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The Imprisonment and Detention (Army) (Amendment) Rules 1991

S.I. 1991/826 · Made 15 March 1991

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

DEFENCE

Made 15th March 1991

Laid before Parliament 15th April 1991

Coming into force 27th May 1991

The Secretary of State, in exercise of the powers conferred upon himby sections 122 and 123 of the Army Act 1955f1and all other powers enabling him in that behalf, herebymakes the following Rules:

Annotations to the whole text

Footnotes

f1

1955 c. 18.

Contents

  1. 1Citation and commencement
  2. 2Amendment of principal rules
  3. 3Places in which women shall serve military sentences of imprisonmentor detention
  4. 4Mechanical restraint and use of special clothing
  5. 5Removal of references to the reconsidering authority
  6. Signature
  7. Explanatory note

1Citation and commencement

These Rules may be cited as the Imprisonment and Detention (Army)(Amendment) Rules 1991 and shall come into force on 27th May 1991.

2Amendment of principal rules

The Imprisonment and Detention (Army) Rules 1979f1 shall be amended in accordance with the followingprovisions of these Rules.

3Places in which women shall serve military sentences of imprisonmentor detention

(1)

In Rule 18(1), for the words from“or in unit” to the end there shall be substituted“or, pending reception therein, in a military establishment or partthereof (not being a military prison) of, or set apart for members of,the women’s forces.”

(2)

In Rule 18(2), for the words from“in unit” to the end there shall be substituted“in a military establishment or part thereof (not being a militaryprison) of, or set apart for members of, the women’s forces.”

(3)

In Rule 18(3), for the words from“service detention” to the end there shall be substituted“a military establishment or part thereof (not being a militaryprison) of, or set apart for members of, the women’s forces.”

(4)

In Rule 19, for the words“other than one” there shall be substituted“unless the whole or part thereof is”.

4Mechanical restraint and use of special clothing

In Rule 98(3)(f), the words“(i) shall not apply to unit detention rooms of a unit of the women'sforces; and (ii)” and the words“(other than those of a unit of the women’s forces)” shall be omitted.

5Removal of references to the reconsidering authority

(1)

In Rule 2, the definition of“reconsidering authority” shall be omitted.

(2)

In Rule 21, for the words“officer, reviewing authority or reconsidering authority” there shall be substituted“officer or reviewing authority”.

(3)

In Rule 31, the words“(c) the reconsidering authority” and in paragraph (d) the words“or reconsidering” shall be omitted.

(4)

In Rule 81(a), for the words“court-martial, the reviewing authority or the reconsideringauthority” there shall be substituted“court-martial or the reviewing authority”.

Signature

Tom King

Secretary of State for Defence

15th March 1991

Explanatory note

(The note is not part of the Rules)

These Rules make further provision for the imprisonment anddetention of service men and women in the army by—

(a)

amending Rules 18 and 19 of the Imprisonment and Detention (Army)Rules 1979 (as amended) to extend the range of establishments whereservice women may be held in custody;

(b)

amending Rule 98(3)(f) to provide that the Rules (Rules 91 to 97)relating to the use of mechanical restraint and special clothing are thesame for service men and women; and

(c)

removing references to the reconsidering authority following therepeal ofsection 114 of the Army Act 1955.