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The Prison and Young Offender Institution (Amendment) Rules 2011

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Rule 3

SCHEDULE 2Amendment of the Young Offender Institution Rules 2000

This schedule has no associated Explanatory Memorandum

1.  In rule 8 (requests and complaints)(1)—

(a)for paragraph (1) substitute—

(1) An inmate may make a request or complaint to the governor or independent monitoring board relating to the inmate’s detention.;

(b)in paragraph (2)—

(i)omit “On every day”,

(ii)for “hear any oral” substitute “consider as soon as possible any”.

2.  In rule 11(2A) (interception of communications)(2), for “the chief operating officer of the prison service” substitute “any one of the following: the chief executive officer of the National Offender Management Service; the director responsible for national operational services of that service; or the duty director of that service”.

3.  In rule 58(3)(b) (disciplinary charges)(3), after “rule 58A(2)” insert “or 63(3)(b)”(4).

4.  In rule 58A (determination of mode of inquiry)(5)—

(a)in paragraph (1) for “whether it is so serious” to the end substitute—

(i)whether the charge is so serious that additional days should be awarded for the offence if the inmate is found guilty, or

(ii)whether it is necessary or expedient for some other reason for the charge to be inquired into by the adjudicator.;

(b)in paragraph (2)—

(i)in sub-paragraph (a), after “that it is so serious” insert “or that it is necessary or expedient for some other reason for the charge to be inquired into by the adjudicator”,

(ii)in sub-paragraph (b), after “that it is not so serious” insert “or that it is not necessary or expedient for some other reason for the charge to be inquired into by the adjudicator”;

(c)in paragraph (3)—

(i)after “it appears to the governor” insert “either”,

(ii)after “the inmate is found guilty” insert “or that it is necessary or expedient for some other reason for the charge to be inquired into by the adjudicator”.

(1)

Rule 8 was amended by S.I. 2008/599.

(2)

Rule 11 was amended by S.I. 2009/3082.

(3)

Rule 58 was amended by S.I. 2002/2117.

(4)

Rule 63(3) was inserted by S.I. 2002/2117.

(5)

Rule 58A was inserted by S.I. 2002/2117.

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