- Latest available (Revised)
- Point in Time (12/05/2017)
- Original (As made)
Point in time view as at 12/05/2017.
The Prison Rules 1999, Section 46A is up to date with all changes known to be in force on or before 17 May 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
46A.—(1) Where it appears desirable, on one or more of the grounds specified in paragraph (2), the Secretary of State may direct that a prisoner be placed in a separation centre within a prison.
(2) The grounds referred to in paragraph (1) are—
(a)the interests of national security;
(b)to prevent the commission, preparation or instigation of an act of terrorism, a terrorism offence, or an offence with a terrorist connection, whether in a prison or otherwise;
(c)to prevent the dissemination of views or beliefs that might encourage or induce others to commit any such act or offence, whether in a prison or otherwise, or to protect or safeguard others from such views or beliefs, or
(d)to prevent any political, religious, racial or other views or beliefs being used to undermine good order and discipline in a prison.
(3) A direction given under paragraph (1) must be reviewed every three months.
(4) The Secretary of State may, at any time, revoke a direction given under paragraph (1) and direct that the prisoner be removed from the separation centre.
(5) In exercising any discretion under this rule, the Secretary of State must take account of any known relevant medical considerations.
(6) In this rule—
“act of terrorism” includes anything constituting an action taken for the purposes of terrorism within the meaning of section 1 of the Terrorism Act 2000;
“offence with a terrorist connection” means an offence listed in Schedule 2 of the Counter-Terrorism Act 2008, which also satisfies the definition in section 93 of that Act;
“separation centre” means any part of a prison for the time being used for holding prisoners who are subject to a direction under paragraph (1);
“terrorism offence” means an offence listed in section 41(1) of the Counter-Terrorism Act 2008.]
Textual Amendments
F1Rule 46A inserted (12.5.2017) by The Prison (Amendment) Rules 2017 (S.I. 2017/576), rules 1, 2(2)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.