The Prisons and Young Offenders Institutions (Scotland) Rules 2011

Application of Rules to contracted out prisons S

4.—(1) Where the Scottish Ministers have entered into a contract for the running of a contracted out prison, these Rules have effect in relation to the contracted out prison, with the following modifications—

(a) references to “an officer” include references to a prisoner custody officer certified as such under section 114(1) of the 1994 Act M1 and performing custodial duties at that or any other prison;

(b) references to “an employee” include references to an employee of the contractor or any sub contractor;

(c) subject to sub-paragraphs (d), (e) and (h), references to a “Governor” include references to a director approved by the Scottish Ministers for the purpose of section 107(1) of the 1994 Act M2 ;

(d) in rules [F1 41], 95, 96 and 97 and in any rule in Parts 11 and 15 references to a “Governor” are to be construed as references to a controller appointed by the Scottish Ministers under section 107(1) of the 1994 Act;

(e) “Governor in Charge” means the director except where the function has been conferred on the controller in terms of sub-paragraph (d) and in such cases references to the “Governor in Charge” are to be construed as references to the controller;

[F2 (f) rules 106(8), 108(8), 141(b) and (c) and 142(7) do not apply;]

(g) in rules 122 and 123, references to “residential first line manager” or “RFLM” are to be construed as references to the senior prison custody officer;

(h) in rule 124 where a prisoner desires to make a complaint concerning any confidential matter which relates to the controller, references to “the Governor” in rule 124 are to be construed as references to “the Scottish Ministers”; and

(i) the reference to “the Governor” in rule 139(b) includes reference to the director and the controller.

(2) Where a director exercises the powers set out in section 107(3)(c) of the 1994 Act (removal of a prisoner from association with other prisoners, the temporary confinement of a prisoner in a special cell or the application to a prisoner of any other special control or restraint in cases of urgency) the director must notify the controller of the fact forthwith.

Textual Amendments

F1 Word in rule 4(1)(d) substituted (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(3)

F2 Rule 4(1)(f) substituted (1.11.2011) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2011 (S.S.I. 2011/356), rules 1, 2(5)

Marginal Citations

M1 1994 c.33; section 114(1) was amended by S.I. 1999/1820, article 4 and paragraph 115 of Schedule 2.

M2 1994 c.33; section 107(1) was amended by S.I. 1999/1820, article 4 and paragraph 115 of Schedule 2.