Section 10: Intervention by Secretary of State in management of contracted out secure training centres.

Criminal Justice and Public Order Act 1994 · 1994 c. 33View on legislation.gov.uk

Part I: Young Offenders

This section applies where, in the case of a contracted out secure training centre, it appears to the Secretary of State—

that the director has lost, or is likely to lose, effective control of the secure training centre or any part of it; and
that the making of an appointment under subsection (2) below is necessary in the interests of preserving the safety of any person, or of preventing serious damage to any property.

The Secretary of State may appoint a Crown servant to act as governor of the secure training centre for the period—

beginning with the time specified in the appointment; and
ending with the time specified in the notice of termination under subsection (4) below.

During that period—

all the functions which would otherwise be exercisable by the director or monitor shall be exercisable by the governor;
the contractor and any sub-contractor of his shall each do all that he reasonably can to facilitate the exercise by the governor of those functions; and
the officers of the secure training centre shall comply with any directions given by the governor in the exercise of those functions.

Where the Secretary of State is satisfied—

that the governor has secured effective control of the secure training centre or, as the case may be, the relevant part of it; and
that the governor’s appointment is no longer necessary for the purpose mentioned in subsection (1)(b) above,

he shall, by a notice to the governor, terminate the appointment at a time specified in the notice.

As soon as practicable after making or terminating an appointment under this section, the Secretary of State shall give a notice of the appointment, or a copy of the notice of termination, to the contractor, any sub-contractor of his, the director and the monitor.

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