SCHEDULE 2

PART IMODIFICATIONS OF ACTS OF PARLIAMENT

Repatriation of Prisoners Act 1984 (c. 47)75

1

The Repatriation of Prisoners Act 1984 is amended as follows.

2

In section 1 (issue of warrant for transfer)–

a

for “Secretary of State”, wherever those words appear, there is substituted “relevant Minister”; and

b

after subsection (8), there is inserted–

9

In this section “relevant Minister” means–

a

the Scottish Ministers in a case where the person who is the subject of the proposed transfer is for the time being required to be detained in a prison, a hospital or any other institution either–

i

in Scotland; or

ii

in the country or territory referred to in subsection (1)(b) above if it is proposed to transfer him from that country or territory to Scotland; and

b

the Secretary of State in any other case.

3

In section 2 (transfer out of the United Kingdom)–

a

in subsection (3), for “Secretary of State”, in both places where those words appear, there is substituted “relevant Minister”; and

b

after subsection (3) there is inserted–

3A

In subsection (3) above, “relevant Minister” means–

a

the Scottish Ministers where the order referred to in subsection (2) above relates to a person who has been removed from Scotland by virtue of a warrant issued under section 1 above; and

b

the Secretary of State in any other case.

4

In sections 3(1)(c) and (3) (transfer into the United Kingdom), for “Secretary of State” there is substituted “relevant Minister”.

5

In section 4 (temporary return)–

a

in subsection (1), for “Secretary of State”, there is substituted “relevant Minister”; and

b

after subsection (4) there is inserted–

5

In this section “relevant Minister” means–

a

the Scottish Ministers in a case where the prisoner is a person who is either–

i

detained in Scotland and the transfers are for the purpose of a temporary return of the prisoner to a country or territory outside the British Islands from which he has previously been transferred into Scotland under this Act or any other enactment; or

ii

detained in a country or territory outside the British Islands to which he has previously been transferred from Scotland under this Act; and

b

the Secretary of State in any other case.

6

In section 5 (operation of warrant and retaking prisoners)–

a

in subsections (2) and (3), for “Secretary of State”, there is substituted “relevant Minister”; and

b

after subsection (7) there is inserted–

8

In this section “relevant Minister” means–

a

the Scottish Ministers where the warrant provides for the transfer of a prisoner to or from Scotland; and

b

the Secretary of State in any other case.

7

In section 6 (revocation etc. of warrants)–

a

in subsection (1), for “Secretary of State”, there is substituted “relevant Minister”; and

b

after subsection (4) there is inserted–

5

In this section “relevant Minister” means–

a

the Scottish Ministers where the warrant provides for the transfer of a prisoner to or from Scotland; and

b

the Secretary of State in any other case.

8

In section 7 (expenses)–

a

in subsections (2) and (3), for “Secretary of State” wherever it appears, there is substituted “relevant Minister”;

b

after subsection (3) there is inserted–

3A

In subsections (2) and (3) above, “relevant Minister” means–

a

the Scottish Ministers where the transfer is to Scotland; and

b

the Secretary of State in any other case.

c

after subsection (5) there is inserted–

5A

The Scottish Ministers shall pay any sums received by them by virtue of subsection (2) above into the Scottish Consolidated Fund.

9

In section 8 (interpretation and certificates)–

a

in subsection (3), for “Secretary of State”, there is substituted “relevant Minister”; and

b

after subsection (3) there is inserted–

4

In subsection (3) above, “relevant Minister” means–

a

the Scottish Ministers where the proceedings relate to a transfer which they have the responsibility under this Act to make or consider making; and

b

the Secretary of State in any other case.