# Criminal Justice and Public Order Act 1994, Section 106: Contracting out of prisons.

Extent: S

(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.
(2) While a contract under this section for the running of a prison or part of a prison is in force—
(a) the prison or part shall be run subject to and in accordance with—
(i) sections 107 and 108 below; and
(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
(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.
(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—
(a) sections 4 to 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (irritancy clauses); and
(b) the Agricultural Holdings (Scotland) Act 1991 and the Agricultural Holdings (Scotland) Act 2003 (asp 11) .
In this subsection “lease” includes a sub-lease.
(4) In this Chapter—
“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;
“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
“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.

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Source: https://www.legislation.gov.uk/ukpga/1994/33/section/106 (the official version)
Page: https://openlegislation.uk/criminal-justice-and-public-order-act-1994/section-106
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.