Central administration
1 General control over prisons.
All powers and jurisdiction in relation to prisons and prisoners which before the commencement of the M1Prison Act 1877 were exercisable by any other authority shall, subject to the provisions of this Act, be exercisable by the Secretary of State.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1
3X1Officers and servants of Prison Commissioners.
1
2
4X2General duties of Prison Commissioners.
1
F5The Secretary of State shall have the general superintendence of prisons and shall make the contracts and do the other acts necessary for the maintenance of prisons and the maintenance of prisoners.
2
F5Officers of the Secretary of State duly authorised in that behalf, shall visit all prisons and examine the state of buildings, the conduct of officers, the treatment and conduct of prisoners and all other matters concerning the management of prisons and shall ensure that the provisions of this Act and of any rules made under this Act are duly complied with.
3
F5The Secretary of State and his officers may exercise all powers and jurisdiction exercisable at common law, by Act of Parliament, or by charter by visiting justices of a prison.
5X3Annual report of Prison Commissioners.
F61
The Secretary of State shall issue an annual report on every prison and shall lay every such report before Parliament.
2
The report shall contain—
a
a statement of the accommodation of each prison and the daily average and highest number of prisoners confined therein;
b
such particulars of the work done by prisoners in each prison, including the kind and quantities of articles produced and the number of prisoners employed, as may in the opinion of the Secretary of State give the best information to Parliament;
c
a statement of the punishments inflicted in each prison and of the offences for which they were inflicted, . . . F7
F665A Appointment and functions of Her Majesty’s Chief Inspector of Prisons.
1
Her Majesty may appoint a person to be Chief Inspector of Prisons.
2
It shall be the duty of the Chief Inspector to inspect or arrange for the inspection of prisons in England and Wales and to report to the Secretary of State on them.
3
The Chief Inspector shall in particular report to the Secretary of State on the treatment of prisoners and conditions in prisons.
4
The Secretary of State may refer specific matters connected with prisons in England and Wales and prisoners in them to the Chief Inspector and direct him to report on them.
5
The Chief Inspector shall in each year submit to the Secretary of State a report in such form as the Secretary of State may direct, and the Secretary of State shall lay a copy of that report before Parliament.
6
The Chief Inspector shall be paid such salary and allowances as the Secretary of State may with the consent of the Treasury determine.
Visiting committees and boards of visitors
6X4Visiting committees and boards of visitors.
1
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C12
The Secretary of State shall appoint for every prison . . . F9 a board of visitors of whom not less than two shall be justices of the peace.
3
Rules made as aforesaid shall prescribe the functions of . . . F9 boards of visitors and shall among other things require members to pay frequent visits to the prison and hear any complaints which may be made by the prisoners and report to the Secretary of State any matter which they consider it expedient to report; and any member of a . . . F9 board of visitors may at any time enter the prison and shall have free access to every part of it and to every prisoner.
4
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prison officers
7 Prison officers.
C21
Every prison shall have a governor, a chaplain and a medical officer and such other officers as may be necessary.
2
Every prison in which women are received shall have a sufficient number of women officers; . . . F10
3
A prison which in the opinion of the Secretary of State is large enough to require it may have a deputy governor or an assistant chaplain or both.
4
The chaplain and any assistant chaplain shall be a clergyman of the Church of England and the medical officer shall be duly registered under the Medical Acts.
5
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C38 Powers of prison officers.
Every prison officer while acting as such shall have all the powers, authority, protection and privileges of a constable.
C48AF14 Powers of search by authorised employees.
1
An authorised employee at a prison shall have the power to search any prisoner for the purpose of ascertaining whether he has any unauthorised property on his person.
2
An authorised employee searching a prisoner by virtue of this section—
a
shall not be entitled to require a prisoner to remove any of his clothing other than an outer coat, jacket, headgear, gloves and footwear;
b
may use reasonable force where necessary; and
c
may seize and detain any unauthorised property found on the prisoner in the course of the search.
3
In this section “authorised employee” means an employee of a description for the time being authorised by the governor to exercise the powers conferred by this section.
4
The governor of a prison shall take such steps as he considers appropriate to notify to prisoners the descriptions of persons who are for the time being authorised to exercise the powers conferred by this section.
5
In this section “unauthorised property”, in relation to a prisoner, means property which the prisoner is not authorised by prison rules or by the governor to have in his possession or, as the case may be, in his possession in a particular part of the prison.
