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The Prison Rules 1999
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Changes over time for: Section 45
Changes to legislation:
The Prison Rules 1999, Section 45 is up to date with all changes known to be in force on or before 30 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- rule 51(1B)-(1D) inserted by S.I. 2024/212 rule 2(3)(b)
- rule 51(23A) inserted by S.I. 2024/212 rule 2(3)(e)
- rule 55(1)(i) inserted by S.I. 2024/212 rule 2(5)(a)
Removal from associationE+W
45.—(1) Where it appears desirable, for the maintenance of good order or discipline or in his own interests, that a prisoner should not associate with other prisoners, either generally or for particular purposes, the governor may arrange for the prisoner’s removal from association [F1for up to 72 hours].
[F2(2) Removal for more than 72 hours may be authorised by the governor in writing who may authorise a further period of removal of up to 14 days.
(2A) Such authority may be renewed for subsequent periods of up to 14 days.
(2B) But the governor must obtain leave from the Secretary of State in writing to authorise removal under paragraph (2A) where the period in total amounts to more than 42 days starting with the date the prisoner was removed under paragraph (1).
( 2C) The Secretary of State may only grant leave for a maximum period of 42 days, but such leave may be renewed for subsequent periods of up to 42 days by the Secretary of State.]
[F3(3) The governor may arrange at his discretion for a prisoner removed under this rule to resume association with other prisoners at any timeF4....]
[F5(3A) In giving authority under paragraphs (2) and (2A) and in exercising the discretion under paragraph (3), the governor must fully consider any recommendation that the prisoner resumes association on medical grounds made by a registered medical practitioner or registered nurse working within the prison.]
(4) This rule shall not apply to a prisoner the subject of a direction given under rule 46(1).
Textual Amendments
F1Words in rule 45(1) substituted (4.9.2015) by The Prison and Young Offender Institution (Amendment) Rules 2015 (S.I. 2015/1638), rules 1(2), 2(2)
F2Rule 45(2)-(2C) substituted for rule 45(2) (4.9.2015 for specified purposes, 16.10.2015 in so far as not already in force) by The Prison and Young Offender Institution (Amendment) Rules 2015 (S.I. 2015/1638), rules 1(2)(3), 2(3)
F3Rule 45(3) substituted (3.1.2006) by The Prison (Amendment) (No. 2) Rules 2005 (S.I. 2005/3437), rule 1, Sch. 1 para. 9(b)
F4Words in rule 45(3) omitted (4.9.2015) by virtue of The Prison and Young Offender Institution (Amendment) Rules 2015 (S.I. 2015/1638), rules 1(2), 2(4)
F5Rule 45(3A) inserted (4.9.2015) by The Prison and Young Offender Institution (Amendment) Rules 2015 (S.I. 2015/1638), rules 1(2), 2(5)
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