The Prisons and Young Offenders Institutions (Scotland) Rules 2011
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The Prisons and Young Offenders Institutions (Scotland) Rules 2011
Scottish Statutory Instruments
PrisonsMade12 th September 2011Laid before the Scottish Parliament14 th September 2011Coming into force1 st November 2011The Scottish Ministers make the following Rules in exercise of the powers conferred by section 52 of the Courts-Martial (Appeals) Act 1968(1) , sections 3 A, 8 , 11 , 12 , 14 , 33 A and 39 of the Prisons (Scotland) Act 1989(2) and sections 104(6) and 114(3) of, and paragraph 3(2)(b) of Schedule 6 to, the Criminal Justice and Public Order Act 1994(3) and all other powers enabling them to do so.PART 1 GENERALCitation and commencement1. These Rules may be cited as the Prisons and Young Offenders Institutions (Scotland) Rules 2011 and come into force on 1 st November 2011.Interpretation2.—(1) In these Rules—“the Act” means the Prisons (Scotland) Act 1989(4);“the 1993 Act” means the Prisoners and Criminal Proceedings (Scotland) Act 1993(5);“the 1994 Act” means the Criminal Justice and Public Order Act 1994;“the 2006 Rules” means the Prisons and Young Offenders Institutions (Scotland) Rules 2006(6);“accommodation” means the cells or rooms used to accommodate prisoners for living and sleeping purposes;“appellant” means, subject to rule 2(3) , a prisoner—who appeals under section 106 or 175 of the 1995 Act(7) against his or her conviction or sentence, or against both conviction and sentence;whose case has been referred to the High Court of Justiciary by the Scottish Criminal Cases Review Commission pursuant to section 194 B(1) of the 1995 Act(8);who appeals by way of bill of suspension against his or her conviction or sentence, or both conviction and sentence, in summary proceedings;who appeals under section 8 of the Courts-Martial (Appeals) Act 1968(9) against his or her conviction or sentence, or both conviction and sentence, or who appeals under section 39(1) of that Act(10) from any decision of the Courts-Martial Appeal Court on an appeal under section 8 of that Act; orwho is returned to prison under section 18(2) of the 1993 Act and who appeals under section 19 of that Act;“appropriate member”, in relation to a member of the chaplaincy team, means a member who represents the religious denomination concerned or who has pastoral care of the prisoner concerned;“biometric data” includes fingerprints or other physical measurements and any other data specified by direction made by Scottish Ministers;“chaplain” means the person who is appointed pursuant to section 3(2) of the Act as the chaplain to a prison;“chaplaincy team” consists of the chaplain and any prison minister and any visiting minister;“civil prisoner” means a person who is committed to prison—by virtue of non compliance with an order under section 45 of the Court of Session Act 1988(11);under section 4 or 6 of the Civil Imprisonment (Scotland) Act 1882(12);by virtue of a warrant granted under section 1(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940(13);for contempt of court or for non payment of a fine imposed for contempt of court; orfor breach of interdict;“clothing” includes footwear, jewellery and other objects worn for personal adornment;“constable” has the same meaning as in section 51(1) of the Police (Scotland) Act 1967(14);“contracted out prison” means a prison or part of a prison the running of which a contract under section 106 of the 1994 Act(15) is for the time being in force;“contracted out services” means services to a prison (other than a contracted out prison) or to staff or prisoners therein, provided other than by officers or employees;“controlled drug” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971(16);“Deputy Governor” means any officer who is appointed to act in place of the Governor in Charge during any period when the Governor in Charge is temporarily absent from the prison;“employee” means an employee (not being an officer of a prison) appointed by the Scottish Ministers under section 51 of the Scotland Act 1998(17);“film” has the same meaning as in Part I of the Copyright, Designs and Patents Act 1988(18);“Governor” means—in this rule, rules 90(1) , 93 , 94 and any rule in Part 12 (other than rule 120(3)) , the Governor in Charge;in rules 6 , 7 , 14 , 35 and 81 and in any rule in Parts 3 , 8 , 10 (other than rules 90(1) , 93 and 94) , 11 and 14 to 17 and, unless otherwise expressly provided for, in directions made under rules 19(2)(g) , 21(1)(b)(iii) , 22 , 26 , 55(5) , 62(2) , 77(3) and 86 , any of the following—the Governor in Charge;the Deputy Governor;any authorised Unit Manager; andwhere there is no officer as mentioned in paragraphs (i) to (iii) present for the time being in the prison, the most senior officer who is present in prison at that time; andin any other provision in these Rules, any officer;“Governor in Charge” means the officer who is appointed as the Governor in overall charge of the prison or, in the case of legalised police cells, the consta...See the full content of this document
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