The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016
| Jurisdiction | Scotland |
| Citation | SSI 2016/131 |
| Year | 2016 |
S C O T T I S H S T A T U T O R Y I N S T R U M E N T S
2016 No. 131
PRISONS
The Prisons and Young Offenders Institutions (Scotland)
Amendment Rules 2016
Made - - - - 24th February 2016
Laid before the Scottish Parliament 24th February 2016
Coming into force - - 24th March 2016
The Scottish Ministers make the following Rules in exercise of the powers conferred by section 39
of the Prisons (Scotland) Act 1989(a) and all other powers enabling them to do so.
Citation and commencement
1. These Rules may be cited as the Prisons and Young Offenders Institutions (Scotland)
Amendment Rules 2016 and come into force on 24th March 2016.
Amendment of the Prison and Young Offenders Institutions (Scotland) Rules 2011
2.—(1) The Prisons and Young Offenders Institutions (Scotland) Rules 2011(b) are amended as
follows.
(2) In rule 2—
(a) for the definition of “constable” substitute—
““constable” has the same meaning as in section 99(1) of the Police and Fire Reform
(b) in paragraph (b) of the definition of “Governor”, for “55(5)” substitute “55(7)”;
(c) after the definition of “media representative” insert—
““medical facility” includes any hospital and any other premises at which any form of
services for the care of a person’s health is provided;”.
(3) In rule 4(1)(d), for “40” substitute “41”.
(a) 1989 c.45; 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 Criminal Ju stice and Public Order Act
1994 (c.33) (“the 1994 Act”), section 116(4); the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995
(c.40), Schedule 4, paragraph 75(4)(a), and 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 of the Prisons (Scotland) Act 1989: 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, 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 the
Scotland Act 1998 (c.46), section 53.
(b) S.S.I. 2011/331 as amended by S.S.I. 2011/356 and S.S.I. 2012/26.
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