Article 2 Amendment of article 1 of the principal Order

In article 1 of the principal Order (citation, commencement and interpretation), in paragraph (2), in sub-paragraph (a)—

(a)

after the definition of “independent medical agency”^f1, insert the following definition—

““juvenile justice centre” means a juvenile justice centre established under the Criminal Justice (Children) Northern Ireland) Order 1998^f2;”;

(b)

after the definition of “Primary Care Trust”^f3, insert the following definitions—

““prison” means a prison established under the Prison Act 1952^f4, the Prisons (Scotland) Act 1989^f5 or the Prison Act (Northern Ireland) 1953^f6;

“prison officer” means an officer of a prison, young offender institution, remand centre, juvenile justice centre, young offenders centre or secure training centre and includes a prisoner custody officer;”;

(c)

after the definition of “prison service”^f7, insert the following definitions—

““prisoner” means any person, aged sixteen years or more, for the time being detained in legal custody in a prison, young offenders institution, young offenders centre, remand centre, secure training centre or juvenile justice centre, as a result of a requirement imposed by a court or otherwise that he be so detained;”

“prisoner custody officer means—

(a)

as respects a prison situated in England or Wales, a person certified as such pursuant to section 89(1) of the Criminal Justice Act 1991^f8,

(b)

as respects a prison situated in Scotland, a person certified as such pursuant to section114 of the Criminal Justice and Public Order Act 1994^f9,

(c)

as respects a prison situated in Northern Ireland, a person certified as such pursuant to section 122 of the Criminal Justice and Public Order Act 1994, or

(d)

as respects a secure training centre situated in England or Wales, a person certified as such pursuant to section 12 of the Criminal Justice and Public Order Act 1994;”;

(d)

in the definition of “relevant register”^f10—

(i)

in paragraph (a) omit “and”;

(ii)

in paragraph (b), after “the Pharmacy (Northern Ireland) Order 1976^f11;” insert “and”; and

(iii)

after paragraph (b), insert—

“(c)

in relation to a person whose name is registered in the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001^f12 relating to—

(i)

chiropodists and podiatrists;

(ii)

physiotherapists; or

(iii)

radiographers: diagnostic or therapeutic,

that register”;

(e)

after the definition of “relevant register”, insert the following definition—

““remand centre” means a remand centre established under the Prison Act 1952^f13 or the Prisons (Scotland) Act 1989;”;

(f)

after the definition of “Special Health Authority”^f14, insert the following definition—

““secure training centre” means a secure training centre established under the Prison Act 1952;”;

(g)

in the definition of “supplementary prescriber”^f15—

(i)

in paragraph (b), omit “or”,

(ii)

in paragraph (c), after “a registered midwife;” insert “or”,

(iii)

after paragraph (c), insert—

“(d)

a person whose name is registered in the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to—

(i)

chiropodists and podiatrists;

(ii)

physiotherapists; or

(iii)

radiographers: diagnostic or therapeutic,”; and

(iv)

after “an annotation” insert “or entry”; and

(h)

after the definition of “United Kingdom marketing authorisation”^f16, insert the following definitions—

““young offender institution” means a young offender institution established under the Prison Act 1952 or the Prisons (Scotland) Act 1989;

“young offenders centre” means a young offenders centre established under the Treatment of Offenders Act (Northern Ireland) 1968^f17.”.

Annotations

Footnotes

f1: The definition of “independent medical agency” was inserted by S.I. 2003/697.
f2: S.I. 1998/1504 (N.I. 9).
f3: The definition of “Primary Care Trust” was inserted by S.I. 2000/1919.
f4: 1952 c. 52.
f5: 1989 c. 45.
f6: 1953 c. 18.
f7: The definition of “prison service” was inserted by S.I. 2003/697.
f8: 1991 c. 53.
f9: 1994 c. 33.
f10: The definition of “relevant register” was inserted by S.I. 2004/1 and amended by S.I. 2004/1771.
f11: S.I. 1976/1213 (N.I. 22).
f12: S.I. 2002/254.
f13: See section 43(1)(a) of the Prison Act 1952 which will be repealed by the Criminal Justice and Court Services Act 2000 (c.. 43), on a date which is to be appointed pursuant to section 80 of that Act.
f14: The definition of “Special Health Authority” was inserted by S.I. 2000/1919.
f15: The definition of “supplementary prescriber” was inserted by S.I. 2004/1.
f16: The definition of “United Kingdom marketing authorisation” was inserted by S.I. 2000/1919.
f17: 1968 c. 29 (N.I.).