The Prisons and Young Offenders Institutions (Scotland) Rules 2006

Savings and transitional provisions for the 1994 Rules

1.  Subject to the following sub paragraphs of this paragraph, where at the date of revocation of the 1994 Rules by rule 167 of these Rules–

(a) there remains extant any privilege or certificate granted;

(b) there remains in force any authority, direction order or permission given;

(c) any record or minute requires to be made in respect of any matter;

(d) any complaint made requires to be or is being investigated; or

(e) any inquiry or investigation requires to be or is being carried out,

under any provision of the 1994 Rules, then, insofar as any matter specified in heads (a) to (e) above could be granted, given, made, investigated or carried out under a corresponding provision of these Rules, that matter shall be treated as if it had been granted, made or given, or as if it had to be made, investigated, or carried out, under the corresponding provision of these Rules.

(2) Any award of a punishment under any one or more of sub paragraphs (a) to (d) and (g) to (i) of rule 100(1) of the 1994 Rules which was made in respect of a prisoner prior to the date of coming into force of these Rules shall be deemed to have effect as if awarded under rule 119 of these Rules.

(3) Where, at the date of coming into force of these Rules, any report of an offence against discipline which was made in terms of rule 96 of the 1994 Rules has not been adjudicated, the report shall be deemed not to have been made, but without prejudice to the right of an officer, if appropriate, to make a report in terms of rule 114(1) of these Rules.

(4) The Scottish Prison Service Code of Discipline 1993 made by the Secretary of State on 24th October 1992 shall continue to apply as if it had been approved under rule 155 of these Rules.