(This note is not part of the Rules)
These Rules amend the Prisons and Young Offenders Institutions (Scotland) Rules 2011 (“the principal Rules”).
Rule 2(3) inserts new rule 5A into the principal Rules to permit the Governor to authorise the Deputy Governor to exercise, on the Governor’s behalf, their function in section 3C(5)(b) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”). Under that section, the Governor appointed for a prison under section 3(1A) of the Prisons (Scotland) Act 1989, may prevent a prisoner who is eligible for release under regulations made by the Scottish Ministers under section 3C(1) of the 1993 Act from being released in accordance with those Regulations. This is known as the “Governor veto”. The 1993 Act currently limits the performance of the function only to the Governor.
Rule 2(2) amends rule 2(1) of the principal Rules to ensure that that Governor, for the purposes of new rule 5A, means the Governor in Charge. This means that it is only the Governor in Charge who can delegate the exercise of their function under section 3C(5)(b) of the 1993 Act to the Deputy Governor.