PART 1

GENERAL

Application of Rules to contracted out prisons
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 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 ;
d
in rules 40, 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;
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.
1994 c.33; section 114(1) was amended by S.I. 1999/1820, article 4 and paragraph 115 of Schedule 2.
1994 c.33; section 107(1) was amended by S.I. 1999/1820, article 4 and paragraph 115 of Schedule 2.
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)