{
  "url": "https://openlegislation.uk/criminal-justice-act-1991/section-88",
  "json_url": "https://openlegislation.uk/criminal-justice-act-1991/section-88.json",
  "legislation": "ukpga/1991/53",
  "legislation_title": "Criminal Justice Act 1991",
  "legislation_url": "https://openlegislation.uk/criminal-justice-act-1991",
  "path": "section/88",
  "kind": "section",
  "number": "88",
  "heading": "Intervention by the Secretary of State.",
  "text": "(1) This section applies where, in the case of a contracted out prison, it appears to the Secretary of State—\n(a) that the director has lost, or is likely to lose, effective control of the prison or any part of it; and\n(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.\n(2) The Secretary of State may appoint a Crown servant to act as governor of the prison for the period—\n(a) beginning with the time specified in the appointment; and\n(b) ending with the time specified in the notice of termination under subsection (4) below.\n(3) During that period—\n(a) all the functions which would otherwise be exercisable by the director or the controller shall be exercisable by the governor;\n(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\n(c) the officers of the prison shall comply with any directions given by the governor in the exercise of those functions.\n(4) Where the Secretary of State is satisfied—\n(a) that the governor has secured effective control of the prison or, as the case may be, the relevant part of it; and\n(b) that the governor’s appointment is no longer necessary as mentioned in subsection (1)(b) above,\nhe shall, by a notice to the governor, terminate the appointment at a time specified in the notice.\n(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, any sub-contractor of his,the director and the controller.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 88(3)(b) substituted (3.11.1994) by 1994 c. 33, s. 101(2)."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 88(5) inserted (3.11.1994) by 1994 c. 33, s. 101(3)."
    },
    {
      "type": "I",
      "label": "I1",
      "text": "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"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1991/53/section/88",
    "retrieved_at": "2026-10-29T09:36:55.708645+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}