102.—(1) The Secretary of State may make arrangements for any of the functions specified in subsection (2) below ("escort functions") to be performed in such cases as may be determined by or under the arrangements by prisoner custody officers who are authorised to perform such functions.

(2) Those functions are—

(a) the transfer of prisoners from one set of relevant premises to another;

(b) the custody of prisoners held on court premises (whether or not they would otherwise be in the custody of the court) and their production before the court;

(c) the custody of prisoners temporarily held in a prison in the course of transfer from one prison to another; and

(d) the custody of prisoners while they are outside a prison for temporary purposes.

(3) In paragraph (a) of subsection (2) above, "relevant premises" means—

(a) the premises of any court, prison, police station or hospital; or

(b) the premises of any other place from or to which a prisoner may be required to be taken under the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 or the [1984 c. 36.] Mental Health (Scotland) Act 1984;

and either (but not both) of the sets of premises mentioned in that paragraph may be situated in a part of the British Islands outside Scotland.

(4) Arrangements made by the Secretary of State under this section ("prisoner escort arrangements") may include entering into contracts with other persons for the provision by them of prisoner custody officers.

(5) Any person who, under a warrant or hospital order, is responsible for the performance of any such function as is mentioned in subsection (2) above shall be deemed to have complied with that warrant or order if he does all that he reasonably can to secure that the function is performed by a prisoner custody officer acting in pursuance of prisoner escort arrangements.

(6) In this section—

"hospital" has the same meaning as in the Mental Health (Scotland) Act 1984;

"hospital order" means an order for a person's detention in, or admission to and detention in, a hospital under section 174, 174A, 175, 375A or 376 of the Act of 1975 or section 70 of the Act of 1984; and

"warrant" means a warrant for committal, a warrant for arrest, a warrant under section 69, 73, 74 or 75 of the Act of 1984, a transfer direction under section 71 of that Act or any other warrant, order or direction under the Act of 1975 or the Act of 1984 requiring a person to be taken to a particular place.

103.—(1) Prisoner escort arrangements shall include the appointment of a prisoner escort monitor, that is to say, a Crown servant whose duty it shall be—

(a) to keep the arrangements under review and to report on them to the Secretary of State;

(b) to investigate and report to the Secretary of State on any allegations made against prisoner custody officers acting in pursuance of the arrangements; and

(c) to report to the Secretary of State on any alleged breaches of discipline on the part of prisoners for whose transfer or custody such officers so acting are responsible.

(2) In section 7(2) (functions of Her Majesty's Chief Inspector of Prisons for Scotland) of the 1989 Act—

(a) after "Inspector" there shall be inserted

   "—

   (a) "

; and

(b) at the end there shall be inserted—

      " and

      (b) to inspect the conditions in which prisoners are transported or held in pursuance of prisoner escort arrangements (within the meaning of section 102 of the [1994 c. 33.] Criminal Justice and Public Order Act 1994) and to report to the Secretary of State on them."

104.—(1) A prisoner custody officer acting in pursuance of prisoner escort arrangements shall have power to search—

(a) any prisoner for whose transfer or custody he is responsible in accordance with the arrangements; and

(b) any other person who is in or is seeking to enter any place where any such prisoner is or is to be held and any article in the possession of such a person.

(2) The power conferred by subsection (1)(b) above to search a person shall not be construed as authorising a prisoner custody officer to require a person to remove any of his clothing other than an outer coat, jacket, headgear and gloves.

(3) A prisoner custody officer shall, as respects prisoners for whose transfer or custody he is responsible in pursuance of prisoner escort arrangements, have the duty—

(a) to prevent their escape from legal custody;

(b) to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts;

(c) to ensure good order and discipline on their part;

(d) to attend to their wellbeing; and

(e) to give effect to any directions as to their treatment which are given by a court.

(4) Where a prisoner custody officer acting in pursuance of prisoner escort arrangements is on any premises in which a court of summary jurisdiction is sitting he shall have the duty to give effect to any order of the court under section 395(2) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 requiring an offender to be searched.

(5) The powers conferred by subsection (1) above and the powers arising by virtue of subsections (3) and (4) above shall include power to use reasonable force where necessary.

(6) Prison rules may make provision in relation to—

(a) the power conferred by subsection (1) above; and

(b) the duty imposed by subsection (3)(d) above.

105.—(1) Where a prisoner for whose transfer or custody a prisoner custody officer has been responsible in pursuance of prisoner escort arrangements is delivered to a prison, he shall be deemed, for the purposes of such prison rules as relate to breaches of discipline, to have been—

(a) in the custody of the governor of the prison; or

(b) in the case of a contracted out prison, in the custody of its director,

at all times during the period for which that officer was so responsible, and that officer may bring a charge of breach of such rules as so relate against the prisoner in respect of any such time.

(2) Nothing in subsection (1) above shall render a prisoner liable to be punished under prison rules for any act or omission of his for which he has already been punished by a court.

(3) In this section "prison rules”, in relation to a prison situated in a part of the British Islands outside Scotland, means rules made under any provision of the law of that part which corresponds to section 39 of the 1989 Act.

106.—(1) The Secretary of State 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 Secretary of State grants 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 [1985 c. 73.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (irritancy clauses); and

(b) the [1991 c. 55.] Agricultural Holdings (Scotland) Act 1991.

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 Secretary of State 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.

107.—(1) Instead of a governor, every contracted out prison shall have—

(a) a director, who shall be a prisoner custody officer appointed by the contractor and specially approved for the purposes of this section by the Secretary of State; and

(b) a controller, who shall be a Crown servant appointed by the Secretary of State,

and every officer of such a prison who performs custodial duties shall be a prisoner custody officer who is authorised to perform such duties or a prison officer who is temporarily attached to the prison.

(2) Subject to subsection (3) below, the director shall have the same functions as are conferred on a governor by the 1989 Act and by prison rules.

(3) The director shall not—

(a) have any function which is conferred on a controller by virtue of subsection (4) below;

(b) inquire into a disciplinary charge brought against a prisoner, conduct the hearing of such a charge or make, remit or mitigate an award in respect of such a charge; or

(c) except in cases of urgency, order the removal of a prisoner from association with other prisoners, the temporary confinement of a prisoner in a special cell or the application to a prisoner of any other special control or restraint.

(4) The controller shall have such functions as may be conferred on him by prison rules and shall be under a duty—

(a) to keep under review, and report to the Secretary of State on, the running of the prison by or on behalf of the director; and

(b) to investigate, and report to the Secretary of State on, any allegations made against prisoner custody officers performing custodial duties at the prison or prison officers who are temporarily attached to the prison.

(5) The contractor and any sub-contractor of his shall each be under a duty to do all that he reasonably can (whether by giving directions to the officers of the prison or otherwise) to facilitate the exercise by the controller of all such functions as are mentioned in or conferred by subsection (4) above.

