The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2014

Scottish Statutory Instruments

2014 No. 26

Prisons

The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2014

Made

28th January 2014

Laid before the Scottish Parliament

30th January 2014

Coming into force

3rd March 2014

The Scottish Ministers make the following Rules in exercise of the powers conferred by sections 8 and 39 of the Prisons (Scotland) Act 1989(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Rules may be cited as the Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2014 and come into force on 3rd March 2014.

Amendment of the Prison Rules

2.  The table in Schedule 2 (constitution of visiting committees) to the Prisons and Young Offenders Institutions (Scotland) Rules 2011(2) is amended as follows:—

(a) omit the entries for HMP Aberdeen and HMP Peterhead,

(b) after the entry for HMP Glenochil, insert—

GRAMPIAN	Aberdeen City Council	8	4
	Aberdeenshire Council	4	2
	The Moray Council	1	0
	The Highland Council	1	0
	Comhairle nan Eilean Siar	1	0
	Orkney Islands Council	1	0
	Shetland Islands Council	1	0

KENNY MACASKILL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

28th January 2014

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Prisons and Young Offenders Institutions (Scotland) Rules 2011 (“the Prison Rules”). Rule 2(a) amends Schedule 2 to the Prison Rules to remove the entries for HMP Aberdeen and HMP Peterhead from the table. Rule 2(b) amends Schedule 2 to the Prison Rules to insert a new entry for HMP Grampian into the table.

(1)

1989 c.45; section 8 was amended by the Management of Offenders etc. (Scotland) Act 2005 (asp 14), section 21(6); section 39 was amended by the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9) (“the 1993 Act”), section 24 and 25, Schedule 5, paragraph 6(6)(b) and Schedule 7, paragraph 1; the Criminal Justice and Public Order Act 1994 (c.33), section 116(4); the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), Schedule 4, paragraph 75(4)(a); and the Crime and Disorder Act 1998 (c.37), Schedule 8, paragraph 71 and Schedule 10, paragraph 1. Section 39 is to be read with section 19 of the Prisons (Scotland) Act 1989, as amended by the 1993 Act, Schedule 5, paragraph 6(4). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of the Scotland Act 1998 (c.46), section 53.

(2)

S.S.I. 2011/331; as amended by S.S.I. 2011/356, S.S.I. 2012/26 and S.S.I. 2013/119.