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The Prison Rules 1999

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Changes over time for: Section 45

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Point in time view as at 16/10/2015.

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The Prison Rules 1999, Section 45 is up to date with all changes known to be in force on or before 14 May 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. Help about Changes to Legislation

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Removal from associationE+W

45.—(1) Where it appears desirable, for the maintenance of good order or discipline or in his own interests, that a prisoner should not associate with other prisoners, either generally or for particular purposes, the governor may arrange for the prisoner’s removal from association [F1for up to 72 hours].

[F2(2) Removal for more than 72 hours may be authorised by the governor in writing who may authorise a further period of removal of up to 14 days.

(2A) Such authority may be renewed for subsequent periods of up to 14 days.

(2B) But the governor must obtain leave from the Secretary of State in writing to authorise removal under paragraph (2A) where the period in total amounts to more than 42 days starting with the date the prisoner was removed under paragraph (1).

( 2C) The Secretary of State may only grant leave for a maximum period of 42 days, but such leave may be renewed for subsequent periods of up to 42 days by the Secretary of State.]

[F3(3) The governor may arrange at his discretion for a prisoner removed under this rule to resume association with other prisoners at any timeF4....]

[F5(3A) In giving authority under paragraphs (2) and (2A) and in exercising the discretion under paragraph (3), the governor must fully consider any recommendation that the prisoner resumes association on medical grounds made by a registered medical practitioner or registered nurse working within the prison.]

(4) This rule shall not apply to a prisoner the subject of a direction given under rule 46(1).

Textual Amendments

F2Rule 45(2)-(2C) substituted for rule 45(2) (4.9.2015 for specified purposes, 16.10.2015 in so far as not already in force) by The Prison and Young Offender Institution (Amendment) Rules 2015 (S.I. 2015/1638), rules 1(2)(3), 2(3)

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