Section 4 Interpretation.

England, Wales and Scotland

I1(1)

In the application of this Act to a contracted out prison—

(a)

any reference to the governor shall be construed as a reference to the director; and

(b)

the reference to the Secretary of State in section 1 above shall be construed as a reference to the person running the prison.

(2)

In the application of this Act to England and Wales—

“contracted out prison” has the meaning given by section 92(1) of the M1Criminal Justice Act 1991;
“prescribed” means prescribed by prison rules;
“prisoner” includes a prisoner on temporary release and a person required to be detained in a young offender institution F1or remand centre;
“prison rules” means rules made under section 47 of the M2Prison Act 1952.

(3)

In the application of this Act to Scotland—

“contracted out prison” has the meaning given by section 106(4) of the M3Criminal Justice and Public Order Act 1994;
“prescribed” means prescribed by prison rules;
“prisoner” includes a prisoner on temporary release and a person required to be detained in a young offenders institution F2...;
“prison rules” means rules made under section 39 of the M4Prisons (Scotland) Act 1989.

Annotations

F1: S. 4(2): words in definition of “prisoner” repealed (prosp.) by 2000 c. 43, ss. 75, 80(1), Sch. 8
F2: Words in s. 4(3) repealed (28.8.2024) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), s. 38(3), sch. para. 17(2); S.S.I. 2024/211, reg. 2(j)(ii) (with reg. 3)