Prisons Act 2007

5.

Agreement for the provision of prisoner escort services.

5.— (1) The Minister may, with the consent of the Minister for Finance and the approval of the Government, enter into an agreement with another person (in this Act referred to as a “contractor”) for the provision by that person of prisoner escort services.

(2) An agreement to which subsection (1) applies shall be subject to such terms and conditions as the Minister, with the consent of the Minister for Finance, shall determine.

(3) The Minister may terminate an agreement under subsection (1) if the contractor fails to comply with any of the terms or conditions of the agreement concerned or contravenes a provision of this Act.

(4) In this section “prisoner escort services” means services that before the passing of this Act were normally provided by members of the Garda Síochána or prison officers in relation to—

( a) the transfer of prisoners from any place (including a prison) to a prison or from a prison to any place (including a prison),

( b) the detention in custody of prisoners in a prison in the course of their transfer from one prison to another prison,

( c) the detention in custody of prisoners in a place other than a prison, or

( d) the production of a prisoner to a court.

Annotations:

Modifications (not altering text):

C3

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

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5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

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No. 10 of 2007

Prisons Act 2007

Sections 5, 15(7) and 16(4)

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