9 Exercise of office of chaplain.
1
A person shall not officiate as chaplain of two prisons unless the prisons are within convenient distance of each other and are together designed to receive not more than one hundred prisoners.
2
Notice of the nomination of a chaplain or assistant chaplain to a prison shall, within one month after it is made, be given to the bishop of the diocese in which the prison is situate; and the chaplain or assistant chaplain shall not officiate in the prison except under the authority of a licence from the bishop.
10 Appointment of prison ministers.
1
Where in any prison the number of prisoners who belong to a religious denomination other than the Church of England is such as in the opinion of the Secretary of State to require the appointment of a minister of that denomination, the Secretary of State may appoint such a minister to that prison.
2
The Secretary of State may pay a minister appointed under the preceding subsection such remuneration as he thinks reasonable.
3
F12The Secretary of State may allow a minister of any denomination other than the Church of England to visit prisoners of his denomination in a prison to which no minister of that denomination has been appointed under this section.
4
No prisoner shall be visited against his will by such a minister as is mentioned in the last preceding subsection; but every prisoner not belonging to the Church of England shall be allowed, in accordance with the arrangements in force in the prison in which he is confined, to attend chapel or to be visited by the chaplain.
C55
The governor of a prison shall on the reception of each prisoner record the religious denomination to which the prisoner declares himself to belong, and shall give to any minister who under this section is appointed to the prison or permitted to visit prisoners therein a list of the prisoners who have declared themselves to belong to his denomination; and the minister shall not be permitted to visit any other prisoners.
C611 Ejectment of prison officers and their families refusing to quit.
1
Where any living accommodation is provided for a prison officer or his family by virtue of his office, then, if he ceases to be a prison officer or is suspended from office or dies, he, or, as the case may be, his family, shall quit the accommodation when required to do so by notice of F13the Secretary of State.
2
Where a prison officer or the family of a prison officer refuses or neglects to quit the accommodation forty–eight hours after the giving of such a notice as aforesaid, any two justices of the peace, on proof made to them of the facts authorising the giving of the notice and of the service of the notice and of the neglect or refusal to comply therewith, may, by warrant under their hands and seals, direct any constable, within a period specified in the warrant, to enter by force, if necessary, into the accommodation and deliver possession of it to F13a person acting on behalf of the Secretary of State.
Confinement and treatment of prisoners
12 Place of confinement of prisoners.
C71
A prisoner, whether sentenced to imprisonment or committed to prison on remand or pending trial or otherwise, may be lawfully confined in any prison.
C72
Prisoners shall be committed to such prisons as the Secretary of State may from time to time direct; and may by direction of the Secretary of State be removed during the term of their imprisonment from the prison in which they are confined to any other prison.
C83
A writ, warrant or other legal instrument addressed to the governor of a prison and identifying that prison by its situation or by any other sufficient description shall not be invalidated by reason only that the prison is usually known by a different description.
13 Legal custody of prisoner.
C261
Every prisoner shall be deemed to be in the legal custody of the governor of the prison.
C272
A prisoner shall be deemed to be in legal custody while he is confined in, or is being taken to or from, any prison and while he is working, or is for any other reason, outside the prison in the custody or under the control of an officer of the prison F67and while he is being taken to any place to which he is required or authorised by or under this Act F68or the Criminal Justice Act 1982to be taken, or is kept in custody in pursuance of any such requirement or authorisation.
14 Cells. C9
1
The Secretary of State shall satisfy himself from time to time that in every prison sufficient accommodation is provided for all prisoners.
C102
No cell shall be used for the confinement of a prisoner unless it is certified by an inspector that its size, lighting, heating, ventilation and fittings are adequate for health and that it allows the prisoner to communicate at any time with a prison officer.
3
A certificate given under this section in respect of any cell may limit the period for which a prisoner may be separately confined in the cell and the number of hours a day during which a prisoner may be employed therein.
4
The certificate shall identify the cell to which it relates by a number or mark and the cell shall be marked by that number or mark placed in a conspicuous position; and if the number or mark is changed without the consent of an inspector the certificate shall cease to have effect.
5
An inspector may withdraw a certificate given under this section in respect of any cell if in his opinion the conditions of the cell are no longer as stated in the certificate.
C116
In every prison special cells shall be provided for the temporary confinement of refractory or violent prisoners.
