SCHEDULE 4

PART IPRISONERS TRANSFERRED TO SCOTLAND

Restricted transfers from England and Wales to ScotlandI11

1

Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) of Schedule 1 to the 1997 Act (transfer of prisoners: general; for trial and other judicial purposes) from England and Wales to Scotland is a restricted transfer, the functions of the Secretary of State under the following provisions of the enactments specified below but only to the extent they are applied by paragraph 8(2)(a) of Schedule 1 to the 1997 Act34

  • sections 33 to 39, 41 to 46 and 65 of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and sections 75 to 77 of the 1998 Act or, as the case may require, sections 28 to 32 and 34 of the 1997 Act.

2

Where a transfer under paragraph 4(1) of Schedule 1 to the 1997 Act (transfer of supervision of released prisoners) of a person’s supervision from England and Wales to Scotland is a restricted transfer, the functions of the Secretary of State under the following provisions of the enactments specified below but only to the extent that they are applied by paragraph 8(4) of Schedule 1 to the 1997 Act35

  • sections 37 to 39, 43 to 46 and 65 of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and sections 76 and 77 of the Crime and Disorder Act 1998 or, as the case may require, sections 31, 32 and 34 of the 1997 Act.