Remedy
Start free

Section 106: Contracting out of prisons.

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

Part VIII: Prison Services and the Prison Service — Chapter II: Scotland

The Scottish Ministers may enter into a contract with another person for the provision or running (or the provision and running) by him, or (if the contract so provides) for the running by sub-contractors of his, of any prison or part of a prison in Scotland.

While a contract under this section for the running of a prison or part of a prison is in force—

the prison or part shall be run subject to and in accordance with—
sections 107 and 108 below; and
the 1989 Act and prison rules and directions made under or by virtue of that Act (all as modified by section 110 below); and
in the case of a part, that part and the remaining part shall each be treated for the purposes of sections 107 to 112 below as if they were separate prisons.

In this Chapter—

  • “contracted out prison” means a prison or part of a prison for the running of which a contract under this section is for the time being in force;

  • “the contractor”, in relation to a contracted out prison, means the person who has contracted with the Scottish Ministers for the running of it; and

  • “sub-contractor”, in relation to a contracted out prison, means a person who has contracted with the contractor for the running of it or any part of it.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.