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The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1996

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Amendment of rule 133 of the principal Rules

48.  Rule 133 of the principal Rules (constitution of visiting committees) is amended by substituting for paragraphs (1) to (5) the following paragraphs:—

(1) On and after 1st April 1996 there shall be a visiting committee constituted in accordance with this rule for each prison specified in column 1 of Schedule 4.

(2) The members of a visiting committee constituted in accordance with this rule for each prison specified in column 1 of Schedule 4 shall be appointed in accordance with this rule by the council or councils specified in column 2 of that Schedule in relation to that prison 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 appointing the members of a visiting committee for each prison specified in column 1 of Schedule 4 each council responsible for appointing the members shall ensure that the total number of members specified in column 3 of that Schedule in relation to that prison and council shall include not fewer than the number of members specified (where a number is specified) in column 4 of that Schedule in relation to that prison and council being persons who are not members of the council which appoints them.

(4) Any person with a direct financial interest in any contract for the supply of goods or services to any prison shall not be eligible for appointment to a visiting committee in terms of this rule.

(5) The member or members of a visiting committee to be appointed by a council in terms of paragraph (2) shall be appointed at a meeting of the council held at any time prior to 1st April 1996 and thereafter shall be so appointed at a meeting of that council held not later than 2 months after the date of—

(a)the ordinary election of councillors in 1999; and

(b)the ordinary election of councillors every third year thereafter.

(5A) Any member of a visiting committee appointed by a council in accordance with paragraphs (2) and (5) shall—

(a)in the case of the first members to be appointed, take office on 1st April 1996 and shall hold office, unless he earlier ceases to hold office by virtue of paragraph (6), until the day prior to the day which falls 2 months after the date of the ordinary election of councillors in 1999; or

(b)in the case of the members to be appointed after the ordinary election of councillors every third year after 1999, take office on the day which falls 2 months after the date of the respective ordinary election of councillors and shall hold office, unless he earlier ceases to hold office by virtue of paragraph (6), until the day prior to the day which falls 2 months after the date of the next ordinary election of councillors..

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