The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2007

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Prisons and Young Offenders Institutions (Scotland) Rules 2006 (“the 2006 Rules”).

Rule 2 amends rule 5(1) of the 2006 Rules by–

• inserting a new definition of “Deputy Governor” to reflect the fact that more than one Deputy Governor may be appointed in relation to a prison;

• amending the definition of “employee”; and

• inserting a new definition of “police member of the Scottish Crime and Drug Enforcement Agency” in consequence of the amendment to rule 68(1) of the 2006 Rules.

Rule 3 amends rule 68(1) of the 2006 Rules to enable police members of the Scottish Crime and Drug Enforcement Agency to visit prisoners on production of the relevant written authority in the same way that police constables can.

Rule 4 amends rule 117(3) of the 2006 Rules to correct an erroneous cross reference to provisions in Schedule 1 to the 2006 Rules concerning prisoner breaches of discipline.

Rule 5 amends rule 141(3)(a) of the 2006 Rules also to correct an error in that rule, to ensure the correct cross reference is to rule 145(1) which is the relevant rule concerning disqualification of prisoners from temporary release.

Rule 6 amends Schedule 2 to the 2006 Rules. Schedule 2 to the 2006 Rules makes provision for the constitution of visiting committees for prisons. An entry is inserted for the Open Estate prison in consequence of the amalgamation of Castle Huntly and Noranside prisons into the Open Estate prison on 1st April 2007. The entries relating to Castle Huntly and Noranside prisons are therefore omitted. The entry relating to Low Moss prison is also omitted with effect from 28th May 2007 in view of the forthcoming discontinuance of that prison on that date.

Rule 7 makes saving and transitional provisions in relation to the visiting committees for the prisons that are to discontinue.