# Criminal Justice Act 1991, Section 85: Officers of contracted out prisons.

Extent: E+W

(1) Instead of a governor, every contracted out prison shall have—
(a) a director, who shall be a prisoner custody officer appointed by the contractor and specially approved for the purposes of this section by the Secretary of State; and
(b) a controller, who shall be a Crown servant appointed by the Secretary of State;
and every officer of such a prison who performs custodial duties shall (subject to section 86B) be a prisoner custody officer who is authorised to perform such duties or a prison officer who is temporarily attached to the prison.
(2) . . . , the director shall have such functions as are conferred on him by the 1952 Act (as modified by section 87 below) or as may be conferred on him by prison rules.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The controller shall have such functions as may be conferred on him by prison rules and shall be under a duty—
(a) to keep under review, and report to the Secretary of State on, the running of the prison by or on behalf of the director; and
(b) to investigate, and report to the Secretary of State on, any allegations made against prisoner custody officers performing custodial duties at the prison or prison officers who are temporarily attached to the prison.
(5) The contractor and any sub-contractor of his shall eachbe under a duty to do all that he reasonably can (whether by giving directions to the officers of the prison or otherwise) to facilitate the exercise by the controller of all such functions as are mentioned in or conferred by subsection (4) above.

---
Source: https://www.legislation.gov.uk/ukpga/1991/53/section/85 (the official version)
Page: https://openlegislation.uk/criminal-justice-act-1991/section-85
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.