PART 17VISITING COMMITTEES
Constitution of visiting committees for prisons146.
(1)
A visiting committee must be constituted, in accordance with this rule, for each prison specified in column 1 of Schedule 2.
(2)
In relation to each such visiting committee—
(a)
the members of the visiting committee must be appointed by the council or councils specified in column 2 of Schedule 2 opposite to the name of the prison specified in column 1 of that Schedule;
(b)
the number of members that each council must appoint to the visiting committee is specified in column 3 of that Schedule; and
(c)
the number of members who must be appointed by each council but who must not be members of that council is specified in column 4 of that Schedule .
(3)
Any person with a direct financial interest in any contract for the supply of goods or services to any prison is not eligible for appointment to a visiting committee in terms of this rule.
(4)
The member or members of a visiting committee to be appointed by a council in terms of paragraph (2) must be appointed—
(a)
subject to the following sub-paragraphs, at a meeting of that council held no later than 2 months after the date of the ordinary election of the council;
(b)
if for any reason the requisite number of members of a visiting committee is not appointed at the proper time in terms of sub-paragraph (a), at a meeting of the council held as soon as possible after that time;
(c)
if a member of the visiting committee ceases to hold office by virtue of paragraph (7), at a meeting of the council held as soon as possible after that member ceases to hold office; and
(d)
if for any other reason a vacancy occurs in a visiting committee, at a meeting of the council held as soon as possible after the vacancy occurs.
(5)
A member of a visiting committee appointed by a council under—
(a)
paragraph (4)(a), will take office on the day which falls 2 months after the date of the ordinary election of the council;
(b)
paragraph (4)(b), (c) or (d), will take office on the day following the appointment.
(6)
A member of a visiting committee appointed by a council under paragraph (4) holds office until—
(a)
he or she ceases to hold office by virtue of paragraph (7); or
(b)
until the day prior to the day which falls 2 months after the date of the next ordinary election of the council.
(7)
A member of a visiting committee ceases to hold office if—
(a)
he or she resigns;
(b)
the council who appointed the member terminates the member’s appointment on being satisfied that—
(i)
the member has failed satisfactorily to perform his or her duties;
(ii)
the member is for any other reason incapable of carrying out his or her duties;
(iii)
subsequent to his or her appointment, the member has been convicted of such a criminal offence, or the member’s conduct has been such, that it is not fitting that he or she should remain a member; or
(iv)
the member has a direct financial interest contrary to the terms of rule 154; or
(c)
having been appointed a member whilst also a member of a relevant council under Schedule 2, that council terminates his or her appointment by reason of having ceased to be a member of the council.
(8)
The chair of a visiting committee must report any circumstances which he or she considers might reasonably give cause for termination, in terms of paragraph (7), of the appointment of a member of the visiting committee to the council responsible for appointing the member of the visiting committee.