The Prisons and Young Offenders Institutions (Scotland) Rules 2006

Visiting committees for legalised police cells

164.—(1) There shall be a visiting committee constituted in accordance with this rule for the legalised police cells specified in column 1 of Schedule 3 to these Rules.

(2) The members of a visiting committee for the legalised police cells specified in column 1 of Schedule 3 shall be appointed in accordance with this rule by the council or councils specified in column 2 of that Schedule in relation to those cells and each such council shall appoint the number of members of the committee specified in column 3 of that Schedule in relation to that council.

(3) In relation to the legalised police cells specified in Schedule 3 and to the visiting committees constituted in accordance with this rule and to the members and officers of any such committees, the following provisions of these Rules shall apply subject to the modifications specified in paragraphs (4) to (7):–

(a) in rule 155, paragraphs (4) to (8);

(b) in rule 157, paragraphs (1) to (3) and (6) and (7);

(c) rule 158;

(d) rule 159;

(e) rule 160;

(f) rule 161;

(g) rule 162; and

(h) rule 163.

(4) The provisions specified in sub paragraphs (a) to (h) of paragraph (3) shall apply as if–

(a) any reference to “prison” were a reference to the relevant legalised police cells;

(b) any reference to “Governor” were a reference to the constable who is in charge of the cells.

(5) Rule 157(7) shall apply as if the words “the Governor and to” were omitted.

(6) Rule 160 shall apply as if for the words from the beginning to the word “fortnightly” read “A member of a visiting committee shall visit the legalised police cells on at least one occasion in a month if any prisoners have been detained in the cells within the preceding month”.

(7) Rule 161 shall apply as if–

(a) in paragraph (1), the words after “inspect” read “records relating to the legalised police cells and any record kept at the cells which relates to a prisoner who is or has been detained in them.”; and

(b) in paragraph (2), the words “prison records” read “any such records as mentioned in paragraph (1)”.