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.
2011 No. 356  
Prisons

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

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Rules in exercise of the powers conferred by section 52 of the Court Martial Appeals Act 19681, sections 33A and 39 of the Prisons (Scotland) Act 19892, sections 104(6) and 114(3) of the Criminal Justice and Public Order Act 19943 and all other powers enabling them to do so.

Citation and commencement1.

These Rules may be cited as the Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2011 and come into force on 1st November 2011.

Amendment of the Prison Rules2.

(1)

The Prisons and Young Offenders Institutions (Scotland) Rules 20114 are amended as follows.

(2)

In the definition of “appellant” in rule 2(1)—

(a)

for “Courts-Martial (Appeals) Act 1968” substitute “Court Martial Appeals Act 1968”; and

(b)

for “Courts-Martial Appeal Court” substitute “Court Martial Appeal Court”.

(3)

For rule 2(3)(e), substitute—

“(e)

in the case of an appeal as mentioned in sub-paragraph (d) of that definition, from the time the prisoner lodges the appeal;”.

(4)

In rule 3(3)(j), for “Courts-Martial (Appeals) Act 1968” substitute “Court Martial Appeals Act 1968”.

(5)

For rule 4(1)(f) substitute—

“(f)

rules 106(8), 108(8), 141(b) and (c) and 142(7) do not apply;”.

(6)

In rule 26(d), for “35” substitute “25”.

(7)

For rule 60 substitute—

“60.

(1)

Any person who does not want to receive any communication from a prisoner may make a request to the Governor to prevent or restrict that prisoner from communicating with that person.

(2)

Where the Governor receives a request under paragraph (1), the Governor may take such reasonable steps as the Governor considers appropriate to prevent or restrict communication from that prisoner to that person.

(3)

The Scottish Ministers may make provision in a direction made under rule 55(5) in relation to the operation of this Rule.

(4)

For the purposes of this rule “communication” includes written correspondence and telephone calls.”.

(8)

In rule 85—

(a)

in paragraph (1), after “educational class” insert “or counselling”; and

(b)

in paragraph (2), after “undertakes work” insert “, an educational class or counselling”.

(9)

In rule 86(b), after “rule 84” insert “or 85”.

(10)

In rule 95(10), for “or other official” substitute “, employee or any other person who ordinarily works at the prison but is not employed by the Scottish Ministers”.

(11)

In rule 105(5), for “paragraph (2)” substitute “paragraph (4)”.

(12)

In rule 125(2)(d), for “SPSO” substitute “Scottish Public Services Ombudsman”.

(13)

In the definition of “temporary release for work” in rule 136—

(a)

after paragraph (a) insert “or”;

(b)

in paragraph (b) for “class; or” substitute “class;”; and

(c)

omit paragraph (c).

KENNY MACASKILL
A member of the Scottish Executive

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Rules)

These Rules amend the Prisons and Young Offenders Institutions (Scotland) Rules 2011 (“the Prison Rules”). Rule 2(8) of these Rules replaces rule 60 of the Prison Rules in order to allow Governors a discretion to take reasonable steps to prevent or restrict correspondence following a request made under rule 60(1). The new rule 60 also allows the Scottish Ministers to make provision in a direction about its operation. The remaining rules are technical amendments designed to clarify minor points in the Prison Rules.