(6) Every contracted out prison shall have a medical officer, who shall be a registered medical practitioner appointed by the contractor or, if the contract provides for the running of the prison by a sub-contractor, by the sub-contractor.

108.—(1) A prisoner custody officer performing custodial duties at a contracted out prison shall have power to search—

(a) any prisoner who is confined in the prison or for whose custody he is responsible; and

(b) any other person who is in or is seeking to enter the prison and any article in the possession of such a person.

(2) The power conferred by subsection (1)(b) above to search a person shall not be construed as authorising a prisoner custody officer to require a person to remove any of his clothing other than an outer coat, jacket, headgear and gloves.

(3) A prisoner custody officer performing custodial duties at a contracted out prison shall, as respects the prisoners for whose custody he is responsible, have the duty—

(a) to prevent their escape from legal custody;

(b) to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts;

(c) to ensure good order and discipline on their part; and

(d) to attend to their wellbeing.

(4) The powers conferred by subsection (1) above and the powers arising by virtue of subsection (3) above shall include power to use reasonable force where necessary.

109.—(1) This section applies where a prisoner custody officer who performs custodial duties at a contracted out prison is responsible for the custody of a prisoner who is outside the prison for temporary purposes.

(2) For the purposes of such prison rules as relate to breaches of discipline the prisoner shall be deemed to have been in the custody of the director of the prison at all times during the period for which the prisoner custody officer was so responsible, and that officer may bring a charge of breach of such rules as so relate against the prisoner in respect of any such time.

(3) Nothing in subsection (1) above shall render a prisoner liable to be punished under prison rules for any act or omission of his for which he has already been punished by a court.

110.—(1) In relation to a contracted out prison, the provisions specified in subsections (2) to (7) below shall have effect subject to the modifications so specified.

(2) In section 3 of the 1989 Act (general superintendence of prisons)—

(a) in subsection (1), the words from "who shall appoint" to the end shall be omitted; and

(b) subsection (3) shall not apply.

(3) In sections 9(5), 11(4), 15(1) and (3) (various functions of the governor of a prison), 33A (power of governor to delegate functions), 34 (duty of governor where prisoner dies), 39(8) and (12) (prison rules), 41(4) (detention of person suspected of bringing prohibited article into prison) and 41B(3) (testing prisoners for drugs) of that Act, in prison rules and in directions made by virtue of section 39(8) of that Act the reference to the governor shall be construed as a reference to the director.

(4) In sections 11(4) (execution of certain warrants by prison officers etc.), 13(b) (legal custody of prisoners), 33A (power of governor to delegate functions), 40(1) (persons unlawfully at large), 41(3), (4), (6) and (8) (detention of person suspected of bringing prohibited article into prison) and 41B(1) (testing prisoners for drugs) of that Act, the reference to an officer of a prison (or, as the case may be, a prison officer) shall be construed as a reference to a prisoner custody officer performing custodial duties at the prison or a prison officer temporarily attached to the prison.

(5) Section 36 of that Act (vesting of prison property in Secretary of State) shall have effect subject to the provisions of the contract entered into under section 106 above.

(6) Sections 37 (discontinuance of prison), 41(2A) and (2B) (power to search for prohibited articles) and 41A (powers of search by authorised employees) of that Act shall not apply.

(7) In prison rules, in subsection (8) of section 39 of that Act (directions supplementing prison rules) and in any direction made by virtue of that subsection, the reference to an officer of a prison (or, as the case may be, a prison officer) shall be construed as including a reference to a prisoner custody officer performing custodial duties at the prison.

111.—(1) This section applies where, in the case of a contracted out prison, it appears to the Secretary of State—

(a) that the director has lost or is likely to lose effective control of the prison or any part of it; and

(b) that the making of an appointment under subsection (2) below is necessary in the interests of preserving the safety of any person or preventing serious damage to any property.

(2) The Secretary of State may appoint a Crown servant to act as governor of the prison for the period—

(a) beginning with the time specified in the appointment; and

(b) ending with the time specified in the notice of termination under subsection (4) below.

(3) During that period—

(a) all the functions which would otherwise be exercisable by the director or the controller shall be exercisable by the governor;

(b) the contractor and any sub-contractor of his shall each do all that he reasonably can to facilitate the exercise by the governor of those functions; and

(c) the officers of the prison shall comply with any directions given by the governor in the exercise of those functions.

(4) Where the Secretary of State is satisfied—

(a) that the governor has secured effective control of the prison or, as the case may be, the relevant part of it; and

(b) that the governor's appointment is no longer necessary as mentioned in subsection (1)(b) above,

he shall, by a notice to the governor, terminate the appointment at a time specified in the notice.

(5) As soon as practicable after making or terminating an appointment under this section, the Secretary of State shall give a notice of the appointment, or a copy of the notice of termination, to the contractor, any sub-contractor of his, the director and the controller.

112.—(1) The Secretary of State may enter into a contract with another person for any functions at a directly managed prison to be performed by prisoner custody officers who are provided by that person and are authorised to perform custodial duties.

(2) Sections 108 and 109 above shall apply in relation to a prisoner custody officer performing contracted out functions at a directly managed prison as they apply in relation to such an officer performing custodial duties at a contracted out prison, but as if the reference in section 109(2) to the director of the contracted out prison were a reference to the governor of the directly managed prison.

(3) In relation to a directly managed prison, the references to an officer of a prison (or, as the case may be, a prison officer) in the provisions specified in subsection (4) below shall each be construed as including a reference to a prisoner custody officer performing custodial duties at the prison in pursuance of a contract under this section.

(4) Those provisions are—

(a) section 11(4) of the 1989 Act (execution of certain warrants by prison officers etc.);

(b) section 13(b) of that Act (legal custody of prisoners);

(c) section 33A of that Act (power of governor to delegate functions);

(d) subsection (8) of section 39 of that Act (directions supplementing prison rules) and directions made by virtue of that subsection;

(e) section 40(1) of that Act (persons unlawfully at large);

(f) section 41(3), (4), (6) and (8) of that Act (prohibited articles); and

(g) prison rules.

(5) Section 41(2A) and (2B) of the 1989 Act (search of person suspected of bringing prohibited article into prison) shall not apply in relation to a prisoner custody officer performing contracted out functions at a directly managed prison.

(6) Any reference in the foregoing provisions of this section to the performance of functions or custodial duties at a directly managed prison includes a reference to the performance of functions or such duties for the purposes of, or for purposes connected with, such a prison.

(7) In this Chapter—

"contracted out functions" means any functions which, by virtue of a contract under this section, fall to be performed by prisoner custody officers; and

"directly managed prison" means a prison which is not a contracted out prison.

113.—(1) The Secretary of State may declare to be a prison—

(a) any building or part of a building built or adapted for the purpose; and

(b) any floating structure or part of such a structure constructed or adapted for the purpose,

whether vested in, or under the control of, the Secretary of State or any other person.

(2) Section 106(1) and subsection (1) above are without prejudice to the Secretary of State's powers under the 1989 Act with respect to the provision of prisons.

