beginning at the time specified in the appointment, and

b

ending at the time specified in the notice of termination under sub-paragraph (4).

3

During that period—

a

all of the functions of the principal or monitor are to be carried out by the appointed person,

b

the contractor and any sub-contractor must take all reasonable steps to facilitate the carrying out by the appointed person of those functions, and

c

the officers of the secure college must comply with any directions given by the appointed person in carrying out those functions.

4

The Secretary of State must, by notice to the appointed person, terminate the person's appointment if satisfied that—

a

the person has secured effective control of the secure college or, as the case may be, the relevant part of it, and

b

the person's appointment is no longer necessary as mentioned in sub-paragraph (1)(b).

5

The Secretary of State must—

a

give notice of an appointment under this paragraph to the persons listed in sub-paragraph (6) as soon as practicable after making the appointment, and

b

give a copy of a notice of termination of such an appointment to those persons as soon as practicable after terminating it.

6

Those persons are—

a

the contractor,

b

any sub-contractor,

c

the principal, and

d

the monitor.