111 Intervention by the Secretary of State.S
(1)This section applies where, in the case of a contracted out prison, it appears to the [F1Scottish Ministers]—
(a)that the director has lost or is likely to lose effective control of the prison or any part of it; and
(b)that the making of an appointment under subsection (2) below is necessary in the interests of preserving the safety of any person or preventing serious damage to any property.
(2)The [F2Scottish Ministers may appoint a member of the staff of the Scottish Administration] to act as governor of the prison for the period—
(a)beginning with the time specified in the appointment; and
(b)ending with the time specified in the notice of termination under subsection (4) below.
(3)During that period—
(a)all the functions which would otherwise be exercisable by the director or the controller shall be exercisable by the governor;
(b)the contractor and any sub-contractor of his shall each do all that he reasonably can to facilitate the exercise by the governor of those functions; and
(c)the officers of the prison [F3and the medical officer or officers for the prison] shall comply with any directions given by the governor in the exercise of those functions.
(4)Where the [F4Scottish Ministers] is satisfied—
(a)that the governor has secured effective control of the prison or, as the case may be, the relevant part of it; and
(b)that the governor’s appointment is no longer necessary as mentioned in subsection (1)(b) above,
he shall, by a notice to the governor, terminate the appointment at a time specified in the notice.
(5)As soon as practicable after making or terminating an appointment under this section, the [F5Scottish Ministers] shall give a notice of the appointment, or a copy of the notice of termination, to the contractor, any sub-contractor of his, the director and the controller.
Textual Amendments
F1Words in s. 111(1) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 115(6)(a); S.I. 1998/3178, art. 2
F2Words in s. 111(2) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 115(6)(b); S.I. 1998/3178, art. 2
F3Words in s. 111(3)(c) inserted (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 110(5), 206(1); S.S.I. 2011/354, art. 2, sch.
F4Words in s. 111(4) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 115(6)(c); S.I. 1998/3178, art. 2
F5Words in s. 111(5) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 115(6)(d); S.I. 1998/3178, art. 2