(3) A declaration under subsection (1) above—

(a) shall have effect for the purposes of the 1989 Act and any other enactment (including an enactment contained in subordinate legislation);

(b) shall not be sufficient to vest the legal estate in any building or structure in the Secretary of State; and

(c) may be revoked by the Secretary of State at any time other than a time when the prison to which it relates is a contracted out prison.

(4) Nothing in section 36 of the 1989 Act (prison property to be vested in the Secretary of State) shall require the legal estate in—

(a) any prison provided under a contract entered into under section 106(1) above;

(b) any prison declared to be such under subsection (1) above and not vested in the Secretary of State; or

(c) any heritable or moveable property belonging to any prison mentioned in paragraph (a) or (b) above,

to be vested in the Secretary of State.

114.—(1) In this Chapter "prisoner custody officer" means a person in respect of whom a certificate is for the time being in force certifying—

(a) that he has been approved by the Secretary of State for the purpose of performing escort functions or custodial duties or both; and

(b) that he is accordingly authorised to perform them.

(2) Schedule 6 to this Act shall have effect with respect to the certification of prisoner custody officers.

(3) Prison rules may make provision regarding the powers and duties of prisoner custody officers performing custodial duties.

115.—(1) A person who—

(a) is or has been employed (whether as a prisoner custody officer or otherwise) in pursuance of prisoner escort arrangements, or at a contracted out prison; or

(b) is or has been employed to perform contracted out functions at a directly managed prison,

shall be guilty of an offence if he discloses, otherwise than in the course of his duty or as authorised by the Secretary of State, any information which he acquired in the course of his employment and which relates to a particular prisoner.

(2) A person guilty of an offence under subsection (1) above shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both;

(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

116.—(1) In section 19(4)(b) of the 1989 Act (remand centres and young offenders institutions), for "33" there shall be substituted

   "33A"

(2) Section 33 of that Act (miscellaneous duties of prison governor) shall cease to have effect.

(3) After section 33 of that Act there shall be inserted the following section—

"Power of governor to delegate functions.                             

33A.Rules made under section 39 of this Act may permit the governor of a prison to authorise an officer of the prison, or a class of such officers, to exercise on his behalf such of the governor's functions as the rules may specify."

(4) In section 39 of that Act (prison rules)—

(a) in subsection (1), after "Act" there shall be inserted "or any other enactment"

(b) in subsection (8), for "the purpose so specified" there shall be substituted "any purpose specified in the rules" and

(c) after subsection (11), there shall be inserted the following subsection—

      "(12) Rules made under this section may (without prejudice to the generality of subsection (1) above) confer functions on a governor."

117.—(1) In this Chapter, except where otherwise expressly provided—

"the 1989 Act" means the [1989 c. 45.] Prisons (Scotland) Act 1989;

"contracted out prison" and "the contractor" have the meanings given by section 106(4) above;

"contracted out functions" and "directly managed prison" have the meanings given by section 112(7) above;

"custodial duties" means custodial duties at a contracted out or a directly managed prison;

"escort functions" has the meaning given by section 102(1) above;

"prison" includes—

(a) any prison other than a naval, military or air force prison; and

(b) a remand centre or young offenders institution within the meaning of section 19 of the 1989 Act;

"prison officer" means an officer of a directly managed prison;

"prison rules" means rules made under section 39 of the 1989 Act;

"prisoner" means any person who is in legal custody or is deemed to be in legal custody under section 215 or 426 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975;

"prisoner custody officer" has the meaning given by section 114(1) above;

"prisoner escort arrangements" has the meaning given by section 102(4) above; and

"sub-contractor" has the meaning given by section 106(4) above.

(2) Any reference in this Chapter to custodial duties at a contracted out or directly managed prison includes a reference to custodial duties in relation to a prisoner who is outside such a prison for temporary purposes.

(3) In sections 102(1) to (3), 104 and 105 above, "prison"—

(a) so far as relating to the transfer of prisoners to or from a prison situated in England and Wales, includes a young offender institution and a remand centre; and

(b) so far as relating to the transfer of prisoners to or from a prison situated in Northern Ireland, includes a young offenders centre and a remand centre.

Chapter III

Northern Ireland

Prisoner escorts

118.—(1) The Secretary of State may make arrangements for any of the following functions, namely—

(a) the delivery of prisoners from one set of relevant premises to another;

(b) the custody of prisoners held on the premises of any court (whether or not they would otherwise be in the custody of the court) and their production before the court;

(c) the custody of prisoners temporarily held in a prison in the course of delivery from one prison to another; and

(d) the custody of prisoners while they are outside a prison for temporary purposes;

to be performed in such cases as may be determined by or under the arrangements by prisoner custody officers who are authorised to perform such functions.

(2) In paragraph (a) of subsection (1) above, "relevant premises" means a court, prison, police station or hospital; and either (but not both) of the sets of premises mentioned in that paragraph may be situated in a part of the British Islands outside Northern Ireland.

(3) Arrangements made by the Secretary of State under this section ("prisoner escort arrangements") may include entering into contracts with other persons for the provision by them of prisoner custody officers.

(4) Any person who, under a warrant or a hospital order or remand, is responsible for the performance of any such function as is mentioned in subsection (1) above shall be deemed to have complied with that warrant, order or remand if he does all that he reasonably can to secure that the function is performed by a prisoner custody officer acting in pursuance of prisoner escort arrangements.

(5) In this section—

"hospital" has the same meaning as in the [S.I. 1986/595 (N.I. 4).] Mental Health (Northern Ireland) Order 1986;

"hospital order" means an order for a person's admission to hospital under Article 44, 45, 49 or 50 of that Order, or section 11 or 13 of the [1980 c. 47.] Criminal Appeal (Northern Ireland) Act 1980;

"hospital remand" means a remand of a person to hospital under Article 42 or 43 of the Mental Health (Northern Ireland) Order 1986;

"warrant" means a warrant of commitment, a warrant of arrest or a warrant under Article 52, 53, 54, 56 or 79 of that Order.

119.—(1) Prisoner escort arrangements shall include the appointment of a prisoner escort monitor, that is to say, a Crown servant whose duty it shall be to keep the arrangements under review and to report on them to the Secretary of State.

(2) It shall also be the duty of a prisoner escort monitor to investigate and report to the Secretary of State on—

(a) any allegations made against prisoner custody officers acting in pursuance of the arrangements; and

(b) any alleged breaches of discipline on the part of prisoners for whose delivery or custody such officers so acting are responsible.

120.—(1) A prisoner custody officer acting in pursuance of prisoner escort arrangements shall have the following powers, namely—

(a) to search in accordance with rules made by the Secretary of State any prisoner for whose delivery or custody he is responsible in accordance with the arrangements; and

(b) to search any other person who is in or is seeking to enter any place where any such prisoner is or is to be held and any article in the possession of such a person.

