Part VIIIPrison Services and the Prison Service

Chapter IIcotland

Supplemental

117Interpretation of Chapter II

1

In this Chapter, except where otherwise expressly provided—

  • “the 1989 Act” means the [1989 c. 45.] Prisons (Scotland) Act 1989;

  • “contracted out prison” and “the contractor” have the meanings given by section 106(4) above;

  • “contracted out functions” and “directly managed prison” have the meanings given by section 112(7) above;

  • “custodial duties” means custodial duties at a contracted out or a directly managed prison;

  • “escort functions” has the meaning given by section 102(1) above;

  • “prison” includes—

    1. a

      any prison other than a naval, military or air force prison; and

    2. b

      a remand centre or young offenders institution within the meaning of section 19 of the 1989 Act;

  • “prison officer” means an officer of a directly managed prison;

  • “prison rules” means rules made under section 39 of the 1989 Act;

  • “prisoner” means any person who is in legal custody or is deemed to be in legal custody under section 215 or 426 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975;

  • “prisoner custody officer” has the meaning given by section 114(1) above;

  • “prisoner escort arrangements” has the meaning given by section 102(4) above; and

  • “sub-contractor” has the meaning given by section 106(4) above.

2

Any reference in this Chapter to custodial duties at a contracted out or directly managed prison includes a reference to custodial duties in relation to a prisoner who is outside such a prison for temporary purposes.

3

In sections 102(1) to (3), 104 and 105 above, “prison”—

a

so far as relating to the transfer of prisoners to or from a prison situated in England and Wales, includes a young offender institution and a remand centre; and

b

so far as relating to the transfer of prisoners to or from a prison situated in Northern Ireland, includes a young offenders centre and a remand centre.