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Version Superseded: 15/05/2020
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82.—(1) Where the Secretary of State has entered into a contract for the running of a prison under section 84 of the Criminal Justice Act 1991 M1 (“the 1991 Act") these Rules shall have effect in relation to that prison with the following modifications—
(a)references to an officer in the Rules shall include references to a prisoner custody officer certified as such under section 89(1) of the 1991 Act and performing custodial duties;
(b)references to a governor in the Rules shall include references to a director approved by the Secretary of State for the purposes of section 85(1)(a) of the 1991 Act except—
[F1(i)in rule 81 the reference to a governor shall include a reference to a controller appointed by the Secretary of State under section 85(1)(b) of the 1991 Act;]
(ii)in rules 62(1), 66 and 77 where references to a governor shall include references to the director and the controller; and
[F2(iii)in rules 45, 48, 49, 53, 53A, 54, 55, [F355AB,] 57, 60, 61 [F3and 61A] where references to a governor shall include a reference to the director or the controller;]
(c)rule 68 shall not apply in relation to a prisoner custody officer certified as such under section 89(1) of the 1991 Act and performing custodial duties.
[F4(1A) The director of a prison may, with the leave of the Secretary of State, delegate any of his powers and duties under rules 45, 48, 49, 53, 53A, 55, [F555AB,] 57, 60, 61 [F5and 61A] to another officer of that prison.]
F6(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Rule 82(1)(b)(i) substituted (1.11.2007) by The Prison (Amendment) Rules 2007 (S.I. 2007/2954), rules 1, 4
F2Rule 82(1)(b)(iii) inserted (2.11.2007) by The Prison (Amendment No. 2) Rules 2007 (S.I. 2007/3149), rules 1, 2(2)(a)
F3Words in rule 82(1)(b)(iii) inserted (1.11.2013) by The Prison and Young Offender Institution (Amendment) Rules 2013 (S.I. 2013/2462), rule 1, Sch. 1 para. 5 (with rule 4)
F4Rule 82(1A) inserted (2.11.2007) by The Prison (Amendment No. 2) Rules 2007 (S.I. 2007/3149), rules 1, 2(2)(b)
F5Words in rule 82(1A) inserted (1.11.2013) by The Prison and Young Offender Institution (Amendment) Rules 2013 (S.I. 2013/2462), rule 1, Sch. 1 para. 5 (with rule 4)
F6Rule 82(2) omitted (2.11.2007) by virtue of The Prison (Amendment No. 2) Rules 2007 (S.I. 2007/3149), rules 1, 2(2)(c)
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