(2) The powers conferred by subsection (1)(b) above to search a person shall not be construed as authorising a prisoner custody officer to require a person to remove any of his clothing other than an outer coat, hat, jacket or gloves.

(3) A prisoner custody officer shall have the following duties as respects prisoners for whose delivery or custody he is responsible in pursuance of prisoner escort arrangements, namely—

(a) to prevent their escape from lawful custody;

(b) to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts;

(c) to ensure good order and discipline on their part;

(d) to attend to their wellbeing; and

(e) to give effect to any directions as to their treatment which are given by a court,

and the Secretary of State may make rules with respect to the performance by prisoner custody officers of their duty under paragraph (d) above.

(4) Where a prisoner custody officer acting in pursuance of prisoner escort arrangements is on any premises in which a magistrates' court is sitting, it shall be his duty to give effect to any order of that court made under Article 110 of the [S.I. 1981/1675 (N.I.26).] Magistrates' Courts (Northern Ireland) Order 1981 (application of funds found upon defaulter).

(5) The powers conferred by subsection (1) above and the powers arising by virtue of subsections (3) and (4) above shall include power to use reasonable force where necessary.

(6) The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

121.—(1) This section applies where a prisoner for whose delivery or custody a prisoner custody officer has been responsible in pursuance of prisoner escort arrangements is delivered to a prison.

(2) For the purpose of such prison rules as relate to disciplinary offences, the prisoner shall be deemed to have been in the custody of the governor of the prison at all times during the period for which the prisoner custody officer was so responsible.

(3) In the case of any breach by the prisoner at any time during the period of such prison rules as so relate, a disciplinary charge may be laid against him by the prisoner custody officer.

(4) Nothing in this section shall enable a prisoner to be punished under prison rules for any act or omission of his for which he has already been punished by a court.

(5) In this section "prison rules" , in relation to a prison situated in a part of the British Islands outside Northern Ireland, means rules made under any provision of the law of that part which corresponds to section 13 of the [1953 c. 18 (N.I.).] Prison Act (Northern Ireland) 1953.

122.—(1) In this Chapter "prisoner custody officer" means a person in respect of whom a certificate is for the time being in force certifying—

(a) that he has been approved by the Secretary of State for the purpose of performing escort functions; and

(b) that he is accordingly authorised to perform them.

(2) Schedule 7 to this Act shall have effect with respect to the certification of prisoner custody officers.

(3) In this section and Schedule 7 to this Act "escort functions" means the functions specified in section 118(1) above.

123.—(1) Any person who assaults a prisoner custody officer acting in pursuance of prisoner escort arrangements shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

(2) Article 18(2) of the [S.I.1981/155 (N.I. 2).] Firearms (Northern Ireland) Order 1981 (additional penalty for possession of firearms when committing certain offences) shall apply to offences under subsection (1) above.

(3) Any person who resists or wilfully obstructs a prisoner custody officer acting in pursuance of prisoner escort arrangements shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) For the purposes of this section, a prisoner custody officer shall not be regarded as acting in pursuance of prisoner escort arrangements at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).

124.—(1) A person who is or has been employed (whether as a prisoner custody officer or otherwise) in pursuance of prisoner escort arrangements shall be guilty of an offence if he discloses, otherwise than in the course of his duty or as authorised by the Secretary of State, any information which he acquired in the course of his employment and which relates to a particular prisoner.

(2) A person guilty of an offence under subsection (1) above shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both;

(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

125.—(1) In this Chapter—

"prison" includes a young offenders centre or remand centre;

"prisoner custody officer" has the meaning given by section 122(1) above;

"prison rules" means rules made under section 13 of the [1953 c. 18 (N.I.).] Prison Act (Northern Ireland) 1953;

"prisoner" means any person for the time being detained in lawful custody as the result of a requirement imposed by a court or otherwise that he be so detained;

"prisoner escort arrangements" has the meaning given by section 118(3) above.

(2) Sections 118, 119(1) and (2)(a), 120 and 122 to 124 above, subsection (1) above and Schedule 7 to this Act shall have effect as if—

(a) any reference in section 118(1), 119(1), 120 or 124 above to prisoners included a reference to persons remanded or committed to custody in certain premises under section 51, 74 or 75 of the [1968 c. 34 (N.I.).] Children and Young Persons Act (Northern Ireland) 1968 or ordered to be sent to a training school under section 74 or 78 of that Act; and

(b) any reference in section 118(1)(c) or (d) or (2) above to a prison included a reference to such premises or training school.

(3) In sections 118, 120 and 121 above, "prison"—

(a) so far as relating to the delivery of prisoners to or from a prison situated in England and Wales, includes a remand centre or young offender institution; and

(b) so far as relating to the delivery of prisoners to or from a prison situated in Scotland, includes a remand centre or young offenders institution within the meaning of section 19 of the [1989 c. 45.] Prisons (Scotland) Act 1989.

The Prison Service

126.—(1) The relevant employment legislation shall have effect as if an individual who as a member of the prison service acts in a capacity in which he has the powers or privileges of a constable were not, by virtue of his so having those powers or privileges, to be regarded as in police service for the purposes of any provision of that legislation.

(2) In this section "the relevant employment legislation" means—

(a) the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 and the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992; and

(b) the [S.I. 1976/1043 (N.I. 16).] Industrial Relations (Northern Ireland) Order 1976, the [S.I. 1976/2147 (N.I. 28).] Industrial Relations (No. 2) (Northern Ireland) Order 1976 and the [S.I. 1992/807 (N.I. 5).] Industrial Relations (Northern Ireland) Order 1992.

(3) For the purposes of this section a person is a member of the prison service if he is an individual holding a post to which he has been appointed for the purposes of section 7 of the [1952 c. 52.] Prison Act 1952 or under section 2(2) of the [1953 c. 18 (N.I.).] Prison Act (Northern Ireland) 1953 (appointment of prison staff).

(4) Except for the purpose of validating anything that would have been a contravention of section 127(1) below if it had been in force, subsection (1) above, so far as it relates to the question whether an organisation consisting wholly or mainly of members of the prison service is a trade union, shall be deemed always to have had effect and to have applied, in relation to times when provisions of the relevant employment legislation were not in force, to the corresponding legislation then in force.

(5) Subsection (6) below shall apply where—

(a) the certificate of independence of any organisation has been cancelled, at any time before the passing of this Act, in consequence of the removal of the name of that organisation from a list of trade unions kept under provisions of the relevant employment legislation; but

(b) it appears to the Certification Officer that the organisation would have remained on the list, and that the certificate would have remained in force, had that legislation had effect at and after that time in accordance with subsection (1) above.

(6) Where this subsection applies—

(a) the Certification Officer shall restore the name to the list and delete from his records any entry relating to the cancellation of the certificate;

(b) the removal of the name from the list, the making of the deleted entry and the cancellation of the certificate shall be deemed never to have occurred; and

(c) the organisation shall accordingly be deemed, for the purposes for which it is treated by virtue of subsection (4) above as having been a trade union, to have been independent throughout the period between the cancellation of the certificate and the deletion of the entry relating to that cancellation.

