- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
4.—(1) Where the Scottish Ministers have entered into a contract for the running of a contracted out prison, these Rules have effect in relation to the contracted out prison, with the following modifications—
(a)references to “an officer” include references to a prisoner custody officer certified as such under section 114(1) of the 1994 Act(1) and performing custodial duties at that or any other prison;
(b)references to “an employee” include references to an employee of the contractor or any sub contractor;
(c)subject to sub-paragraphs (d), (e) and (h), references to a “Governor” include references to a director approved by the Scottish Ministers for the purpose of section 107(1) of the 1994 Act(2);
(d)in rules 40, 95, 96 and 97 and in any rule in Parts 11 and 15 references to a “Governor” are to be construed as references to a controller appointed by the Scottish Ministers under section 107(1) of the 1994 Act;
(e)“Governor in Charge” means the director except where the function has been conferred on the controller in terms of sub-paragraph (d) and in such cases references to the “Governor in Charge” are to be construed as references to the controller;
(f)rules 106(8), 118 and 141(b) and (c) do not apply;
(g)in rules 122 and 123, references to “residential first line manager” or “RFLM” are to be construed as references to the senior prison custody officer;
(h)in rule 124 where a prisoner desires to make a complaint concerning any confidential matter which relates to the controller, references to “the Governor” in rule 124 are to be construed as references to “the Scottish Ministers”; and
(i)the reference to “the Governor” in rule 139(b) includes reference to the director and the controller.
(2) Where a director exercises the powers set out in section 107(3)(c) of the 1994 Act (removal of a prisoner from association with other prisoners, the temporary confinement of a prisoner in a special cell or the application to a prisoner of any other special control or restraint in cases of urgency) the director must notify the controller of the fact forthwith.
1994 c.33; section 114(1) was amended by S.I. 1999/1820, article 4 and paragraph 115 of Schedule 2.
1994 c.33; section 107(1) was amended by S.I. 1999/1820, article 4 and paragraph 115 of Schedule 2.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: