Section 88 Intervention by the Secretary of State.I1

England and Wales

(1)

This section applies where, in the case of a contracted out prison, it appears to the Secretary of State—

(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 of preventing serious damage to any property.

(2)

The Secretary of State may appoint a Crown servant 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)

F1the 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 shall comply with any directions given by the governor in the exercise of those functions.

(4)

Where the Secretary of State 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 Secretary of State shall give a notice of the appointment, or a copy of the notice of termination, to the contractor, F2any sub-contractor of his,the director and the controller.

Annotations

Textual amendments

F1: Words in s. 88(3)(b) substituted (3.11.1994) by 1994 c. 33, s. 101(2).
F2: Words in s. 88(5) inserted (3.11.1994) by 1994 c. 33, s. 101(3).

Commencement

I1: S. 88 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

Notes on Part IV

Modifications

C1: Pt. IV (ss. 73-92) applied (30.6.1999) by 1999 c. 9, s. 1(2), Sch. 1 as added by 1991 c. 56, Sch. 4A para. 13(2)(a)