Prisons (Scotland) Act 1860
| Jurisdiction | UK Non-devolved |
| Citation | 1860 c. 105 |
| Year | 1860 |
(23 & 24 Vict.) C A P. CV.
[20th August 1860]
'WHEREAS an Act was passed in the Second and Third Year of the Reign of Her present Majesty, intituled An Act to improve Prisons and Prison Discipline inScotland; and another Act was passed in the Seventh and Eighth Year of the Reign of Her present Majesty, intituledAn Act to amend and continue, until the First Day of September One thousand eight hundred and sixty-one, and to the End of the then next Session of Parliament, the Law with respect to Prisons and Prison Discipline inScotland; and another Act was passed in the Fourteenth and Fifteenth Year of the Reign of Her present Majesty, intituled An Act to amend certain Acts for the Improvement of Prisons and Prison Discipline inScotland: And whereas it is expedient that the Laws for the Administration of Prisons inScotland should be consolidated and amended:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
I Recited Acts repealed, &c.
I. From and after the Thirty-first Day ofDecember One thousand eight hundred and sixty, the recited Acts shall be and are hereby repealed, and this Act shall commence and take effect.
II Repeal not to affect 20 & 21 Vict. c. 71.
II. The Repeal of the recited Acts shall not be held to repeal or in any way affect the Enactments of an Act passed in the Twentieth and Twenty-first Year of the Reign of Her present Majesty, intituledAn Act for the Regulation of the Care and Treatment of Lunatics, and for the Provision, Maintenance, and Regulation of Lunatic Asylums in Scotland; and where in any Enactments of the last-recited Act, or of any other Act which shall continue in force after the Commencement of this Act, any of the Acts hereby repealed is cited or referred to, such Enactments shall be interpreted as if this Act were cited or referred to therein.
III Short Title.
III. This Act may be cited for all Purposes as ‘ThePrisons (Scotland ) Administration Act, 1860.’
IV Interpretation of Terms.
IV. The following Words and Expressions used in this Act shall in the Construction thereof be interpreted as follows, except where the Nature of the Provision or the Context shall be repugnant to such Construction:
The Word ‘Prisons’ shall include all legal Prisons under this Act, whether administered by the Managers appointed in Terms of this Act or by County Boards, but shall not include Military Prisons, Police Cells, or other Places of Detention not administered either by such Managers or by a County Board:
‘Local Prisons’ shall include all legal Prisons under this Act, not administered by the said Managers:
The Expression ‘Classes of Prisoners for which a Prison is legal’ shall include all Descriptions of Civil and Criminal Prisoners, other than such as are excepted in the Declaration, Order, or other Proceeding by which the Prison is rendered legal:
‘Burgh’ shall include and apply to the Cities, Burghs, and Towns which are Royal Burghs, or which send or contribute as Burghs to send a Member to Parliament:
‘Town Councils’ shall include the Lord Provost, or Provost or Chief Magistrate, and Magistrates and Council of Burghs:
‘Magistrates’ shall include the Administrators of the Affairs of a Burgh:
‘Sheriff’ shall include Sheriff Substitute:
‘Landward Part of a County’ shall include and apply to a County exclusive of the Burghs situated therein:
‘Civil Prisoner’ shall include all Persons imprisoned for Civil Debts due to Subjects; Prisoners for Debts or Taxes due to the Crown, not being Fines or Penalties inflicted on Conviction of Offences; Prisoners on Meditatione fug Warrants granted at the Instance of Creditors for Performance of Civil Obligations; Prisoners Ad factum prstandum; Prisoners until they find Caution to return to Service; and Prisoners until they find Caution under Writs of Law Burrows:
‘Criminal Prisoner’ shall include all other Descriptions of Prisoners:
‘Administrators of a Prison’ shall mean either the Managers of the General Prison or a County Board, as the Case may be:
‘Medical Practitioner’ shall mean a Person registered in Terms of an Act passed in the Twenty-first and Twenty-second Year of the Reign of Her present Majesty, intituledAn Act to regulate the Qualifications of Practitioners in Medicine and Surgery , and an Act passed in the Twenty-second Year of the Reign of Her present Majesty, intituled An Act to amend the Medical Act (1858).
