Search Legislation

Prisons (Property) Act 2013

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Prisons (Property) Act 2013

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Prisons (Property) Act 2013. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

E+W

Prisons (Property) Act 2013

2013 CHAPTER 11

An Act to make provision for the destruction of certain property found in prisons and similar institutions.

[28th February 2013]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1Power to destroy or otherwise dispose of propertyE+W

(1)After section 42 of the Prison Act 1952 insert—

Disposal of propertyE+W

42ADisposal of unauthorised or unattributable property

(1)The governor or director of a prison may destroy or otherwise dispose of, or arrange for the destruction or other disposal of—

(a)an article found in the possession of a prisoner who is not authorised to have it in his or her possession, or

(b)an article found inside the prison or in a prisoner escort vehicle, otherwise than in the possession of a prisoner, where—

(i)the owner of the article is a prisoner who is not authorised to have it in his or her possession, or

(ii)the owner of the article cannot be ascertained.

(2)An article which a prisoner is authorised to have in his or her possession is to be treated for the purposes of subsection (1) as not so authorised where the governor or director of the prison reasonably believes that the article is being, has been or may be used for any of the purposes mentioned in subsection (3).

(3)Those purposes are—

(a)concealing an article which a prisoner is not authorised to have in his or her possession;

(b)causing harm to the prisoner or others;

(c)prejudicing the security or operation of the prison.

(4)Where a prisoner is authorised to have an article in his or her possession in a particular part of the prison, subsection (1)(a) or (b)(i) applies only where the property is found otherwise than in that part.

(5)In this section—

(a)authorised” means authorised in accordance with prison rules or by the governor or director of the prison;

(b)prisoner escort vehicle” means a vehicle used for taking a prisoner to or from a prison or other place while in custody;

(c)references to disposing of an article include selling it.

(6)The power under subsection (1)—

(a)may be exercised in relation to a relevant article found before the day on which this section comes into force if the article remains unclaimed at the end of six months beginning with that day;

(b)may not otherwise be exercised in relation to an article found before that day.

(7)In subsection (6)(a) “relevant article” means an article specified in section 40A(3)(c) or (d) (cameras and sound-recording devices) or section 40D(3B) (devices capable of transmitting or receiving images, sounds or information by electronic communications, etc).

(2)In section 43 of that Act (power of Secretary of State to provide young offender institutions and secure training centres), in subsections (4) and (4A), for “and 36” substitute “ , 36 and 42A ”.

Commencement Information

I1S. 1 in force at 26.3.2015 by S.I. 2015/771, art. 2

2Extent, commencement and short titleE+W

(1)This Act extends to England and Wales only.

(2)Section 1 comes into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(3)This section comes into force on the day on which this Act is passed.

(4)This Act may be cited as the Prisons (Property) Act 2013.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources