{
  "url": "https://openlegislation.uk/criminal-justice-and-public-order-act-1994/section-106",
  "json_url": "https://openlegislation.uk/criminal-justice-and-public-order-act-1994/section-106.json",
  "legislation": "ukpga/1994/33",
  "legislation_title": "Criminal Justice and Public Order Act 1994",
  "legislation_url": "https://openlegislation.uk/criminal-justice-and-public-order-act-1994",
  "path": "section/106",
  "kind": "section",
  "number": "106",
  "heading": "Contracting out of prisons.",
  "text": "(1) The Scottish Ministers may enter into a contract with another person for the provision or running (or the provision and running) by him, or (if the contract so provides) for the running by sub-contractors of his, of any prison or part of a prison in Scotland.\n(2) While a contract under this section for the running of a prison or part of a prison is in force—\n(a) the prison or part shall be run subject to and in accordance with—\n(i) sections 107 and 108 below; and\n(ii) the 1989 Act and prison rules and directions made under or by virtue of that Act (all as modified by section 110 below); and\n(b) in the case of a part, that part and the remaining part shall each be treated for the purposes of sections 107 to 112 below as if they were separate prisons.\n(3) Where the Scottish Ministersgrants a lease for the purpose of any contract under this section, none of the following enactments shall apply to it—\n(a) sections 4 to 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (irritancy clauses); and\n(b) the Agricultural Holdings (Scotland) Act 1991 and the Agricultural Holdings (Scotland) Act 2003 (asp 11) .\nIn this subsection “lease” includes a sub-lease.\n(4) In this Chapter—\n“contracted out prison” means a prison or part of a prison for the running of which a contract under this section is for the time being in force;\n“the contractor”, in relation to a contracted out prison, means the person who has contracted with the Scottish Ministers for the running of it; and\n“sub-contractor”, in relation to a contracted out prison, means a person who has contracted with the contractor for the running of it or any part of it.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 106 substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I, para. 115(3); S.I. 1998/3178, art. 2"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 106(3)(b) inserted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), ss. 94, 95(3)(4), Sch. para. 50 (with s. 95(1)); S.S.I. 2003/548, art. 2(i)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1985 c.73."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "1991 c.55."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1994/33/section/106",
    "retrieved_at": "2026-10-29T09:33:43.965785+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."
}