127.—(1) A person contravenes this subsection if he induces a prison officer—

(a) to withhold his services as such an officer; or

(b) to commit a breach of discipline.

(2) The obligation not to contravene subsection (1) above shall be a duty owed to the Secretary of State.

(3) Without prejudice to the right of the Secretary of State, by virtue of the preceding provisions of this section, to bring civil proceedings in respect of any apprehended contravention of subsection (1) above, any breach of the duty mentioned in subsection (2) above which causes the Secretary of State to sustain loss or damage shall be actionable, at his suit or instance, against the person in breach.

(4) In this section "prison officer" means any individual who—

(a) holds any post, otherwise than as a chaplain or assistant chaplain or as a medical officer, to which he has been appointed for the purposes of section 7 of the [1952 c. 52.] Prison Act 1952 or under section 2(2) of the [1953 c. 18 (N.I.).] Prison Act (Northern Ireland) 1953 (appointment of prison staff),

(b) holds any post, otherwise than as a medical officer, to which he has been appointed under section 3(1) of the [1989 c. 45.] Prisons (Scotland) Act 1989, or

(c) is a custody officer within the meaning of Part I of this Act or a prisoner custody officer, within the meaning of Part IV of the [1991 c. 53.] Criminal Justice Act 1991 or Chapter II or III of this Part.

(5) The reference in subsection (1) above to a breach of discipline by a prison officer is a reference to a failure by a prison officer to perform any duty imposed on him by the prison rules or any code of discipline having effect under those rules or any other contravention by a prison officer of those rules or any such code.

(6) In subsection (5) above "the prison rules" means any rules for the time being in force under section 47 of the Prison Act 1952, section 39 of the Prisons (Scotland) Act 1989 or section 13 of the Prison Act (Northern Ireland) 1953 (prison rules).

(7) This section shall be disregarded in determining for the purposes of any of the relevant employment legislation whether any trade union is an independent trade union.

(8) Nothing in the relevant employment legislation shall affect the rights of the Secretary of State by virtue of this section.

(9) In this section "the relevant employment legislation" has the same meaning as in section 126 above.

128.—(1) The Secretary of State may by regulations provide for the establishment, maintenance and operation of procedures for the determination from time to time of—

(a) the rates of pay and allowances to be applied to the prison service; and

(b) such other terms and conditions of employment in that service as may appear to him to fall to be determined in association with the determination of rates of pay and allowances.

(2) Before making any regulations under this section the Secretary of State shall consult with such organisations appearing to him to be representative of persons working in the prison service and with such other persons as he thinks fit.

(3) The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Regulations under this section may—

(a) provide for determinations with respect to matters to which the regulations relate to be made wholly or partly by reference to such factors, and the opinion or recommendations of such persons, as may be specified or described in the regulations;

(b) authorise the matters considered and determined in pursuance of the regulations to include matters applicable to times and periods before they are considered or determined;

(c) make such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks fit; and

(d) make different provision for different cases.

(5) For the purposes of this section the prison service comprises all the individuals who are prison officers within the meaning of section 127 above, apart from those who are custody officers within the meaning of Part I of this Act or prisoner custody officers within the meaning of Part IV of the [1991 c. 53.] Criminal Justice Act 1991 or Chapter II or III of this Part.

Part IX

Miscellaneous Amendments: Scotland

131.In section 12(3)(a) of the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993 (requirement of Parole Board recommendations for inclusion of conditions in licences of certain released prisoners), after the word "inclusion" there shall be inserted the words "or subsequent insertion, variation or cancellation".

132.In section 212A of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (which makes provision for the supervised release of short-term prisoners)—

(a) in subsection (2)—

(i) for the words from "and", where it occurs immediately after paragraph (a), to the end of sub-paragraph (i) of paragraph (b), there shall be substituted—

" (b) comply with— (i) such requirements as may be imposed by the court in the order;"

; and

(ii) at the end there shall be added—

" and

(c) comply with the standard requirements imposed by virtue of subsection (3)(a)(i) below"

; and

(b) in subsection (3), for paragraph (a) there shall be substituted—

" (a) shall— (i) without prejudice to subsection (2)(b) above, contain such requirements (in this section referred to as the "standard requirements" ); and (ii) be as nearly as possible in such form,as may be prescribed by Act of Adjournal;"

133.In section 10(4) of the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993 (interpretation of expression "transferred life prisoner")—

(a) in paragraph (a), after the word "Scotland" there shall be inserted the words "or a court-martial" and

(b) in paragraph (b)—

(i) for the word "(whether" there shall be substituted—

", or in the case of a sentence imposed by a court martial in Scotland to a prison in Scotland (in either case whether"

(ii) after sub-paragraph (ii) there shall be inserted—

" or

(iii) rules made under section 122(1)(a) of the [1955 c. 18.] Army Act 1955 (imprisonment and detention rules); or

(iv) rules made under section 122(1)(a) of the [1955 c. 19.] Air Force Act 1955 (imprisonment and detention rules); or

(v) a determination made under section 81(3) of the [1957 c. 53.] Naval Discipline Act 1957 (place of imprisonment or detention),"

; and

(iii) at the end there shall be added—

" and in this subsection "prison" has the same meaning as in the 1989 Act."

134.—(1) In Schedule 6 to the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993 (transitional provisions and savings)—

(a) in paragraph 1—

(i) in the definition of "existing provisions", at the end there shall be added "except that an amendment or repeal effected by any enactment shall apply for the purposes of the existing provisions if expressly stated to do so" and

(ii) in the definition of "new provisions", after the word "amended" there shall be added "by this Act" and

(b) in paragraph 2(1), for the words from "and to" to "Schedule" there shall be substituted—

", to the following provisions of this Schedule and to the exception in the definition of "existing provisions" in paragraph 1 above,"

(2) Sections 18 (constitution and functions of Parole Board etc.), 22 (release on licence of persons serving determinate sentences), 28 (revocation of licences and conviction of prisoners on licence) and 42(3) (exercise of power to make rules etc.) of the [1989 c. 45.] Prisons (Scotland) Act 1989, being provisions which, notwithstanding their repeal by the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993, are "existing provisions" for the purposes of that Act of 1993, shall for those purposes be amended in accordance with the following subsections.

(3) In the said section 18, for subsections (3) and (4) there shall be substituted—

"(3A) The Secretary of State may by rules make provision with respect to the proceedings of the Board, including provision—

(a) authorising cases to be dealt with in whole or in part by a prescribed number of members of the Board in accordance with such procedure as may be prescribed;

(b) requiring cases to be dealt with at prescribed times; and

(c) as to what matters may be taken into account by the Board (or by such number) in dealing with a case.

(3B) The Secretary of State may give the Board directions as to the matters to be taken into account by it in discharging its functions under this Part of this Act; and in giving any such directions the Secretary of State shall in particular have regard to—

(a) the need to protect the public from serious harm from offenders; and

(b) the desirability of preventing the commission by offenders of further offences and of securing their rehabilitation.

