Provision, maintenance and closing of prisonsE+W

33 Power to provide prisons, etc.E+W

(1)The Secretary of State may with the approval of the Treasury alter, enlarge or rebuild any prison and build new prisons.

[F1(2)The Secretary of State may provide new prisons by declaring to be a prison—

(a)any building or part of a building built for the purpose or vested in him or under his control; or

(b)any floating structure or part of such a structure constructed for the purpose or vested in him or under his control.]

(3)A declaration under this section may with respect to the building or part of a building declared to be a prison make the same provisions as an order under the next following section may make with respect to an existing prison.

(4)A declaration under this section may at any time be revoked by the Secretary of State.

(5)A declaration under this section shall not be sufficient to vest the legal estate of any building in the [F2Secretary of State].

34 Jurisdiction of sheriff, etc.E+W

(1)The transfer under the M1Prison Act 1877 of prisons and of the powers and jurisdiction of prison authorities and of justices in sessions assembled and visiting justices shall not be deemed to have affected the jurisdiction of any sheriff or coroner or, except to the extent of that transfer, of any justice of the peace or other officer.

(2)The Secretary of State may by order direct that, for the purpose of any enactment, rule of law or custom dependent on a prison being the prison of any county or place, any prison situated in that county or in the county in which that place is situated, or any prison provided by him in pursuance of this Act, shall be deemed to be the prison of that county or place.

F3[35 Prison property.E+W

(1)Every prison and all real and personal property belonging to a prison shall be vested in the Secretary of State [F4for Justice] and may be disposed of in such manner as the Secretary of State [F4for Justice] , with the consent of the Treasury, may determine.

F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

36 Acquisition of land for prisons. E+W

(1)[F6The Secretary of State may purchase by agreement or]compulsorily, any land required for the alteration, enlargement or rebuilding of a prison or for establishing a new prison or for any other purpose connected with the management of a prison (including the provision of accommodation for officers or servants employed in a prison).

[F7(2)The M2[F8Acquisition of Land Act 1981] shall apply to the compulsory purchase of land by the Secretary of State under this section . . . F9.]

(3)In relation to the purchase of land by agreement under this section, [F10the provisions of Part I of the M3Compulsory Purchase Act 1965 (so far as applicable) other than sections 4 to 8, section 10, and section 31, shall apply].

37 Closing of prisons.E+W

(1)F11... the Secretary of State may F12... close any prison.

F13(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For the purposes of this and the next following section a prison shall not be deemed to be closed by reason only of its appropriation for use as a remand centre, detention centre or [F14youth custody centre][F15, secure training centre or secure college] .

38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F16E+W