Section 89.
Commencement Information
I1Sch. 10 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
1E+WIn this Schedule—
“certificate” means a certificate under section 89 of this Act;
“the relevant functions”, in relation to a certificate, means the escort functions or custodial duties authorised by the certificate.
Commencement Information
I2Sch. 10 para. 1 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
2(1)Any person may apply to the Secretary of State for the issue of a certificate in respect of him.E+W
(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.
Modifications etc. (not altering text)
C1Sch. 10 para. 2: transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(h)
Commencement Information
I3Sch. 10 para. 2 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
3[F1(1)This paragraph applies where at any time—E+W
(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 [F2controller or governor] may—
F3(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 or, as the case may be, custodial duties pending that decision.
(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.
Textual Amendments
F1Sch. 10 para. 3(1) substituted (3.11.1994) by 1994 c. 33, s. 101(9).
F2Words in Sch. 10 para. 3(2) substituted (3.11.1994) by 1994 c. 33, s. 101(10).
F3Sch. 10 para. 3(2)(a): transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(h)
Commencement Information
I4Sch. 10 para. 3 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
4E+WWhere 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 or custodial duties, he may revoke that officer’s certificate so far as it authorises the performance of those functions or duties.
Modifications etc. (not altering text)
C2Sch. 10 para. 4: transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(h)
Commencement Information
I5Sch. 10 para. 4 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
5E+WIf 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.
Commencement Information
I6Sch. 10 para. 5 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3