(4) In each of the said sections 22 and 28, after subsection (1) there shall be inserted—

"(1A) The Secretary of State may by order provide that, in relation to such class of case as may be specified in the order, subsection (1) above shall have effect subject to the modification that for the word "may" there shall be substituted the word "shall"."

(5) In the said section 22, at the beginning of subsection (7) there shall be inserted the words "In a case where the Parole Board has recommended that a person be released on licence, and by virtue of subsection (1A) above such release is then mandatory, no licence conditions shall be included in the licence, or subsequently inserted, varied or cancelled in it, except in accordance with recommendations of the Board; and in any other case".

(6) In the said section 42—

(a) in each of subsections (1) and (4), for the words "22(2)" there shall be substituted "22(1A) or (2), 28(1A)," and

(b) in subsection (3), for the word "(3)" there shall be substituted "(3A)".

135.In Schedule 6 to the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993 (transitional provisions and savings), after paragraph 6 there shall be inserted the following paragraphs—

"6A.— (1) This paragraph applies where a prisoner sentenced before the relevant date to a sentence of imprisonment for life for an offence the sentence for which is not fixed by law has been (whether before, on or after that date) released on licence under the 1989 Act.

(2) Without prejudice to section 22(6) of the 1989 Act, in a case to which this paragraph applies, the new provisions shall apply as if the prisoner were a discretionary life prisoner, within the meaning of section 2 of this Act, whose licence has been granted under subsection (4) of that section of this Act on his having served the relevant part of his sentence.

6B.— (1) This paragraph applies where—

(a) a prisoner was, at the relevant date, serving a sentence or sentences of imprisonment, on conviction of an offence, passed before that date and that sentence was for a term of, or as the case may be those sentences fall to be treated as for a single term of, two or more years; and

(b) on or after that date he is, or has been, sentenced to a further term or terms of imprisonment, on conviction of an offence, to be served consecutively to, or concurrently with, the sentence or sentences mentioned in head (a) above.

(2) In a case to which this paragraph applies—

(a) the sentence or sentences mentioned in head (b) of sub-paragraph (1) above shall be treated as a single term with the sentences mentioned in head (a) of that sub-paragraph and that single term as imposed on or after the relevant date (so however that nothing in the foregoing provisions of this head shall affect the application of sections 39(7) (which makes provision as respects the award of additional days for breaches of discipline) and 24 (which makes provision as respects remission for good conduct) of the 1989 Act); and

(b) the new provisions shall apply accordingly, except that— (i) where the prisoner is a long-term prisoner by virtue only of the aggregation provided for in head (a) of this sub-paragraph, he shall be released unconditionally on the same day as he would have been but for that aggregation; (ii) where, notwithstanding the aggregation so provided for, the prisoner remains a short-term prisoner, subsection (1) of section 1 of this Act shall in its application be construed as subject to the qualification that the prisoner shall be released no earlier than he would have been but for that aggregation; (iii) that section shall in its application be construed as if for subsection (3) there were substituted—

"(3) Without prejudice to subsection (1) above and to sub-paragraph (2)(b)(i) of paragraph 6B of Schedule 6 to this Act, after a prisoner to whom that paragraph applies has either served one-third of the sentence, or as the case may be sentences, mentioned in sub-paragraph (1)(a) of that paragraph, or (if it results in a later date of release) has served twelve months of that sentence or those sentences, the Secretary of State may, if recommended to do so by the Parole Board under this section, release him on licence; and where such a prisoner has been released on licence under section 22 of the 1989 Act, that licence shall be deemed to have been granted by virtue of this subsection."

; (iv) section 11(1) shall in its application be construed as if the sentence referred to were the further term or terms mentioned in head (b) of sub-paragraph (1) above; and (v) section 16 shall in its application be construed as if the original sentence (within the meaning of that section) were the further term or terms so mentioned.”

Part XII

Miscellaneous and General

Incorporation of the Parole Board.

149.In section 32 of the [1991 c. 53.] Criminal Justice Act 1991 (which provides the constitution and basic functions of the Parole Board), for subsection (1), there shall be substituted the following subsection—

"(1) The Parole Board shall be, by that name, a body corporate and as such shall be constituted in accordance with, and have the functions conferred by, this Part."

150.In section 50 of the Criminal Justice Act 1991 (power by order to transfer certain functions to the Parole Board) subsection (4) shall cease to have effect and, in subsection (1), for the words "(2) to (4)" there shall be substituted the words "(2) or (3)".

Prisons: powers in relation to prisoners, visitors and others

151.—(1) After section 16 of the [1952 c. 52.] Prison Act 1952 there shall be inserted the following section—

"Testing prisoners for drugs.

16A.— (1) If an authorisation is in force for the prison, any prison officer may, at the prison, in accordance with prison rules, require any prisoner who is confined in the prison to provide a sample of urine for the purpose of ascertaining whether he has any drug in his body.

(2) If the authorisation so provides, the power conferred by subsection (1) above shall include power to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of urine.

(3) In this section—

"authorisation" means an authorisation by the governor;

"drug" means any drug which is a controlled drug for the purposes of the [1971 c. 38.] Misuse of Drugs Act 1971;

"intimate sample" has the same meaning as in Part V of the [1984 c. 60.] Police and Criminal Evidence Act 1984;

"prison officer" includes a prisoner custody officer within the meaning of Part IV of the Criminal Justice Act 1991; and

"prison rules" means rules under section 47 of this Act."

(2) After section 41A of the [1989 c. 45.] Prisons (Scotland) Act 1989 there shall be inserted the following section—

"Testing prisoners for drugs.

41B.— (1) If an authorisation is in force for the prison, any officer of the prison may, at the prison, in accordance with rules under section 39 of this Act, require any prisoner who is confined in the prison to provide a sample of urine for the purpose of ascertaining whether he has any drug in his body.

(2) If the authorisation so provides, the power conferred by subsection (1) above shall include power to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of urine.

(3) In this section—

"authorisation" means an authorisation by the governor;

"drug" means any drug which is a controlled drug for the purposes of the [1971 c. 38.] Misuse of Drugs Act 1971; and

"intimate sample" means a sample of blood, semen or any other tissue fluid, saliva or pubic hair, or a swab taken from a person's body orifice."

152.—(1) In the [1952 c. 52.] Prison Act 1952, after section 8, there shall be inserted the following section—

"Powers of search by authorised employees.

8A.— (1) An authorised employee at a prison shall have the power to search any prisoner for the purpose of ascertaining whether he has any unauthorised property on his person.

(2) An authorised employee searching a prisoner by virtue of this section—

(a) shall not be entitled to require a prisoner to remove any of his clothing other than an outer coat, jacket, headgear, gloves and footwear;

(b) may use reasonable force where necessary; and

(c) may seize and detain any unauthorised property found on the prisoner in the course of the search.

