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STATUTORY INSTRUMENTS

2007 No. 2954

PRISONS

The Prison (Amendment) Rules 2007

  Made 10th October 2007 
  Laid before Parliament 11th October 2007 
  Coming into force 1st November 2007 

The Secretary of State, in exercise of the power conferred by section 47 of the Prison Act 1952[1], makes the following Rules:

Citation and commencement
     1. These Rules may be cited as the Prison (Amendment) Rules 2007 and shall come into force on 1st November 2007.

Amendment of the Prison Rules 1999
     2. The Prison Rules 1999[2] are amended as follows.

     3. In rule 79—

     4. For rule 82(1)(b)(i) substitute—



Signed by the authority of the Secretary of State


David Hanson
Minister of State Ministry of Justice

10th October 2007


EXPLANATORY NOTE

(This note is not part of the Rules)


These Rules amend the Prison Rules 1999 ("the 1999 Rules"). They provides for the change of name from "boards of visitors" to "independent monitoring boards" in line with recent amendments to the Prison Act 1952 (c.52) introduces in the Offender Management Act 2007(c.21).

They also make amendments to rule 79(3) which relates to access to the records of the prison by members of the independent monitoring board. They provide that member of the board shall have access to the records of the prison, except that they shall not have access to any records held for the purposes of or relating to conduct authorised in accordance with Part II of the Regulation of Investigatory Powers Act 2000 (c.23), which relates to surveillance and covert human intelligence sources.

They also amend the Rules to reflect changes to the powers and responsibilities of directors in contracted out prisons within the meaning of the Criminal Justice Act 1991. The changes in question are made by section 19 of the Offender Management Act 2007 (c. 21) so as to enable a director to conduct certain disciplinary hearings relating to prisoners and to take specified measures relating to the segregation and restraint of prisoners, whether or not the need for those measures is urgent.

These Rules remove references from the 1999 Rules that reflected the prohibition on directors carrying out those tasks which was in place prior to the changes made by the 2007 Act.

Notes:

 [1] 1952 c.52back

[2] S.I. 1999/728. Rule 82 has been amended by S.I.2002/2116.back

[3] 2000 c.23.back


ISBN 978 0 11 078854 8


 © Crown copyright 2007

Prepared 17 October 2007

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URL: http://www.bailii.org/uk/legis/num_reg/2007/20072954.html