# The Prison and Young Offender Institution (Coronavirus, etc.) (Amendment) (No. 3) Rules 2020

S.I. 2020/1077 · made 29 September 2020 · revised to 8 December 2021

These Rules amend the Prison Rules 1999 (S.I. 1999/728) (“the 1999 Rules”), the Young Offender Institution Rules 2000 (S.I. 2000/3371) (“the 2000 Rules”) and the Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/508) (“the 2020 Rules”). The Rules provide for the following categories of amendments:— clarification in relation to directions made providing for coronavirus restricted temporary release of certain offenders directed by the Secretary of State in response to the coronavirus pandemic;— additions to the list of specified drugs for the purposes of section 16A (testing prisoners for drugs) of the Prison Act 1952 (c. 52) (“the Act”); and— amendments to the definition of a transition period in the 2020 Rules.

PDFs: Printed copy https://openlegislation.uk/prison-and-young-offender-institution-coronavirus-etc-amendment-no-3-rules-2020/pdf/uksi_20201077_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/prison-and-young-offender-institution-coronavirus-etc-amendment-no-3-rules-2020/pdf/uksiem_20201077_en.pdf

## Introductory text

Prisons, England And Wales
Young Offender Institutions, England And Wales
Made 29th September 2020
Laid before Parliament 5th October 2020
Coming into force 26th October 2020
The Secretary of State makes the following Rules in exercise of the powers conferred by section 47(1), (3A) and (5) of the Prison Act 1952 .

## 1 Citation and commencement

These Rules may be cited as the Prison and Young Offender Institution (Coronavirus, etc.) (Amendment) (No. 3) Rules 2020 and come into force on 26th October 2020.

## 2 Amendment of the Prison Rules 1999

(1) The Prison Rules 1999 are amended as follows.
(2) In rule 9A(4) (coronavirus restricted temporary release), after “framed”, insert “ , in accordance with the other provisions of this rule, ”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 3 Amendment of the Young Offender Institution Rules 2000

(1) The Young Offender Institution Rules 2000 are amended as follows.
(2) In rule 5A(4) (coronavirus restricted temporary release), after “framed”, insert “ , in accordance with the other provisions of this rule, ”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 4 Amendment of the Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020

(1) Schedule 1 to the Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 is amended as follows.
(2) In paragraph 2(b), in the definition of “transition period”, for “provided for by Rule 2A” substitute “ of 3 months starting on the date on which a transmission control period ends ”.
(3) Omit paragraph 3.

## 5 

(1) Schedule 2 to the Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 is amended as follows.
(2) In paragraph 2(b), in the definition of “transition period”, for “provided for by rule 2A” substitute “ of 3 months starting on the date on which a transmission control period ends ”.
(3) Omit paragraph 3.

## Signature

Lucy Frazer
Minister of State
Ministry of Justice

## Explanatory note

(This note is not part of the Rules)
These Rules amend the Prison Rules 1999 (S.I. 1999/728) (“the 1999 Rules”), the Young Offender Institution Rules 2000 (S.I. 2000/3371) (“the 2000 Rules”) and the Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/508) (“the 2020 Rules”). The Rules provide for the following categories of amendments:
— clarification in relation to directions made providing for coronavirus restricted temporary release of certain offenders directed by the Secretary of State in response to the coronavirus pandemic;
— additions to the list of specified drugs for the purposes of section 16A (testing prisoners for drugs) of the Prison Act 1952 (c. 52) (“the Act”); and
— amendments to the definition of a transition period in the 2020 Rules.
Rules 2(2) clarifies that the framing of a direction describing a class or classes of prisoners who will be released under Rule 9A of the 1999 Rules may only be in accordance with the other provisions of rule 9A. Rule 3(2) provides the same clarification for directions made under rule 5A of the 2000 Rules.
Rules 2(3) and 3(3) add one substance to the lists of specified drugs in Schedule 2 to the 1999 Rules and the 2000 Rules for the purposes of section 16A of the Act.
Rules 4 and 5 amend Schedules 1 and 2 to the 2020 Rules to change the transition period at the end of a transmission control period to 3 months.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2020/1077 (the official version)
Page: https://openlegislation.uk/prison-and-young-offender-institution-coronavirus-etc-amendment-no-3-rules-2020
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.