SCHEDULE 2

PART IMODIFICATIONS OF ACTS OF PARLIAMENT

Criminal Justice and Public Order Act 1994 (c. 33)115

1

The Criminal Justice and Public Order Act 1994 is amended as follows.

2

In section 103(1) (monitoring of prisoner escort arrangements)–

a

for “Crown servant”, there is substituted “member of the staff of the Scottish Administration”; and

b

for “Secretary of State”, in each place where those words appear, there is substituted “Scottish Ministers”.

3

In section 106 (contracting-out of prisons), for “Secretary of State”, in each place where those words appear, there is substituted “Scottish Ministers”.

4

In section 107 (officers of contracted-out prisons)87–

a

in subsection (1)–

i

for “Secretary of State” in each place where those words appear, there is substituted “Scottish Ministers”; and

ii

for “Crown servant” there is substituted “member of the staff of the Scottish Administration”;

b

in subsection (4), for “Secretary of State”, in each place where those words appear, there is substituted “Scottish Ministers”; and

c

in subsection (7), for “Secretary of State” there is substituted “Scottish Ministers”.

5

In section 110(2) (consequential modifications of the 1989 Act, Prison Rules and Directions), for paragraph (a) there is substituted–

a

subsection (1A) shall not apply;

6

In section 111 (intervention by the Secretary of State)–

a

in subsection (1), for “Secretary of State” there is substituted “Scottish Ministers”;

b

in subsection (2), for “Secretary of State may appoint a Crown servant” there is substituted “Scottish Ministers may appoint a member of the staff of the Scottish Administration”;

c

in subsection (4), for “Secretary of State” there is substituted “Scottish Ministers”; and

d

in subsection (5), for “Secretary of State” there is substituted “Scottish Ministers”.

7

In section 113 (provision of new prisons), for “Secretary of State”, in each place where those words appear, there is substituted “Scottish Ministers”.

8

In section 114(1) (prisoner custody officers: general provisions), for “Secretary of State”, in each place where those words appear, there is substituted “Scottish Ministers”.

9

In section 115 (wrongful disclosure of information), for “Secretary of State” there is substituted “Scottish Ministers”.

10

In section 127 (inducements to withhold services or to indiscipline)–

a

in subsections (2) and (3), after “Secretary of State” there is inserted “or, in Scotland, to the Scottish Ministers”;

b

in subsection (4)(b), for “under section 3(1)” there is substituted “for the purposes of section 3(1A)”; and

c

in subsection (8), after “Secretary of State” there is inserted “or in Scotland, the Scottish Ministers”.