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.