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.