The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2011

This instrument has been made to correct defects in S.S.I. 2011/331 and is being issued free of charge to all known recipients of that instrument.

Scottish Statutory Instruments

2011 No. 356    

Prisons

The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2011

Made

11th October 2011

Laid before the Scottish Parliament

13th October 2011

Coming into force

1st November 2011

The Scottish Ministers make the following Rules in exercise of the powers conferred by section 52 of the Court Martial Appeals Act 1968(1), sections 33A and 39 of the Prisons (Scotland) Act 1989(2), sections 104(6) and 114(3) of the Criminal Justice and Public Order Act 1994(3) and all other powers enabling them to do so.

(1)

1968 c.20; section 52 was amended by the Prisons (Scotland) Act 1989 (c.45), section 45(1) and Schedule 2, paragraph 10; the short title of the Act was changed by the Armed Forces Act 2006 (c.52), Schedule 8, paragraph 53.

(2)

1989 c.45; section 33A was inserted by the Criminal Justice and Public Order Act 1994 (c.33) (“the 1994 Act”), section 116(3). Section 39 was amended by the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9) (“the 1993 Act”), sections 24 and 25, Schedule 5, paragraph 6(6)(b) and Schedule 7, paragraph 1; the 1994 Act, section 116(4); the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), Schedule 4, paragraph 75(4)(a) and by the Crime and Disorder Act 1998 (c.37), Schedule 8, paragraph 71 and Schedule 10, paragraph 1. Section 39 is to be read with the following sections: 19 (as amended by the 1993 Act, Schedule 5, paragraph 6(4)), 20A (which was inserted by the 1993 Act, section 23); 41(2B) (which was inserted by the 1994 Act, section 153(3) and amended by the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 34(1)); 41B(1) (which was inserted by the 1994 Act, section 151(2) and amended by the Management of Offenders etc. (Scotland) Act 2005 (asp 14), section 16); and 41C(1) (which was inserted by the Crime and Punishment (Scotland) Act 1997 (c.48), section 42). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(3)

1994 c.33.