# Her Majesty’s Chief Inspector of Prisons (Specified Organisations) Order 2007

S.I. 2007/1173 · made 3 April 2007

This Order specifies certain persons as “organisations” for the purposes of paragraph 3(4) of Schedule A1 to the Prison Act 1952, which was inserted by section 28 of the Police and Justice Act 2006. Paragraph 3 of Schedule A1 imposes a duty on Her Majesty’s Chief Inspector of Prisons to prevent or limit certain proposed inspections of specified organisations in order to prevent an unreasonable burden being imposed on those organisations. The specified organisations are the persons listed in article 3 of this Order.

Made under: 1952 c. 52

PDFs: Printed copy https://openlegislation.uk/her-majestys-chief-inspector-of-prisons-specified-organisations-order-2007/pdf/uksi_20071173_en.pdf; Explanatory Memorandum https://openlegislation.uk/her-majestys-chief-inspector-of-prisons-specified-organisations-order-2007/pdf/uksiem_20071173_en.pdf

## Introductory text

prisons, england and wales
Made 3rd April 2007
Laid before Parliament 10th April 2007
Coming into force 1st May 2007
The Secretary of State makes the following Order in exercise of the powers conferred by paragraph 3(4) of Schedule A1 to the Prison Act 1952:

## 1 Citation, commencement and interpretation

(1) This Order may be cited as Her Majesty’s Chief Inspector of Prisons (Specified Organisations) Order 2007 and shall come into force on 1st May 2007.
(2) In this Order—
“the 1952 Act” means the Prison Act 1952;
“the 1991 Act” means the Criminal Justice Act 1991;
“the 1999 Act” means the Immigration and Asylum Act 1999.

## 2 Specified organisations

The following persons are specified as organisations for the purposes of paragraph 3(4) of Schedule A1 to the 1952 Act (inspections by other inspectors of organisations within Chief Inspector’s remit)—
(a) a Governor or other person working at a prison as defined in section 53(1) of the 1952 Act (interpretation);
(b) a director, controller or other person working at a contracted out prison as defined in section 84(4) of the 1991 Act (contracted out prisons);
(c) a Governor or other person working at a young offender institution as defined in section 43(1)(aa) of the 1952 Act (remand centres and young offender institutions);
(d) a Governor or other person working at a remand centre as defined in section 43(1)(a) of the 1952 Act;
(e) the manager or other person working at a removal centre as defined in section 147 of the 1999 Act (interpretation);
(f) any person working at a short-term holding facility as defined in section 147 of the 1999 Act;
(g) any person exercising escort functions under arrangements made under section 80 of the 1991 Act (arrangements for the provision of prisoner escorts); and
(h) any person exercising escort functions under arrangements made under section 156 of the 1999 Act (arrangements for the provision of escorts and custody).

## Signature

Tony McNulty
Minister of State
Home Office
3rd April 2007

## Explanatory note

(This note is not part of the Order)
This Order specifies certain persons as “organisations” for the purposes of paragraph 3(4) of Schedule A1 to the Prison Act 1952, which was inserted by section 28 of the Police and Justice Act 2006. Paragraph 3 of Schedule A1 imposes a duty on Her Majesty’s Chief Inspector of Prisons to prevent or limit certain proposed inspections of specified organisations in order to prevent an unreasonable burden being imposed on those organisations. The specified organisations are the persons listed in article 3 of this Order.
The specification has an effect if a person or body falling within paragraph 3(2) of Schedule A1 proposes to inspect one of the specified organisations. The persons or bodies in paragraph 3(2) are: Her Majesty’s Inspectorate of the National Probation Service for England and Wales; Her Majesty’s Chief Inspector of Education, Children’s Services and Skills; the Commission for Healthcare Audit and Inspection; the Commission for Social Care Inspection; and the Audit Commission for Local Government and the National Health Service in England and Wales.
If Her Majesty’s Chief Inspector of Prisons considers that the proposed inspection by one of these persons or bodies would impose an unreasonable burden on one of the specified organisations, listed in article 2, the Chief Inspector must give notice to that person or body not to carry out the proposed inspection or not to carry it out in a particular manner.

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Source: https://www.legislation.gov.uk/uksi/2007/1173 (the official version)
Page: https://openlegislation.uk/her-majestys-chief-inspector-of-prisons-specified-organisations-order-2007
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.