Prisons (Scotland) Act 1877

PART I Transfer and Administration of Prisons

Transfer of Prisons

4 Maintenance of prisons and prisoners out of public funds

On and after the commencement of this Act all expenses incurred in respect of the maintenance of prisons to which this Act applies, and of the prisoners therein, shall be defrayed out of moneys provided by Parliament.

5 Prisons to vest in Secretary of State

Subject as in this Act mentioned—

(1) The prisons to which this Act applies, and the furniture and effects belonging thereto ; also,

(2) The appointment of all officers, and the control and safe custody of the prisoners in the prisons to which this Act applies ; also all powers and jurisdiction vested in or exerciseable by the Managers of the General Prison at Perth, or any prison authorities appointed in pursuance of the [23 & 24 Vict. c. 105.] Prisons (Scotland) Administration Act, 1860, or any Act amending the same, in relation to prisons or prisoners within their jurisdiction,

shall, on and after the commencement of this Act, be transferred to, vested in, and exercised by one of Her Majesty's Principal Secretaries of State, in this Act referred to as the Secretary of State.

6 General rules for prisons made by Secretary of State to continue

All rules for prisons in Scotland which have before the commencement of this Act been certified under the hand of one of Her Majesty's Principal Secretaries of State in pursuance of the [23 & 24 Vict. c. 105.] Prisons (Scotland) Administration Act, 1860, and have not been superseded by the provisions of this Act, or by rules made as herein-after provided, shall continue to be rules for prisons in Scotland: Provided that it shall be lawful for the Secretary of State at any time after the passing of this Act to repeal, alter, or add to such rules, and such repeal, alteration, or addition shall be by writing under the hand of the Secretary of State, which shall be subject to the provisions herein contained as to rules or regulations made by the Secretary of State.

A copy of all the rules for the time being in force shall be posted in some conspicuous place in every prison to which the same relate.

Wherever in any enactment reference is made to rules made under and in virtue of the powers conferred by the [23 & 24 Vict. c. 105.] Prisons (Scotland) Administration Act, 1860, such reference shall be deemed and taken to be made to rules made or continued or altered under and in virtue of the powers conferred by this Act.