Explanatory note

These Rules amend the Prison Rules 1999 (“the 1999 Rules”). Rule 4 alters all references to “boards of visitors” in the 1999 Rules to “independent monitoring boards”, following the renaming of the board by section 26(1) of the Offender Management Act 2007. Rule 5 removes the reference to ‘boards of visitors’ in rule 61(2) of the 1999 Rules. Boards of visitors, now independent monitoring boards, no longer have any role in imposing punishments for disciplinary offences.

Rule 6 provides for amendments to rule 70 (prohibited articles) to remove the illustrative list of unauthorised articles which may be confiscated by the governor.

Section 22 of the Offender Management Act 2007(c.21) inserted sections 40A to 40C of the Prison Act 1952. In consequence, Rule 7 inserts a new Rule 70A into the 1999 Rules. Rule 70A lists for the purposes of the new section 40C, the List C articles which it is an offence to bring, or attempt to bring into a prison intending to give to a prisoner, or intending it to come into a prisoner’s possession, or to take out of a prison on a prisoner’s behalf.