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.
Textual Amendments
F1Words in s. 106 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I, para. 115(3); S.I. 1998/3178, art. 2
F2Words in s. 106(3)(b) inserted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), ss. 94, 95(3)(4), Sch. para. 50 (with s. 95(1)); S.S.I. 2003/548, art. 2(i)
Marginal Citations