15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F15
16 Photographing and measuring of prisoners.
The Secretary of State may make regulations as to the measuring and photographing of prisoners and such regulations may prescribe the time or times at which and the manner and dress in which prisoners shall be measured and photographed and the number of copies of the measurements and photographs of each prisoner which shall be made and the persons to whom they shall be sent.
16AF24 Testing prisoners for drugs.
1
If an authorisation is in force for the prison, any prison officer may, at the prison, in accordance with prison rules, require any prisoner who is confined in the prison to provide a sample of urine for the purpose of ascertaining whether he has any drug in his body.
2
If the authorisation so provides, the power conferred by subsection (1) above shall include power to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of urine.
3
In this section—
“authorisation” means an authorisation by the governor;
“drug” means any drug which is a controlled drug for the purposes of the M2Misuse of Drugs Act 1971;
“intimate sample” has the same meaning as in Part V of the M3Police and Criminal Evidence Act 1984;
“prison officer” includes a prisoner custody officer within the meaning of Part IV of the Criminal Justice Act 1991; and
“prison rules” means rules under section 47 of this Act.
F2516BF25 Power to test prisoners for alcohol.
1
If an authorisation is in force for the prison, any prison officer may, at the prison, in accordance with prison rules, require any prisoner who is confined in the prison to provide a sample of breath for the purpose of ascertaining whether he has alcohol in his body.
2
If the authorisation so provides, the power conferred by subsection (1) above shall include power—
a
to require a prisoner to provide a sample of urine, whether instead of or in addition to a sample of breath, and
b
to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of breath, a sample of urine or both.
3
In this section—
“authorisation” means an authorisation by the governor;
“intimate sample” has the same meaning as in Part V of the M4Police and Criminal Evidence Act 1984;
“prison officer” includes a prisoner custody officer within the meaning of Part IV of the M5Criminal Justice Act 1991;
“prison rules” means rules under section 47 of this Act.
17 Painful tests.
The medical officer of a prison shall not apply any painful tests to a prisoner for the purpose of detecting malingering or for any other purpose except with the permission of F16the Secretary of Stateor the visiting committee or, as the case may be, board of visitors.
18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F17
19 Right of justice to visit prison.
C121
A justice of the peace for any F18commission area . . . F19 may at any time visit any prison in that F18area . . . F19 and any prison in which a prisoner is confined in respect of an offence committed in that F18area . . . F19 and may examine the condition of the prison and of the prisoners and enter in the visitors’ book, to be kept by the governor of the prison, any observations on the condition of the prison or any abuses.
2
Nothing in the preceding subsection shall authorise a justice of the peace to communicate with any prisoner except on the subject of his treatment in the prison, or to visit any prisoner under sentence of death.
C123
The governor of every prison shall bring any entry in the visitors’ book to the attention of the visiting committee or the board of visitors at their next visit.
20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F20
21 Expenses of conveyance to prison.
A prisoner shall not in any case be liable to pay the cost of his conveyance to prison.
22 Removal of prisoners for judicial and other purposes.
1
Rules made under section forty–seven of this Act may provide in what manner an appellant within the meaning of F21Part I of the M6Criminal Appeal Act 1968when in custody, is to be taken to, kept in custody at, and brought back from, any place at which he is entitled to be present for the purposes of that Act, or any place to which the Court of Criminal Appeal or any judge thereof may order him to be taken for the purpose of any proceedings of that court.
2
The Secretary of State may—
a
. . . F22
b
and where any person is directed under this subsection to be taken to any place he shall, unless the Secretary of State otherwise directs, be kept in custody while being so taken, while at that place, and while being taken back to the prison in which he is required in accordance with law to be detained.
23 Power of constable etc. to act outside his jurisdiction.
For the purpose of taking a person to or from any prison under the order of any authority competent to give the order a constable or other officer may act outside the area of his jurisdiction and shall notwithstanding that he is so acting have all the powers, authority, protection and privileges of his office.
Length of sentence, release on licence and temporary discharge
C1324 Calculation of term of sentence.
1
In any sentence of imprisonment the word “month” shall, unless the contrary is expressed, be construed as meaning calendar month.
2F26
F2725. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F28
C1428 Power of Secretary of State to discharge prisoners temporarily on account of ill health.
1
If the Secretary of State is satisfied that by reason of the condition of a prisoner’s health it is undesirable to detain him in prison, but that, such condition of health being due in whole or in part to the prisoner’s own conduct in prison, it is desirable that his release should be temporary and conditional only, the Secretary of State may, if he thinks fit, having regard to all the circumstances of the case, by order authorise the temporary discharge of the prisoner for such period and subject to such conditions as may be stated in the order.
