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

Insertion of rule 140A into the principal rules

50.  After rule 140 of the principal Rules (conflicts of interest) there is inserted the following rule:—

“Visiting committees for legalised police cells

140A.— (1) On and after 1st April 1996 there shall be a visiting committee constituted in accordance with this rule for the legalised police cells specified in column 1 of Schedule 4A to these Rules.

(2) The members of a visiting committee for the legalised police cells specified in column 1 of Schedule 4A 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 4A 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 133, paragraphs (4) to (8);

(b) in rule 134, paragraphs (1) to (3) and (6) and (7);

(c) rule 135;

(d) rule 136;

(e) rule 137;

(f) rule 138;

(g) rule 139; and

(h) rule 140.

(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 134(7) shall apply as if the words “the Governor and to” were omitted.

(6) Rule 137 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 138 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)”.”.