Part VIII Prison Services and the Prison Service
Chapter II Scotland
Contracted out prisons
106 Contracting out of prisons.
(1)
The F1Scottish Ministers may enter into a contract with another person for the provision or running (or the provision and running) by him, or (if the contract so provides) for the running by sub-contractors of his, of any prison or part of a prison in Scotland.
(2)
While a contract under this section for the running of a prison or part of a prison is in force—
(a)
the prison or part shall be run subject to and in accordance with—
(i)
sections 107 and 108 below; and
(ii)
the 1989 Act and prison rules and directions made under or by virtue of that Act (all as modified by section 110 below); and
(b)
in the case of a part, that part and the remaining part shall each be treated for the purposes of sections 107 to 112 below as if they were separate prisons.
(3)
Where the F1Scottish Ministersgrants a lease for the purpose of any contract under this section, none of the following enactments shall apply to it—
(a)
sections 4 to 7 of the M1Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (irritancy clauses); and
(b)
the M2Agricultural Holdings (Scotland) Act 1991 F2and the Agricultural Holdings (Scotland) Act 2003 (asp 11) .
In this subsection “lease” includes a sub-lease.
(4)
In this Chapter—
“contracted out prison” means a prison or part of a prison for the running of which a contract under this section is for the time being in force;
“the contractor”, in relation to a contracted out prison, means the person who has contracted with the F1Scottish Ministers for the running of it; and
“sub-contractor”, in relation to a contracted out prison, means a person who has contracted with the contractor for the running of it or any part of it.