The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015
| Jurisdiction | Scotland |
| Citation | SSI 2015/39 |
| Year | 2015 |
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
2015 No. 39
PUBLIC SERVICES REFORM
The Public Services Reform (Inspection and Monitoring of
Prisons) (Scotland) Order 2015
Made - - - - 28th January 2015
Coming into force - - 31st August 2015
The Scottish Ministers make the following Order in exercise of the powers conferred by sections
14 and 15 of the Public Services Reform (Scotland) Act 2010(a) (“the Act”) and all other powers
enabling them to do so.
The Scottish Ministers consider that the conditions in section 16(2) and (10) of the Act are
satisfied.
The Scottish Ministers consider that the conditions in section 20(4) and (5) of the Act are satisfied.
The Scottish Ministers have consulted in accordance with section 26 of the Act.
The Scottish Ministers have laid a draft of this Order and an explanatory document before the
Scottish Parliament in accordance with section 25(2)(b) of the Act.
In accordance with section 25(2)(c) of the Act, the draft of this Order has been approved by
resolution of the Scottish Parliament.
Citation and commencement
1. This Order may be cited as the Public Services Reform (Inspection and Monitoring of
Prisons) (Scotland) Order 2015 and comes into force on 31st August 2015.
Amendment of the Prisons (Scotland) Act 1989
(a) 2010 asp 8.
(b) 1989 c.45.
2
(2) After section 6 insert—
“Purpose of inspection and monitoring of prisons
6A. The provisions of sections 7 to 7G are in pursuance of the objective of OPCAT, that
is, the objective of establishing a system of regular visits undertaken by independent
international and national bodies to places where people are deprived of their liberty in
order to prevent torture and other cruel, inhuman or degrading treatment or punishment.”.
(3) In section 7 (appointment and functions of Her Majesty’s Chief Inspector of Prisons for
Scotland), for subsections (2) to (7) substitute
“(2) The functions of the Chief Inspector are
(a) to inspect, or arrange for the inspection of, prisons and the treatment of prisoners,
(b) to inspect the conditions in which prisoners are transported or held in pursuance of
prisoner escort arrangements (within the meaning of section 102 (arrangements for
the provision of prisoner escorts) of the Criminal Justice and Public Order Act
1994(a)),
(c) to inspect the arrangements operated by prisons for the temporary release of
prisoners in accordance with rules made under section 39,
(d) to investigate specific matters connected with prisons or prisoners which have been
referred to the Chief Inspector by the Scottish Ministers,
(e) to issue instructions to prison monitoring co-ordinators i n relation to the exercise
of their functions,
(f) to prepare and publish guidance on the exercise of the functions of prison
monitoring co-ordinators and independent prison monitors,
(g) to evaluate the performance of each prison monitoring co-ordinator, and
(h) such other functions as are conferred on the Chief Inspector by this or any other
enactment.
(3) The Chief Inspector must report to the Scottish Ministers—
(a) following an inspection carried out under subsection (2)(a),(b) or (c),
(b) following an investigation carried out under subsection (2)(d), and
(c) annually, in relation to—
(i) the conditions in prisons and the treatment of prisoners, and
(ii) the exercise of the functions of independent prison monitors.
(4) In relation to a report made under subsection (3)(c)—
(a) the report is to be in such form and made by such date as the Scottish Ministers
may direct, and
(b) different forms and different dates may be directed in relation to reports made
under subsection (3)(c)(i) and (ii).
(5) The Chief Inspector must lay before the Scottish Parliament—
(a) a copy of any report made under subsection (3)(c), and
(b) a copy of any report made by a prison monitoring co-ordinator under section
7B(6)(b) or (c).
(a) 1994 c.33. Section 102 was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 19 95 (c.40),
Schedule 4, paragraph 93(3)(a) and (b)(i) and (ii), the Criminal Justice (Scotland) Act 2003 (asp 7), section 76(10), the
Police and Fire Reform (Scotland) Act 2012 (asp 8), schedule 7, paragraph 9(2) and S.S.I. 2005/465.
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