Part VIII Prison Services and the Prison Service

Chapter I England and Wales

Miscellaneous

100 Provision of prisons by contractors.

(1)

For subsection (2) of section 33 of the M1Prison Act 1952 (power to declare buildings etc. to be prisons) there shall be substituted the following subsection—

“(2)

The Secretary of State may provide new prisons by declaring to be a prison—

(a)

any building or part of a building built for the purpose or vested in him or under his control; or

(b)

any floating structure or part of such a structure constructed for the purpose or vested in him or under his control.”.

(2)

Subsections (3) and (4) below apply where the Secretary of State enters into a contract with another person (“the contractor”) for the provision by him of a prison.

(3)

Section 33(2) of the M2Prison Act 1952 shall have effect as if it also included references to—

(a)

any building or part of a building built by the contractor for the purpose or vested in him or under his control; and

(b)

any floating structure or part of such a structure constructed by the contractor for the purpose or vested in him or under his control.

(4)

Nothing in section 35(1) of that Act (prison property to be vested in the Secretary of State F1for Justice) shall require the prison or any real or personal property belonging to the prison to be vested in the Secretary of State F1for Justice .