{
  "url": "https://openlegislation.uk/scotland-act-1998-consequential-modifications-no2-order-1999/schedule-2/paragraph-75",
  "json_url": "https://openlegislation.uk/scotland-act-1998-consequential-modifications-no2-order-1999/schedule-2/paragraph-75.json",
  "legislation": "uksi/1999/1820",
  "legislation_title": "The Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999",
  "legislation_url": "https://openlegislation.uk/scotland-act-1998-consequential-modifications-no2-order-1999",
  "path": "schedule/2/paragraph/75",
  "kind": "paragraph",
  "number": "75",
  "heading": "Repatriation of Prisoners Act 1984 (c. 47)",
  "text": "(1) The Repatriation of Prisoners Act 1984 is amended as follows.\n(2) In section 1 (issue of warrant for transfer)–\n(a) for “Secretary of State”, wherever those words appear, there is substituted “relevant Minister”; and\n(b) after subsection (8), there is inserted–\n“(9) In this section “relevant Minister” means–\n(a) the Scottish Ministers in a case where the person who is the subject of the proposed transfer is for the time being required to be detained in a prison, a hospital or any other institution either–\n(i) in Scotland; or\n(ii) in the country or territory referred to in subsection (1)(b) above if it is proposed to transfer him from that country or territory to Scotland; and\n(b) the Secretary of State in any other case.”.\n(3) In section 2 (transfer out of the United Kingdom)–\n(a) in subsection (3), for “Secretary of State”, in both places where those words appear, there is substituted “relevant Minister”; and\n(b) after subsection (3) there is inserted–\n“(3A) In subsection (3) above, “relevant Minister” means–\n(a) the Scottish Ministers where the order referred to in subsection (2) above relates to a person who has been removed from Scotland by virtue of a warrant issued under section 1 above; and\n(b) the Secretary of State in any other case.”.\n(4) In sections 3(1)(c) and (3) (transfer into the United Kingdom), for “Secretary of State” there is substituted “relevant Minister”.\n(5) In section 4 (temporary return)–\n(a) in subsection (1), for “Secretary of State”, there is substituted “relevant Minister”; and\n(b) after subsection (4) there is inserted–\n“(5) In this section “relevant Minister” means–\n(a) the Scottish Ministers in a case where the prisoner is a person who is either–\n(i) detained in Scotland and the transfers are for the purpose of a temporary return of the prisoner to a country or territory outside the British Islands from which he has previously been transferred into Scotland under this Act or any other enactment; or\n(ii) detained in a country or territory outside the British Islands to which he has previously been transferred from Scotland under this Act; and\n(b) the Secretary of State in any other case.”.\n(6) In section 5 (operation of warrant and retaking prisoners)–\n(a) in subsections (2) and (3), for “Secretary of State”, there is substituted “relevant Minister”; and\n(b) after subsection (7) there is inserted–\n“(8) In this section “relevant Minister” means–\n(a) the Scottish Ministers where the warrant provides for the transfer of a prisoner to or from Scotland; and\n(b) the Secretary of State in any other case.”.\n(7) In section 6 (revocation etc. of warrants)–\n(a) in subsection (1), for “Secretary of State”, there is substituted “relevant Minister”; and\n(b) after subsection (4) there is inserted–\n“(5) In this section “relevant Minister” means–\n(a) the Scottish Ministers where the warrant provides for the transfer of a prisoner to or from Scotland; and\n(b) the Secretary of State in any other case.”.\n(8) In section 7 (expenses)–\n(a) in subsections (2) and (3), for “Secretary of State” wherever it appears, there is substituted “relevant Minister”;\n(b) after subsection (3) there is inserted–\n“(3A) In subsections (2) and (3) above, “relevant Minister” means–\n(a) the Scottish Ministers where the transfer is to Scotland; and\n(b) the Secretary of State in any other case.”; and\n(c) after subsection (5) there is inserted–\n“(5A) The Scottish Ministers shall pay any sums received by them by virtue of subsection (2) above into the Scottish Consolidated Fund.”.\n(9) In section 8 (interpretation and certificates)–\n(a) in subsection (3), for “Secretary of State”, there is substituted “relevant Minister”; and\n(b) after subsection (3) there is inserted–\n“(4) In subsection (3) above, “relevant Minister” means–\n(a) the Scottish Ministers where the proceedings relate to a transfer which they have the responsibility under this Act to make or consider making; and\n(b) the Secretary of State in any other case.”.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 75 in force at 1.7.1999, see art. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1999/1820/schedule/2/paragraph/75",
    "retrieved_at": "2026-10-29T10:23:54.889802+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."
}