(3) In this section "authorised employee" means an employee of a description for the time being authorised by the governor to exercise the powers conferred by this section.

(4) The governor of a prison shall take such steps as he considers appropriate to notify to prisoners the descriptions of persons who are for the time being authorised to exercise the powers conferred by this section.

(5) In this section "unauthorised property" , in relation to a prisoner, means property which the prisoner is not authorised by prison rules or by the governor to have in his possession or, as the case may be, in his possession in a particular part of the prison."

(2) In the [1989 c. 45.] Prisons (Scotland) Act 1989, after section 41, there shall be inserted the following section—

"Powers of search by authorised employees.

41A.— (1) An authorised employee at a prison shall have the power to search any prisoner for the purpose of ascertaining whether he has any unauthorised property on his person.

(2) An authorised employee searching a prisoner by virtue of this section—

(a) shall not be entitled to require a prisoner to remove any of his clothing other than an outer coat, jacket, headgear, gloves and footwear;

(b) may use reasonable force where necessary; and

(c) may seize and detain any unauthorised property found on the prisoner in the course of the search.

(3) In this section "authorised employee" means an employee of a description for the time being authorised by the governor to exercise the powers conferred by this section.

(4) The governor of a prison shall take such steps as he considers appropriate to notify to prisoners the descriptions of employees who are for the time being authorised employees.

(5) In this section—

"employee" means an employee (not being an officer of a prison) appointed under section 2(1) of this Act; and

"unauthorised property", in relation to a prisoner, means property which the prisoner is not authorised by rules under section 39 of this Act or by the governor to have in his possession or, as the case may be, in his possession in a particular part of the prison."

153.—(1) Section 41 of the Prisons (Scotland) Act 1989 (unlawful introduction of tobacco, etc. into prison) shall be amended as follows.

(2) In subsection (1), for the words from the beginning to "shall be guilty" there shall be substituted—

"(1) Any person who without reasonable excuse brings or introduces, or attempts by any means to bring or introduce, into a prison—

(a) any drug;

(b) any firearm or ammunition;

(c) any offensive weapon;

(d) any article to which section 1 of the [1993 c. 13.] Carrying of Knives etc. (Scotland) Act 1993 applies; or

(e) without prejudice to paragraphs (a) to (d) above, any article which is a prohibited article within the meaning of rules under section 39 of this Act,

shall be guilty"

(3) After subsection (2) there shall be inserted the following subsections—

"(2A) Where an officer of a prison has reasonable grounds for suspecting that a person who is in or is seeking to enter a prison has in his possession any article mentioned in paragraphs (a) to (e) of subsection (1) above he shall, without prejudice to any other power of search under this Act, have power to search that person and any article in his possession and to seize and detain any article mentioned in those paragraphs found in the course of the search.

(2B) The power conferred by subsection (2A) above—

(a) shall be exercised in accordance with rules under section 39 of this Act;

(b) shall not be construed as authorising the physical examination of a person's body orifices;

(c) so far as relating to any article mentioned in paragraph (c), (d) or (e) of subsection (1) above (and not falling within paragraph (a) or (b) of that subsection), shall not be construed as authorising an officer of a prison to require a person to remove any of his clothing other than an outer coat, jacket, headgear, gloves and footwear; and

(d) shall include power to use reasonable force where necessary."

(4) For subsection (3) there shall be substituted the following subsections—

"(3) Where an officer of a prison has reasonable grounds for suspecting that any person has committed or is committing an offence under subsection (1) above he may, for the purpose of facilitating investigation by a constable into the offence, detain that person in any place in the prison in question and may, where necessary, use reasonable force in doing so.

(4) Detention under subsection (3) above shall be terminated not more than six hours after it begins or (if earlier)—

(a) when the person is detained in pursuance of any other enactment or subordinate instrument;

(b) when the person is arrested by a constable; or

(c) where the governor of the prison or a constable investigating the offence concludes that there are no such grounds as are mentioned in subsection (3) above or the officer of the prison concludes that there are no longer such grounds,

and the person detained shall be informed immediately upon the termination of his detention that his detention has been terminated.

(5) Where a person has been released at the termination of a period of detention under subsection (3) above he shall not thereafter be detained under that subsection on the same grounds or on any grounds arising out of the same circumstances.

(6) At the time when an officer of a prison detains a person under subsection (3) above he shall inform the person of his suspicion, of the suspected offence and of the reason for the detention; and there shall be recorded—

(a) the place where and the time when the detention begins;

(b) the suspected offence;

(c) the time when a constable or an officer of the police authority is informed of the suspected offence and the detention;

(d) the time when the person is informed of his rights in terms of subsection (7) below and the identity of the officer of the prison so informing him;

(e) where the person requests such intimation as is specified in subsection (7) below to be sent, the time when such request is— (i) made; and (ii) complied with; and

(f) the time when, in accordance with subsection (4) above, the person's detention terminates.

(7) A person who is being detained under subsection (3) above, other than a person in respect of whose detention subsection (8) below applies, shall be entitled to have intimation of his detention and of the place where he is being detained sent without delay to a solicitor and to one other person reasonably named by him and shall be informed of that entitlement when his detention begins.

(8) Where a person who is being detained under subsection (3) above appears to the officer of the prison to be under 16 years of age, the officer of the prison shall send without delay to the person's parent, if known, intimation of the person's detention and of the place where he is being detained; and the parent—

(a) in a case where there is reasonable cause to suspect that he has been involved in the alleged offence in respect of which the person has been detained, may; and

(b) in any other case, shall,

be permitted access to the person.

(9) The nature and extent of any access permitted under subsection (8) above shall be subject to any restriction essential for the furtherance of the investigation or the well-being of the person.

(10) In this section—

"drug" means any drug which is a controlled drug for the purposes of the [1971 c. 38.] Misuse of Drugs Act 1971;

"firearm" and "ammunition" have the same meanings as in the [1968 c. 27.] Firearms Act 1968;

"offensive weapon" has the same meaning as in the [1953 c. 14.] Prevention of Crime Act 1953; and

"parent" includes a guardian and any person who has actual custody of a person under 16 years of age."

Section 12.

Escort Arrangements: England and Wales

Arrangements for the escort of offenders detained at secure training centres

1.—(1) The Secretary of State may make arrangements for any of the following functions, namely—

(a) the delivery of offenders from one set of relevant premises to another;

(b) the custody of offenders held on the premises of any court (whether or not they would otherwise be in the custody of the court) and their production before the court;

(c) the custody of offenders temporarily held in a secure training centre in the course of delivery from one secure training centre to another; and

(d) the custody of offenders while they are outside a secure training centre for temporary purposes,

to be performed in such cases as may be determined by or under the arrangements by custody officers who are authorised to perform such functions.

(2) In sub-paragraph (1)(a) above, "relevant premises" means a court, secure training centre, police station or hospital.

