Prison Act 1952

Provision, maintenance and closing of prisons E+W

33 Power to provide prisons, etc. E+W

(1) The Secretary of State may with the approval of the Treasury alter, enlarge or rebuild any prison and build new prisons.

[F1 (2) 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 [F2 Secretary of State].

Textual Amendments

F1 S. 33(2) substituted (3.11.1994) by 1994 c. 33, ss. 100(1), 172(4)

F2 Words substituted by S.I. 1963/597, Sch. 1

Modifications etc. (not altering text)

C1 S. 33(2) modified (3.11.1994) by 1994 c. 33, ss. 100(2)(3), 172(4)

34 Jurisdiction of sheriff, etc. E+W

(1) The transfer under the M1 Prison 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.

Marginal Citations

M1 1877 c. 21.

F3 [35 Prison property. E+W

(1) Every prison and all real and personal property belonging to a prison shall be vested in the Secretary of State [F4 for Justice] and may be disposed of in such manner as the Secretary of State [F4 for Justice] , with the consent of the Treasury, may determine.

F5 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F3 S. 35 substituted by S.I. 1963/597, Sch. 1

F4 Words in s. 35(1) inserted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 1(2), Sch. para. 2(2)

F5 S. 35(2)-(4) omitted (22.8.2007) by virtue of The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 1(2), Sch. para. 2(3)

Modifications etc. (not altering text)

C2 S. 35 modified (31.10.1991) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 87(8); S.I. 1991/2208, art. 2(4), Sch. 3

C3 S. 35(1) modified (3.11.1994) by 1994 c. 33, ss. 100(2)(4), 172(4)

36 Acquisition of land for prisons. E+W

(1) [F6 The Secretary of State may purchase by agreement or]compulsorily, 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).

[F7 (2) The M2 [F8 Acquisition of Land Act 1981] shall apply to the compulsory purchase of land by the Secretary of State under this section . . . F9 .]

(3) In relation to the purchase of land by agreement under this section, [F10 the provisions of Part I of the M3 Compulsory Purchase Act 1965 (so far as applicable) other than sections 4 to 8, section 10, and section 31, shall apply].

Textual Amendments

F6 Words substituted by S.I. 1963/597, Sch. 1

F7 S. 36(2) substituted by S.I. 1963/597, Sch. 1

F8 Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 4 para. 1 Table

F9 Words repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 6 Pt. I

F10 Words substituted by Compulsory Purchase Act 1965 (c. 56), Sch. 6

Modifications etc. (not altering text)

C4 S. 36 amended (retrospectively) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 167, Sch. 8 para. 16

C5 S. 36 amended by Criminal Justice Act 1972 (c. 71), s. 60

C6 S. 36(1): certain functions made exercisable by the Youth Justice Board for England and Wales concurrently with the Secretary of State (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(c)

Marginal Citations

M2 1981 c. 67

M3 1965 c. 56.

37 Closing of prisons. E+W

(1) F11 ... the Secretary of State may F12 ... close any prison.

F13 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of this and the next following section a prison shall not be deemed to be closed by reason only of its appropriation for use as a remand centre, detention centre or [F14 youth custody centre][F15 , secure training centre or secure college] .

Textual Amendments

F11 Words in s. 37(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 84(2)(a)(i), 115(3)(j)

F12 Words in s. 37(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 84(2)(a)(ii), 115(3)(j)

F13 S. 37(2)(3) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 84(2)(b), 115(3)(j)

F14 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 6

F15 Words in s. 37(4) substituted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 2; S.I. 2015/778, art. 2(1)(c)

38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F16 E+W

Textual Amendments

F16 S. 38 repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II