Explanatory note

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.