Criminal Justice and Courts Act 2015

Intervention by Secretary of State

12 (1) This paragraph applies where it appears to the Secretary of State that—

(a) the principal of a contracted-out secure college has lost effective control of the secure college or a part of it or is likely to do so, and

(b) it is necessary for the Secretary of State to exercise the power under sub-paragraph (2) in the interests of preserving a person’s safety or preventing serious damage to property.

(2) The Secretary of State may appoint a Crown servant (the “appointed person”) to act as principal of the secure college for the period—

(a) beginning at the time specified in the appointment, and

(b) ending at the time specified in the notice of termination under sub-paragraph (4).

(3) During that period—

(a) all of the functions of the principal or monitor are to be carried out by the appointed person,

(b) the contractor and any sub-contractor must take all reasonable steps to facilitate the carrying out by the appointed person of those functions, and

(c) the officers of the secure college must comply with any directions given by the appointed person in carrying out those functions.

(4) The Secretary of State must, by notice to the appointed person, terminate the person’s appointment if satisfied that—

(a) the person has secured effective control of the secure college or, as the case may be, the relevant part of it, and

(b) the person’s appointment is no longer necessary as mentioned in sub-paragraph (1)(b).

(5) The Secretary of State must—

(a) give notice of an appointment under this paragraph to the persons listed in sub-paragraph (6) as soon as practicable after making the appointment, and

(b) give a copy of a notice of termination of such an appointment to those persons as soon as practicable after terminating it.

(6) Those persons are—

(a) the contractor,

(b) any sub-contractor,

(c) the principal, and

(d) the monitor.