It took over the executive powers and the property rights of the Home Secretary, but considerable powers remained with the Home Office, including the appointment of a chairman from among the commissioners, of the Prison Inspectorate and of the senior officers of each prison, the approval of appointments of staff made by the commissioners and the regulation of visiting committees of justices.

The commission was a body corporate of not more than three members, of which one was to be the Sheriff of the County of Perth and another the Crown Agent for Scotland, and was empowered to hold property for the purposes of the act.

[8] The commissioners were assisted in their work by a central staff, by the Prison Inspectorate and by visiting committees of justices, which acted under regulations drawn up by the Home Office.

The first appointed commissioner was John Hill Burton, who had previously been secretary to the Prison Board of Scotland.

[9] In 1885, the post of Secretary for Scotland was created, and along with it the Scottish Office, and responsibility for the commission passed to him.