2
Where an order of temporary discharge is made in the case of a prisoner not under sentence, the order shall contain conditions requiring the attendance of the prisoner at any further proceedings on his case at which his presence may be required.
3
Any prisoner discharged under this section shall comply with any conditions stated in the order of temporary discharge, and shall return to prison at the expiration of the period stated in the order, or of such extended period as may be fixed by any subsequent order of the Secretary of State, and if the prisoner fails so to comply or return, he may be arrested without warrant and taken back to prison.
4
Where a prisoner under sentence is discharged in pursuance of an order of temporary discharge, the currency of the sentence shall be suspended from the day on which he is discharged from prison under the order to the day on which he is received back into prison, so that the former day shall be reckoned and the latter shall not be reckoned as part of the sentence.
5
Nothing in this section shall affect the duties of the medical officer of a prison in respect of a prisoner whom the Secretary of State does not think fit to discharge under this section.
Discharged prisoners
29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F29
F3030 Payments for discharged prisoners.
The Secretary of State may make such payments to or in respect of persons released or about to be released from prison as he may with the consent of the Treasury determine.
Provision, maintenance and closing of prisons
33 Power to provide prisons, etc.
1
The Secretary of State may with the approval of the Treasury alter, enlarge or rebuild any prison and build new prisons.
F31C152
The Secretary of State may provide new prisons by declaring to be a prison—
a
any building or part of a building built for the purpose or vested in him or under his control; or
b
any floating structure or part of such a structure constructed for the purpose or vested in him or under his control.
3
A declaration under this section may with respect to the building or part of a building declared to be a prison make the same provisions as an order under the next following section may make with respect to an existing prison.
4
A declaration under this section may at any time be revoked by the Secretary of State.
5
A declaration under this section shall not be sufficient to vest the legal estate of any building in the F32Secretary of State.
34 Jurisdiction of sheriff, etc.
1
The transfer under the M7Prison Act 1877 of prisons and of the powers and jurisdiction of prison authorities and of justices in sessions assembled and visiting justices shall not be deemed to have affected the jurisdiction of any sheriff or coroner or, except to the extent of that transfer, of any justice of the peace or other officer.
2
The Secretary of State may by order direct that, for the purpose of any enactment, rule of law or custom dependent on a prison being the prison of any county or place, any prison situated in that county or in the county in which that place is situated, or any prison provided by him in pursuance of this Act, shall be deemed to be the prison of that county or place.
C16F3335 Prison property.
C171
Every prison and all real and personal property belonging to a prison shall be vested in the Secretary of State and may be disposed of in such manner as the Secretary of State, with the consent of the Treasury, may determine.
2
For the purposes of this section the Secretary of State shall be deemed to be a corporation sole.
3
Any instrument in connection with the acquisition, management or disposal of any property to which this section applies may be executed on behalf of the Secretary of State by an Under–Secretary of State or any other person authorised by the Secretary of State in that behalf; and any instrument purporting to have been so executed on behalf of the Secretary of State shall be deemed, until the contrary is proved, to have been so executed on his behalf.
4
The last foregoing subsection shall be without prejudice to the execution of any such instrument as aforesaid, or of any other instrument, on behalf of the Secretary of State in any other manner authorised by law.
C1936 Acquisition of land for prisons. C18
C201
F34The Secretary of State may purchase by agreement orcompulsorily, any land required for the alteration, enlargement or rebuilding of a prison or for establishing a new prison or for any other purpose connected with the management of a prison (including the provision of accommodation for officers or servants employed in a prison).
F352
3
37 Closing of prisons.
1
Subject to the next following subsection, the Secretary of State may by order close any prison.
2
Where a prison is the only prison in the county, the Secretary of State shall not make an order under this section in respect of it except for special reasons, which shall be stated in the order.
3
In this section the expression “county” means a county at large.
4
38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F41
Offences C21
39 Assisting prisoner to escape.
Any person who aids any prisoner in escaping or attempting to escape from a prison or who, with intent to facilitate the escape of any prisoner, conveys any thing into a prison or to a prisoner F42sends any thing (by post or otherwise) into a prison or to a prisoner or places any thing anywhere outside a prison with a view to its coming into the possession of a prisoner, shall be guilty of felony and liable to imprisonment for a term not exceeding F43ten years.
