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Prisoners and Criminal Proceedings (Scotland) Act 1993
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Prisoners and Criminal Proceedings (Scotland) Act 1993, Section 25 is up to date with all changes known to be in force on or before 06 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 3A(3A) inserted by 2019 asp 14 s. 51(2)
- s. 3B inserted by 2019 asp 14 s. 51(3)
- s. 3B(1)(a) words inserted by 2021 c. 11 Sch. 13 para. 52(10)(a)
- s. 3B(1)(b) words inserted by 2021 c. 11 Sch. 13 para. 52(10)(b)(i)
- s. 3B(1)(b) words inserted by 2021 c. 11 Sch. 13 para. 52(10)(b)(ii)
- s. 3B(4)(b) words inserted by 2021 c. 11 Sch. 13 para. 52(10)(c)
- s. 3AA(4)(aa) inserted by 2023 asp 4 s. 9(4)(b)(ii)
- s. 3AA(7A) inserted by 2023 asp 4 s. 9(4)(d)
- s. 3AB 3AC inserted by 2023 asp 4 s. 9(5)
- s. 11(3C)(3D) inserted by 2023 asp 4 s. 9(6)(b)
- s. 12AA(7) inserted by 2023 asp 4 s. 9(8)(d)
- s. 16(2A) inserted by 2016 asp 1 s. 86(4)
- s. 17(2A)(2B) inserted by 2023 asp 4 s. 10(2)
- s. 17A(2B)(2C) inserted by 2023 asp 4 s. 10(3)(a)
- s. 17B inserted by 2023 asp 4 s. 10(4)
- s. 27(7A)(7B) inserted by 2023 asp 4 s. 8(2)(b)
25 Provision in prison rules for directions.S
The following subsections shall be added at the end of section 39 of the 1989 Act (rules for the management of prisons and other institutions) after the subsection added by section 24 of this Act—
“(8)Without prejudice to any power to make standing orders or to issue directions or any other kind of instruction, rules made under this section may authorise the Secretary of State to supplement the rules by making provision by directions for any purpose specified in the rules; and rules so made or directions made by virtue of this subsection may authorise the governor, or any other officer, of a prison, or some other person or class of persons specified in the rules or directions, to exercise a discretion in relation to the purpose so specified.
(9)Rules made under this section may permit directions made by virtue of subsection (8) above to derogate (but only to such extent, or in such manner, as may be specified in the rules) from provisions of rules so made and so specified.
(10)Any reference, however expressed, in any enactment other than this section to rules made under this section shall be construed as including a reference to directions made by virtue of subsection (8) above.
(11)Directions made by virtue of subsection (8) above shall be published by the Secretary of State in such manner as he considers appropriate.”.
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