Amendment of the Prison Rules 19992

1

Rule 45 (removal from association) of the Prison Rules 1999 is amended as follows.

2

In paragraph (1), for “accordingly” substitute “for up to 72 hours”.

3

For paragraph (2)4 substitute—

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.

4

In paragraph (3)5 omit “, and in exercising that discretion 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”.

5

After paragraph (3) insert—

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.