Prison Act 1952, Cross Heading: Provision, maintenance and closing of prisons is up to date with all changes known to be in force on or before 22 June 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)The Secretary of State may with the approval of the Treasury alter, enlarge or rebuild any prison and build new prisons.
[F1(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.]
(3)A declaration under this section may with respect to the building or part of a building declared to be a prison make the same provisions as an order under the next following section may make with respect to an existing prison.
(4)A declaration under this section may at any time be revoked by the Secretary of State.
(5)A declaration under this section shall not be sufficient to vest the legal estate of any building in the [F2Secretary of State].
Textual Amendments
F1S. 33(2) substituted (3.11.1994) by 1994 c. 33, ss. 100(1), 172(4)
F2Words substituted by S.I. 1963/597, Sch. 1
Modifications etc. (not altering text)
C1S. 33(2) modified (3.11.1994) by 1994 c. 33, ss. 100(2)(3), 172(4)
(1)The transfer under the M1Prison Act 1877 of prisons and of the powers and jurisdiction of prison authorities and of justices in sessions assembled and visiting justices shall not be deemed to have affected the jurisdiction of any sheriff or coroner or, except to the extent of that transfer, of any justice of the peace or other officer.
(2)The Secretary of State may by order direct that, for the purpose of any enactment, rule of law or custom dependent on a prison being the prison of any county or place, any prison situated in that county or in the county in which that place is situated, or any prison provided by him in pursuance of this Act, shall be deemed to be the prison of that county or place.
Marginal Citations
(1)Every prison and all real and personal property belonging to a prison shall be vested in the Secretary of State [F4for Justice] and may be disposed of in such manner as the Secretary of State [F4for Justice] , with the consent of the Treasury, may determine.
F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F3S. 35 substituted by S.I. 1963/597, Sch. 1
F4Words in s. 35(1) inserted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 1(2), Sch. para. 2(2)
F5S. 35(2)-(4) omitted (22.8.2007) by virtue of The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 1(2), Sch. para. 2(3)
Modifications etc. (not altering text)
C2S. 35 modified (31.10.1991) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 87(8); S.I. 1991/2208, art. 2(4), Sch. 3
C3S. 35(1) modified (3.11.1994) by 1994 c. 33, ss. 100(2)(4), 172(4)
(1)[F6The Secretary of State may purchase by agreement or]compulsorily, any land required for the alteration, enlargement or rebuilding of a prison or for establishing a new prison or for any other purpose connected with the management of a prison (including the provision of accommodation for officers or servants employed in a prison).
[F7(2)The M2[F8Acquisition of Land Act 1981] shall apply to the compulsory purchase of land by the Secretary of State under this section . . . F9.]
(3)In relation to the purchase of land by agreement under this section, [F10the provisions of Part I of the M3Compulsory Purchase Act 1965 (so far as applicable) other than sections 4 to 8, section 10, and section 31, shall apply].
Textual Amendments
F6Words substituted by S.I. 1963/597, Sch. 1
F7S. 36(2) substituted by S.I. 1963/597, Sch. 1
F8Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 4 para. 1 Table
F9Words repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 6 Pt. I
F10Words substituted by Compulsory Purchase Act 1965 (c. 56), Sch. 6
Modifications etc. (not altering text)
C4S. 36 amended (retrospectively) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 167, Sch. 8 para. 16
C5S. 36 amended by Criminal Justice Act 1972 (c. 71), s. 60
C6S. 36(1): certain functions made exercisable by the Youth Justice Board for England and Wales concurrently with the Secretary of State (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(c)
Marginal Citations
(1)F11... the Secretary of State may F12... close any prison.
F13(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)For the purposes of this and the next following section a prison shall not be deemed to be closed by reason only of its appropriation for use as a remand centre, detention centre or [F14youth custody centre][F15, secure training centre or secure college] .
Textual Amendments
F11Words in s. 37(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 84(2)(a)(i), 115(3)(j)
F12Words in s. 37(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 84(2)(a)(ii), 115(3)(j)
F13S. 37(2)(3) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 84(2)(b), 115(3)(j)
F14Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 6
F15Words in s. 37(4) substituted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 2; S.I. 2015/778, art. 2(1)(c)
Textual Amendments
F16S. 38 repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II
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