Prison Act 1952

[F1[F1[F240ESection 40D: meaning of “authorisation” and other interpretationU.K.

(1)In section 40D (and the following provisions of this section) “authorisation” means authorisation given for the purposes of that section—

(a)in relation to all prisons or prisons of a specified description, by prison rules or by the Secretary of State;

(b)in relation to a particular prison—

(i)by the Secretary of State;

(ii)by the governor or director of the prison;

(iii)by a person working at the prison who is authorised by the governor or director to grant authorisation on his behalf.

In paragraph (a) “specified” means specified in the authorisation.

(2)Authorisation may be given—

(a)to persons generally or to specified persons or persons of a specified description; and

(b)on such terms as may be specified.

In this subsection “specified” means specified in the authorisation.

(3)Authorisation given by or on behalf of the governor or director of a prison must be in writing.

(4)In section 40D “restricted document” means the whole (or any part of)—

(a)a photograph taken inside the prison;

(b)a sound-recording made inside the prison;

(c)a personal record (or a document containing information derived from a personal record);

(d)any other document which contains—

(i)information relating to an identified or identifiable relevant individual, if the disclosure of that information would or might prejudicially affect the interests of that individual; or

(ii)information relating to any matter connected with the prison or its operation, if the disclosure of that information would or might prejudicially affect the security or operation of the prison.

(5)In subsection (4)—

  • “personal record” means any record which is required by prison rules to be prepared and maintained in relation to any prisoner (and it is immaterial whether or not the individual concerned is still a prisoner at the time of any alleged offence);

  • “relevant individual” means an individual who is or has at any time been—

    (a)

    a prisoner or a person working at the prison; or

    (b)

    a member of such a person's family or household.

(6)In section 40D and this section—

  • “document” means anything in which information is recorded (by whatever means);

  • “electronic communications” has the same meaning as in the Electronic Communications Act 2000 (c. 7);

  • “photograph” means a recording on any medium on which an image is produced or from which an image (including a moving image) may by any means be produced; and

  • “sound-recording” means a recording of sounds on any medium from which the sounds may by any means be reproduced.]]]

Textual Amendments

F1Ss. 40A-40C substituted for s. 40 (1.4.2008) by Offender Management Act 2007 (c. 21), ss. 22(1), 41(1); S.I. 2008/504, art. 3(h)