Part VIIIPrison Services and the Prison Service

Chapter IIcotland

Provision of new prisons

113Provision of new prisons

1

The Secretary of State may declare to be a prison—

a

any building or part of a building built or adapted for the purpose; and

b

any floating structure or part of such a structure constructed or adapted for the purpose,

whether vested in, or under the control of, the Secretary of State or any other person.

2

Section 106(1) and subsection (1) above are without prejudice to the Secretary of State’s powers under the 1989 Act with respect to the provision of prisons.

3

A declaration under subsection (1) above—

a

shall have effect for the purposes of the 1989 Act and any other enactment (including an enactment contained in subordinate legislation);

b

shall not be sufficient to vest the legal estate in any building or structure in the Secretary of State; and

c

may be revoked by the Secretary of State at any time other than a time when the prison to which it relates is a contracted out prison.

4

Nothing in section 36 of the 1989 Act (prison property to be vested in the Secretary of State) shall require the legal estate in—

a

any prison provided under a contract entered into under section 106(1) above;

b

any prison declared to be such under subsection (1) above and not vested in the Secretary of State; or

c

any heritable or moveable property belonging to any prison mentioned in paragraph (a) or (b) above,

to be vested in the Secretary of State.