Statutory Instrument 1998 No. 972 (S.55)

The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 1998

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© Crown Copyright 1998

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" "governor" means any of the following persons:-
(a) the person who is appointed by the Secretary of State under section 3(1) of the Prisons (Scotland) Act 1989[3] as the Governor-in-Charge of a prison;

(b) the officer who is the Deputy Governor of a prison;

(c) any officer who is appointed to manage a function or group of functions within the prison and is known as a Unit Manager and who has been authorised to adjudicate disciplinary proceedings; and

(d) where there is no officer as mentioned in sub paragraphs (a) to (c) above present for the time being in the prison, the most senior officer who is present in the prison at that time.".

     3. In regulation 4 (Application of Part II of the Act to assistance by way of representation: proceedings under the 1995 Act) of the principal Regulations, at the end of paragraph (f), the full stop shall be deleted and there shall be inserted-

     " ;

(g) under section 234A(6)[4] in relation to revocation or variation of a non-harassment order.".

Henry McLeish
Minister of State Scottish Office

St Andrew's House, Edinburgh
2nd April 1998

[2] S.I. 1997/3070.back

[3] 1989 c.45.back

[4] Section 234A(6) was inserted by the Protection from Harassment Act 1997 c.40.back