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Criminal Justice and Public Order Act 1994

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106 Contracting out of prisons.S

(1)The [F1Scottish Ministers] may enter into a contract with another person for the provision or running (or the provision and running) by him, or (if the contract so provides) for the running by sub-contractors of his, of any prison or part of a prison in Scotland.

(2)While a contract under this section for the running of a prison or part of a prison is in force—

(a)the prison or part shall be run subject to and in accordance with—

(i)sections 107 and 108 below; and

(ii)the 1989 Act and prison rules and directions made under or by virtue of that Act (all as modified by section 110 below); and

(b)in the case of a part, that part and the remaining part shall each be treated for the purposes of sections 107 to 112 below as if they were separate prisons.

(3)Where the [F1Scottish Ministers]grants a lease for the purpose of any contract under this section, none of the following enactments shall apply to it—

(a)sections 4 to 7 of the M1Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (irritancy clauses); and

(b)the M2Agricultural Holdings (Scotland) Act 1991 [F2and the Agricultural Holdings (Scotland) Act 2003 (asp 11)] .

In this subsection “lease” includes a sub-lease.

(4)In this Chapter—

  • contracted out prison” means a prison or part of a prison for the running of which a contract under this section is for the time being in force;

  • the contractor”, in relation to a contracted out prison, means the person who has contracted with the [F1Scottish Ministers] for the running of it; and

  • sub-contractor”, in relation to a contracted out prison, means a person who has contracted with the contractor for the running of it or any part of it.

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