The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1999

Amendment of rule 3 of the principal Rules

3.—(1) Rule 3 of the principal Rules (interpretation)(1) is amended in accordance with the following paragraphs of this rule.

(2) After the definition of “the 1993 Act”, there is inserted the following definition:–

““the 1994 Act” means the Criminal Justice and Public Order Act 1994(2);”.

(3) After the definition of “constable”, there are inserted the following definitions:–

““contracted out prison” means a prison or part of a prison for the running of which a contract under section 106 of the 1994 Act is for the time being in force;

“contracted out services” means services to a prison (other than a contracted out prison) or to staff or prisoners therein, provided other than by officers or employees;”.

(4) At the end of the definition of “Governor-in-Charge” there is inserted–

“or in the case of legalised police cells the constable who is in charge of the cells”.

(5) For the definition of “officer” there is substituted the following definition:–

““officer” means–

(a)

an officer of the prison appointed by the Secretary of State and includes the Governor and for the purposes of rule 90 includes a prisoner custody officer who is authorised to perform escort functions in accordance with section 114 of the 1994 Act; or

(b)

in the case of a legalised police cell any constable”.

(6) After the definition of “photograph”, there is inserted the following definition:–

““Principal Reporter” means the Principal Reporter appointed under section 127 of the Local Government etc. (Scotland) Act 1994(3) or any officer of the Scottish Children’s Reporter Administration to whom there is delegated, under section 131(1) of that Act, any function of the Principal Reporter under the Children (Scotland) Act 1995(4);”.

(7) In the definition of “prohibited article”–

(a) for the words “the Prevention of Crime Act 1953” there are substituted the words “section 47(4) of the Criminal Law (Consolidation) (Scotland) Act 1995(5)”; and

(b) for the words “1 of the Carrying of Knives etc. (Scotland) Act 1993” there are substituted the words “49 of the Criminal Law (Consolidation) (Scotland) Act 1995”.

(8) The definition of “training for freedom hostel” is omitted.

(1)

Rule 3 was amended by S.I. 1996/32, rule 2 and S.I. 1998/1589, rule 3.

(2)

1994 c. 33.

(3)

1994 c. 39.

(4)

1995 c. 36.

(5)

1995 c. 39.