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8. After rule 98A there shall be inserted the following rules:
98B. Where the Secretary of State has entered into a contract for the running of part of a prison under section 84(1) of the Criminal Justice Act 1991(1), that part and the remaining part shall each be treated for the purposes of Parts I to III and Part V of these Rules as if they were separate prisons.
98C.—(1) Where the Secretary of State has entered into a contract under section 88A(1) of the Criminal Justice Act 1991(2) (“the 1991 Act”) for any functions at a directly managed prison to be performed by prisoner custody officers who are authorised to perform custodial duties under section 89(1) of the 1991 Act, references to an officer in these Rules shall, subject to paragraph (2) below, include references to a prisoner custody officer who is so authorised and who is performing contracted out functions for the purposes of, or for purposes connected with, the prison.
(2) Paragraph (1) shall not apply to references to an officer in rule 84.
(3) In this rule, “directly managed prison” has the meaning assigned to it by section 88A(5) of the 1991 Act.”.
Section 84 was substituted by section 96 of the Criminal Justice and Public Order Act 1994 (c. 33).
Section 88A was inserted by section 99 of the Criminal Justice and Public Order Act 1994.
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