40 Unlawful conveyance of spirits or tobacco into prison, etc.
Any person who contrary to the regulations of a prison brings or attempts to bring into the prison or to a prisoner any spirituous or fermented liquor or tobacco, or places any such liquor or any tobacco anywhere outside the prison with intent that it shall come into the possession of a prisoner, and any officer who contrary to those regulations allows any such liquor or any tobacco to be sold or used in the prison, shall be liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding F44level 3 on the standard scaleor both.
41 Unlawful introduction of other articles.
Any person who contrary to the regulations of a prison conveys or attempts to convey any letter or any other thing into or out of the prison or to a prisoner or places it anywhere outside the prison with intent that it shall come into the possession of a prisoner shall, where he is not thereby guilty of an offence under either of the two last preceding sections, be liable on summary conviction to a fine not exceeding F45level 3 on the standard scale.
42 Display of notice of penalties.
The Prison Commissioners shall cause to be fixed in a conspicuous place outside every prison a notice of the penalties to which persons committing offences under the three last preceding sections are liable.
Remand centres, detention centres and Borstal institutions
F6943F46 Remand centres, detention centres and youth custody centres.
1
The Secretary of State may provide—
a
remand centres, that is to say places for the detention of persons not less than 14 but under 21 years of age who are remanded or committed in custody for trial or sentence;
2
The Secretary of State may from time to time direct—
a
that a woman aged 21 years or over who is serving a sentence of imprisonment or who has been committed to prison for default shall be detained in a remand centre or a youth custody centre instead of a prison:
b
that a woman aged 21 years or over who is remanded in custody or committed in custody for trial or sentence shall be detained in a remand centre instead of a prison;
c
that a person under 21 but not less than 17 years of age who is remanded in custody or committed in custody for trial or sentence shall be detained in a prison instead of a remand centre or a remand centre instead of a prison, notwithstanding anything in section 27 of the Criminal Justice Act 1948 or section 23(3) of the Children and Young Persons Act 1969.
3
Notwithstanding subsection (1) above, any person required to be detained in an institution to which this Act applies may be detained in a remand centre for any temporary purpose F75and a person [F76aged 18 years] or over may be detained in such a centre for the purpose of providing maintenance and domestic services for that centre.
4
Sections 5A, 6(2) and (3), 16, 22, 25 and 36 of this Act shall apply to remand centres, detention centres and youth custody centres and to persons detained in them as they apply to prisons and prisoners.
F774A
Sections 16, 22 and 36 of this Act shall apply to secure training centres and to persons detained in them as they apply to prisons and prisoners.
5
The other provisions of this Act preceding this section, except sections 28 and 37(2) above, shall apply to F78centres of the descriptions specified in subsection (4) above and to persons detained in them as they apply to prisons and prisoners, but subject to such adaptation and modifications as may be specified in rules made by the Secretary of State.
F795A
The other provisions of this Act preceding this section, except sections 5, 5A, 6(2) and (3), 12, 14, 19, 25, 28 and 37(2) and (3) above, shall apply to secure training centres and to persons detained in them as they apply to prisons and prisoners, but subject to such adaptations and modifications as may be specified in rules made by the Secretary of State.
6
References in the preceding provisions of this Act to imprisonment shall, so far as those provisions apply to institutions provided under this section, be construed as including references to detention in those institutions.
7
Nothing in this section shall be taken to prejudice the operation of section 12 of the Criminal Justice Act 1982.
44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F47
Rules for the management of prisons and other institutions
C23C24C2547 Rules for the management of prisons, remand centres, detention centres and Borstal institutions. C22
1
The Secretary of State may make rules for the regulation and management of prisons, remand centres F48, young offender institutions or secure training centres, and for the classification, treatment, employment, discipline and control of persons required to be detained therein.
2
Rules made under this section shall make provision for ensuring that a person who is charged with any offence under the rules shall be given a proper opportunity of presenting his case.
3
Rules made under this section may provide for the training of particular classes of persons and their allocation for that purpose to any prison or other institution in which they may lawfully be detained.
4
Rules made under this section shall provide for the special treatment of the following persons whilst required to be detained in a prison, that is to say—
a
. . . F49
F524A
Rules made under this section shall provide for the inspection of secure training centres and the appointment of independent persons to visit secure training centres and to whom representations may be made by offenders detained in secure training centres.
