Criminal Justice and Public Order Act 1994 (c. 33)

Part VIII U.K. Prison Services and the Prison Service

Chapter II U.K. Scotland

Extent Information

E1 Pt. VIII Chapter II extends to Scotland only except that ss. 102(1) to (3), 104, 105 and 117 extend also to the British Islands so far as relating to the transfer of prisoners to or from premises situated in a part of the British Islands outside Scotland see s. 172(12)

Supplemental U.K.

116 Minor and consequential amendments. S

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Section 33 of that Act (miscellaneous duties of prison governor) shall cease to have effect.

(3) After section 33 of that Act there shall be inserted the following section—

“33A Power of governor to delegate functions.

Rules made under section 39 of this Act may permit the governor of a prison to authorise an officer of the prison, or a class of such officers, to exercise on his behalf such of the governor’s functions as the rules may specify.”.

(4) In section 39 of that Act (prison rules)—

(a) in subsection (1), after “Act” there shall be inserted “ or any other enactment ”;

(b) in subsection (8), for “the purpose so specified” there shall be substituted “ any purpose specified in the rules ”; and

(c) after subsection (11), there shall be inserted the following subsection—

“(12) Rules made under this section may (without prejudice to the generality of subsection (1) above) confer functions on a governor.”.

Textual Amendments

F1 S. 116(1) repealed (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), art. 1, sch. para. 3(4)