V Appointments, Claims, and Obligations under repealedActs to continue.
V. All Appointments made under the recited Acts, except in so far as the same are superseded by this Act, shall remain until the same are legally revoked or altered; and all Claims which have been created, and all Obligations and Penalties which have been incurred under the said Acts, and are not superseded by this Act, shall continue to be effectual; and all Orders lawfully made but not fulfilled, and all Matters left incomplete by the Repeal of the said Acts, shall be brought to a Conclusion under this Act, except in so far as the same are superseded thereby.
Rules for Prisons.
Rules for Prisons.
VI Rules as existing to continue until altered;
VI. All Rules for Prisons inScotland which have been certified under the Hand of One of Her Majesty's Principal Secretaries of State, and have not been superseded by other Rules so certified, shall, except in so far as the same are superseded by this Act, be the Rules for Prisons in Scotland , and as such shall be binding on all Persons whom they may concern.
VII but Secretary of State to be substituted forGeneral Board of Prisons.
VII. When the Words ‘General Board’ are used in such Rules, in applying the same to Local Prisons, the Words ‘One of Her Majesty's Principal Secretaries of State’ shall be substituted therefor: Provided that the Intimation required by such Rules to be made of an Escape or of a sudden Death shall be made to the Crown Agent.
VIII Authorized Relaxations of Rules to continue.
VIII. Where in any Prison any Relaxation or Modification of any of such Rules shall before the Commencement of this Act have been authorized by the General Board of Directors of Prisons, such Rules shall be enforced in such Prison subject to such Relaxation or Modification, until the same are revoked by the Adoption of any new Rules under the Provisions of this Act.
IX Secretary of State empowered to alter Rules,or make new Rules.
IX. It shall be lawful at any Time for One of Her Majesty's Principal Secretaries of State to alter, modify, or supersede any Rule applicable at the Time to any Prison inScotland , and all Rules, whether applicable to particular Prisons therein named or applicable to Prisons in Scotland generally, issued under the Hand of One of Her Majesty's Principal Secretaries of State, shall be specially communicated to the Administrators of every Prison to which they apply and published in the Edinburgh Gazette ,and shall thereafter be binding on all Persons whom they may concern.
County Prison Boards.
County Prison Boards.
X Board for each County; and Orkney and Zetlandto be separate.
X. There shall be in each County a County Prison Board; provided that for the Purposes of this ActOrkney and Zetland shall as heretofore be taken to be separate Counties; and the several County Boards in existence at the Commencement of this Act shall continue to be the County Boards under this Act until the First Appointment of County Boards under the Provisions thereof.
XI County Boards to be chosen by Commissioners ofSupply and Magistrates of Burghs, &c.
XI. The County Boards shall be chosen by the Commissioners of Supply of the several Counties, and by the Magistrates of certain Burghs, and the Board of each County shall consist of the Number of Members set forth in reference to such County in the Schedule (A.) annexed to this Act, and shall be chosen by the Commissioners of Supply of each County, or by such Commissioners and the Town Council of any Burgh or Burghs situated in the County, according to the Proportion set forth in the said Schedule: Provided that the Sheriff, and in his Absence One Sheriff Substitute, of the County shall, in addition to the Members so chosen, beex-officio Members of the County Board; and where there is more than One, the Sheriff Substitute whose Appointment is the earliest in Date shall be such Member.
XII As to Election of County Boards.
XII. The Commissioners of Supply of each County shall elect such Number of Members of the County Board as they are by this Act authorized to elect, at their Annual Meeting held on the Thirtieth Day of the Month ofApril , or on the first lawful Day thereafter, in the Year One thousand eight hundred and sixty-one, and in every subsequent Year; and the Town Councils of the several Burghs authorized to elect Members of County Boards shall also elect such Number of Members as they are by this Act authorized to elect in the Month of April One thousand eight hundred and sixty-one, and in every subsequent Year; and the Members of every County Board shall remain in Office until the First...
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