(3) Arrangements made by the Secretary of State under sub-paragraph (1) above ("escort arrangements") may include entering into contracts with other persons for the provision by them of custody officers.

(4) Any person who, under a warrant or a hospital order or hospital remand is responsible for the performance of any such function as is mentioned in sub-paragraph (1) above shall be deemed to have complied with the warrant, order or remand if he does all that he reasonably can to secure that the function is performed by a custody officer acting in pursuance of escort arrangements.

(5) In this paragraph—

"hospital" has the same meaning as in the [1983 c. 20.] Mental Health Act 1983;

"hospital order" means an order for a person's admission to hospital made under section 37, 38 or 44 of that Act, section 5 of the [1964 c. 84.] Criminal Procedure (Insanity) Act 1964 or section 6, 14 or 14A of the [1968 c. 19.] Criminal Appeal Act 1968;

"hospital remand" means a remand of a person to hospital under section 35 or 36 of the Mental Health Act 1983;

"warrant" means a warrant of commitment, a warrant of arrest or a warrant under section 46, 47, 48, 50 or 74 of that Act.

2.—(1) Escort arrangements shall include the appointment of—

(a) an escort monitor, that is to say, a Crown servant whose duty it shall be to keep the arrangements under review and to report on them to the Secretary of State; and

(b) a panel of lay observers whose duty it shall be to inspect the conditions in which offenders are transported or held in pursuance of the arrangements and to make recommendations to the Secretary of State.

(2) It shall also be the duty of an escort monitor to investigate and report to the Secretary of State on any allegations made against custody officers acting in pursuance of escort arrangements.

(3) Any expenses incurred by members of lay panels may be defrayed by the Secretary of State to such extent as he may with the approval of the Treasury determine.

Powers and duties of custody officers acting in pursuance of escort arrangements

3.—(1) A custody officer acting in pursuance of escort arrangements shall have the following powers, namely—

(a) to search in accordance with rules made by the Secretary of State any offender for whose delivery or custody he is responsible in pursuance of the arrangements; and

(b) to search any other person who is in or is seeking to enter any place where any such offender is or is to be held, and any article in the possession of such a person.

(2) The powers conferred by sub-paragraph (1)(b) above to search a person shall not be construed as authorising a custody officer to require a person to remove any of his clothing other than an outer coat, headgear, jacket or gloves.

(3) A custody officer shall have the following duties as respects offenders for whose delivery or custody he is responsible in pursuance of escort arrangements, namely—

(a) to prevent their escape from lawful custody;

(b) to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts;

(c) to ensure good order and discipline on their part;

(d) to attend to their wellbeing; and

(e) to give effect to any directions as to their treatment which are given by a court,

and the Secretary of State may make rules with respect to the performance by custody officers of their duty under (d) above.

(4) The powers conferred by sub-paragraph (1) above, and the powers arising by virtue of sub-paragraph (3) above, shall include power to use reasonable force where necessary.

(5) The power to make rules under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

4.In this Schedule—

"escort arrangements" has the meaning given by paragraph 1 above; and

"offender" means an offender sentenced to secure training under section 1 of this Act.

"secure training centre" includes—

(a) a contracted out secure training centre;

(b) any other place to which an offender may have been committed or transferred under section 2 of this Act.

Section 114.

Certification of Prisoner Custody Officers: Scotland

1.In this Schedule—

"certificate" means a certificate under section 114 of this Act;

"the relevant functions", in relation to a certificate, means the escort functions or custodial duties authorised by the certificate.

2.—(1) The Secretary of State may, on the application of any person, issue a certificate in respect of that person.

(2) The Secretary of State shall not issue a certificate on any such application unless he is satisfied that the applicant—

(a) is a fit and proper person to perform the relevant functions; and

(b) has received training to such standard as he may consider appropriate for the performance of those functions.

(3) Where the Secretary of State issues a certificate, then, subject to any suspension under paragraph 3 or revocation under paragraph 4 below, it shall continue in force until such date or the occurrence of such event as may be specified in the certificate.

(4) A certificate authorising the performance of both escort functions and custodial duties may specify different dates or events as respects those functions and duties respectively.

3.—(1) This paragraph applies where at any time—

(a) in the case of a prisoner custody officer acting in pursuance of prisoner escort arrangements, it appears to the prisoner escort monitor for the area concerned that the officer is not a fit and proper person to perform escort functions;

(b) in the case of a prisoner custody officer performing custodial duties at a contracted out prison, it appears to the controller of that prison that the officer is not a fit and proper person to perform custodial duties; or

(c) in the case of a prisoner custody officer performing contracted out functions at a directly managed prison, it appears to the governor of that prison that the officer is not a fit and proper person to perform custodial duties.

(2) The prisoner escort monitor, controller or governor may—

(a) refer the matter to the Secretary of State for a decision under paragraph 4 below; and

(b) in such circumstances as may be prescribed by prison rules, suspend the officer's certificate so far as it authorises the performance of escort functions or, as the case may be, custodial duties pending that decision.

4.Where at any time (whether on a reference to him under paragraph 3(2)(a) above or otherwise) it appears to the Secretary of State that a prisoner custody officer is not a fit and proper person to perform escort functions or custodial duties, he may revoke that officer's certificate so far as it authorises the performance of those functions or duties.

5.If any person, for the purpose of obtaining a certificate for himself or for any other person—

(a) makes a statement which he knows to be false in a material particular; or

(b) recklessly makes a statement which is false in a material particular,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Section 122(2).

Certification of Prisoner Custody Officers: Northern Ireland

1.In this Schedule—

"certificate" means a certificate under section 122 of this Act;

"the relevant functions", in relation to a certificate, means the escort functions authorised by the certificate.

2.—(1) Any person may apply to the Secretary of State for the issue of a certificate in respect of him.

(2) The Secretary of State shall not issue a certificate on any such application unless he is satisfied that the applicant—

(a) is a fit and proper person to perform the relevant functions; and

(b) has received training to such standard as he may consider appropriate for the performance of those functions.

(3) Where the Secretary of State issues a certificate, then, subject to any suspension under paragraph 3 or revocation under paragraph 4 below, it shall continue in force until such date or the occurrence of such event as may be specified in the certificate.

3.—(1) This paragraph applies where at any time it appears to the prisoner escort monitor for the area concerned, that a prisoner custody officer is not a fit and proper person to perform the escort functions.

(2) The prisoner escort monitor may—

(a) refer the matter to the Secretary of State for a decision under paragraph 4 below; and

(b) in such circumstances as may be prescribed by regulations made by the Secretary of State, suspend the officer's certificate so far as it authorises the performance of escort functions.

(3) The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

4.Where at any time it appears to the Secretary of State that a prisoner custody officer is not a fit and proper person to perform escort functions, he may revoke that officer's certificate so far as it authorises the performance of those functions.

5.If any person, for the purpose of obtaining a certificate for himself or for any other person—

(a) makes a statement which he knows to be false in a material particular; or

(b) recklessly makes a statement which is false in a material particular,

he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.