Search Legislation

Prisons (Scotland) Act 1989

Status:

This is the original version (as it was originally enacted).

Section 45(1).

SCHEDULE 2Amendment of enactments

Children and Young Persons (Scotland) Act 1937

1In section 57(3) of the [1937 c. 37.] Children and Young Persons (Scotland) Act 1937, for the word “206” there shall be substituted the words “205 or 206”, and after the word “1975” there shall be inserted the words “or section 25 of the Prisons (Scotland) Act 1989”.

2In section 87(1) and (3) of that Act, after the words “Act 1975” there shall be inserted the words “and of the Prisons (Scotland) Act 1989”.

Army Act 1955

3In section 71AA(6B) of the [1955 c. 18.] Army Act 1955 and in paragraph 10(6B) of Schedule 5A to that Act, for the words “Section 12 of the Criminal Justice (Scotland) Act 1963” there shall be substituted the words “Section 32 of the Prisons (Scotland) Act 1989”.

Air Force Act 1955

4In section 71AA(6B) of the [1955 c. 19.] Air Force Act 1955 and in paragraph 10(6B) of Schedule 5A to that Act, for the words “Section 12 of the Criminal Justice (Scotland) Act 1963” there shall be substituted the words “Section 32 of the Prisons (Scotland) Act 1989”.

Naval Discipline Act 1957

5In section 43AA(6B) of the [1957 c. 53.] Naval Discipline Act 1957 and in paragraph 10(6B) of Schedule 4A to that Act, for the words “Section 12 of the Criminal Justice (Scotland) Act 1963” there shall be substituted the words “Section 32 of the Prisons (Scotland) Act 1989”.

6In section 88 of that Act, in subsection (3)(c), for the words from “thirty-five” to “1952” there shall be substituted the words “39 of the Prisons (Scotland) Act 1989”, and, in subsection (4), for the words “37 of the Prisons (Scotland) Act 1952” there shall be substituted the words “40 of the Prisons (Scotland) Act 1989”.

Criminal Justice Act 1961

7In section 30(1)(b) of the [1961 c. 39.] Criminal Justice Act 1961, for the words “37 of the Prisons (Scotland) Act 1952” there shall be substituted the words “40 of the Prisons (Scotland) Act 1989”.

Criminal Justice (Scotland) Act 1963

8In Schedule 1 to the [1963 c. 39.] Criminal Justice (Scotland) Act 1963, in paragraph 13, for the words “paragraph 2 of this Schedule” there shall be substituted the words “section 30(3) of the Prisons (Scotland) Act 1989”.

Criminal Justice Act 1967

9In section 69(2) of the [1967 c. 80.] Criminal Justice Act 1967, for the words “37 of the Prisons (Scotland) Act 1952” there shall be substituted the words “40 of the Prisons (Scotland) Act 1989”.

Courts-Martial (Appeals) Act 1968

10In section 52 of the [1968 c. 20.] Courts-Martial (Appeals) Act 1968, for paragraph (e) there shall be substituted the following paragraph—

(e)section 39 of the Prisons (Scotland) Act 1989; or.

Criminal Procedure (Scotland) Act 1975

11In section 205A(1) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975, for the words “61 of the Criminal Justice Act 1967” there shall be substituted the words “26 of the Prisons (Scotland) Act 1989”.

12For section 206(1) of that Act, there shall be substituted the following section—

206Detention of children convicted on indictment

Subject to section 205 of this Act, where a child is convicted and the court is of the opinion that no other method of dealing with him is appropriate, it may sentence him to be detained for a period which it shall specify in the sentence; and the child shall during that period be liable to be detained in such place and on such conditions as the Secretary of State may direct.

13In sections 207(11) and 415(11) of that Act, for the words from the beginning to “shall apply” there shall be substituted the words “Section 18 (functions of Parole Board), section 24 (remission for good conduct) and sections 22, 26, 28 and 29 (release on licence) of the Prisons (Scotland) Act 1989 shall apply”.

14In sections 212 and 421 of that Act, in subsection (1), after the word “1967” there shall be inserted the words “or section 22(1) or section 26 of the Prisons (Scotland) Act 1989”, and, in subsection (2), for the words “12 of the Criminal Justice (Scotland) Act 1963” there shall be substituted the words “32 of the said Act of 1989”.

15In sections 214 and 423 of that Act—

(a)in subsection (1), for the words from “Schedule” to “1963” there shall be substituted the words “section 30 of the Prisons (Scotland) Act 1989”;

(b)in subsection (2)(b), for the words from “paragraph” to “1963” there shall be substituted the words “section 30(4) of the said Act of 1989”;

(c)in subsection (6), for the words from “Schedule” to “1963” there shall be substituted the words “section 30 of the said Act of 1989”;

(d)in subsection (7), for the words “the said Schedule” (where those words first occur) there shall be substituted the words “section 30 of the said Act of 1989”, and, in paragraph (a) thereof, for the words “paragraph 1 of the said Schedule” there shall be substituted the words “subsection (4) of the said section 30”; and

(e)in subsection (8), for the words “paragraph 3 of the said Schedule” there shall be substituted the words “subsection (5) of section 30 of the said Act of 1989”, and for the words from “section 14” to “1963” there shall be substituted the words “the said section 30”.

16In section 462(1) of that Act, for the words “Prisons (Scotland) Act 1952”, wherever these words occur, there shall be substituted the words “Prisons (Scotland) Act 1989”.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

17In Schedule 1 to the [1980 c. 55.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in paragraph (v) of Group B of Part I, for the words “59(6) of the Criminal Justice Act 1967” there shall be substituted the words “18(5) of the Prisons (Scotland) Act 1989”.

Contempt of Court Act 1981

18In section 15(6) of the [1981 c. 49.] Contempt of Court Act 1981, for the words “60 of the Criminal Justice Act 1967” there shall be substituted the words “22 of the Prisons (Scotland) Act 1989”.

Mental Health (Scotland) Act 1984

19In section 74(8) of the [1984 c. 36.] Mental Health (Scotland) Act 1984, for the words “37 of the Prisons (Scotland) Act 1952” there shall be substituted the words “40 of the Prisons (Scotland) Act 1989”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources