The Scottish Ministers may declare to be a prison—
any building or part of a building built or adapted for the purpose; and
any floating structure or part of such a structure constructed or adapted for the purpose,
whether vested in, or under the control of, the Scottish Ministers or any other person.
Section 106(1) and subsection (1) above are without prejudice to the Scottish Ministers powers under the 1989 Act with respect to the provision of prisons.
A declaration under subsection (1) above—
shall have effect for the purposes of the 1989 Act and any other enactment (including an enactment contained in subordinate legislation);
shall not be sufficient to vest the legal estate in any building or structure in the Scottish Ministers; and
may be revoked by the Scottish Ministers at any time other than a time when the prison to which it relates is a contracted out prison.
Nothing in section 36 of the 1989 Act (prison property to be vested in the Scottish Ministers) shall require the legal estate in—
any prison provided under a contract entered into under section 106(1) above;
any prison declared to be such under subsection (1) above and not vested in the Scottish Ministers; or
any heritable or moveable property belonging to any prison mentioned in paragraph (a) or (b) above,
to be vested in the Scottish Ministers.