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3. The Rule made by the Secretary of State under the Prisons (Scotland) Acts 1860 to 1926(1) dated 16th July 1940(2) which appointed the four cells on the ground floor and two cells on the upper floor of the building situated in the Burgh of Lerwick and the County of Zetland to be a legal prison for the detention of prisoners before, during or after trial for any period not exceeding 30 days is revoked.
Section 3 of the Prisons (Scotland) Act 1926 (16 & 17 Geo. 5.) (“the 1926 Act”) provides that the 1926 Act and the Prisons (Scotland) Acts 1860 to 1909, may be cited as the Prisons (Scotland) Acts, 1860 to 1926. The enabling power to make the Rules is contained in section 30 of the Prisons (Scotland) Act 1877 (40 & 41 Vict, c.53) (“the 1877 Act”). Section 30 of the 1877 Act was repealed by section 43 of and Schedule 4 to the Prisons (Scotland) Act 1952 (c. 61) (“the 1952 Act”) but was re-enacted with modifications by section 14 of the 1952 Act. Section 14 of the 1952 Act was repealed by section 45 of and Schedule 3 of the 1989 Act but re-enacted with modifications by section 14 of the 1989 Act.
S.R. & O. 1940 No. 1658. This Rule is no longer available in print. A copy may be viewed at Calton House, 5 Redheughs Rigg, Edinburgh EH12 9HW.
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