Section 40F Offences under sections 40B to 40D: extension of Crown immunityF1 F2

(1)

An individual who—

(a)

works at a prison;

(b)

does not do that work as a servant or agent of the Crown; and

(c)

has been designated by the Secretary of State for the purposes of this section,

shall be treated for the purposes of the application of sections 40B to 40D as if he were doing that work as a servant or agent of the Crown.

(2)

A designation for the purposes of this section may be given—

(a)

in relation to persons specified in the designation or persons of a description so specified; and

(b)

in relation to all work falling within subsection (1)(a) or only in relation to such activities as the designation may provide.

Annotations

F1: Ss. 40D, 40E inserted (1.4.2008) by Offender Management Act 2007 (c. 21), ss. 23(1), 41(1); S.I. 2008/504, art. 3(i)
F2: S. 40F inserted (1.4.2008) by Offender Management Act 2007 (c. 21), ss. 24, 41(1); S.I. 2008/504, art. 3(j)

C1: Power to apply ss. 39–42 with modifications conferred by Army Act 1955 (c. 18), s. 122(3), Air Force Act 1955 (c. 19), s. 122(3) and Naval Discipline Act 1957 (c. 53), s. 82(3)