5
Rules made under this section may provide for the temporary release of persons F53detained in a prison, remand centre F54, young offender institution or secure training centre not being persons committed in custody for trial F55before the Crown Courtor committed to be sentenced or otherwise dealt with by F55the Crown Courtor remanded in custody by any court.
Miscellaneous
48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F56
C3049 Persons unlawfully at large. C29
C31C321
Any person who, having been sentenced to F80imprisonment or custody for life or ordered to be detained in secure accomodation or in a young offenders institution, or having been committed to a prison or remand centre, is unlawfully at large, may be arrested by a constable without warrant and taken to the place in which he is required in accordance with law to be detained.
C33C342
Where any person sentenced to F81imprisonment, or ordered to be detained in secure accomodation or in a young offenders institution is unlawfully at large at any time during the period for which he is liable to be detained in pursuance of the sentence or order, then, unless the Secretary of State otherwise directs, no account shall be taken, in calculating the period for which he is liable to be so detained, of any time during which he is absent from the F82place in which he is required in accordance with law to be detained:
Provided that—
C35a
this subsection shall not apply to any period during which any such person as aforesaid is detained in pursuance of the sentence or order or in pursuance of any other sentence of any court F83in the United KingdomF81in a prison or remand centre, in secure accomodation or in a young offenders institution;
b
F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
. . . F84
3
The provisions of the last preceding subsection shall apply to a person who is detained in custody in default of payment of any sum of money as if he were sentenced to imprisonment.
4
For the purposes of this section a person who, after being temporarily released in pursuance of rules made under subsection (5) of section forty–seven of this Act, is at large at any time during the period for which he is liable to be detained in pursuance of his sentence shall be deemed to be unlawfully at large if the period for which he was temporarily released has expired or if an order recalling him has been made by the F85Secretary of Statein pursuance of the rules.
F865
In this section “secure accommodation” means—
a
a young offender institution;
b
a secure training centre; or
c
any other accommodation that is secure accommodation within the meaning given by section 75(7) of the Crime and Disorder Act 1998 (detention and training orders).
50 Application of certain provisions to remand homes and attendance centres.
Subsection (1) of section eighteen of this Act shall apply to attendance centres as it applies to prisons . . . F58
Supplemental
51 Payment of expenses out of moneys provided by Parliament.
All expenses incurred in the maintenance of prisons and in the maintenance of prisoners and all other expenses of the Secretary of State . . . F59 incurred under this Act shall be defrayed out of moneys provided by Parliament.
52 Exercise of power to make orders, rules and regulations.
1
Any power of the Secretary of State to make rules or regulations under this Act and the power of the Secretary of State to make an order under section thirty–four or section thirty–seven of this Act shall be exercisable by statutory instrument.
2
Any statutory instrument containing regulations made under section sixteen or an order made under section thirty–seven of this Act, . . . F60 shall be laid before Parliament.
3
The power of the Secretary of State to make an order under section six or section thirty–four of this Act shall include power to revoke or vary such an order.
53 Interpretation.
1
2
For the purposes of this Act the maintenance of a prisoner shall include all necessary expenses incurred in respect of the prisoner for food, clothing, custody and removal from one place to another, from the period of his committal to prison until his death or discharge from prison.
3
References in this Act to the Church of England shall be construed as including references to the Church in Wales.
4
References in this Act to any enactment shall be construed as references to that enactment as amended by any other enactment.
54Consequential amendments, repeals and savings.
F611
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62
3
Nothing in this repeal shall affect any rule, order, regulation or declaration made, direction or certificate given or thing done under any enactment repealed by this Act and every such rule, order, regulation, direction, certificate or thing shall, if in force at the commencement of this Act, continue in force and be deemed to have been made, given or done under the corresponding provision of this Act.
4
Any document referring to any Act or enactment repealed by this Act shall be construed as referring to this Act or to the corresponding enactment in this Act.
5
The mention of particular matters in this section shall not be taken to affect the general application to this Act of section thirty–eight of the M10Interpretation Act 1889 (which relates to the effect of repeals).
55 Short title, commencement and extent.
1
This Act may be cited as the Prison Act 1952.
2
This Act shall come into operation on the first day of October, nineteen hundred and fifty–two.
F633
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
5
This Act shall not extend to Northern Ireland.
Power to apply ss. 39–42 with modifications conferred by Army Act 1955 (c. 18), s. 122(3), Air Force Act 1955 (c. 19), s. 122(3) and Naval Discipline Act 1957 (c. 53), s. 82(3)