Article 82 Contracted out prisons

(1)

Where the Secretary of State has entered into a contract for the running of a prison under section 84 of the Criminal Justice Act 1991 M1 (“the 1991 Act") these Rules shall have effect in relation to that prison with the following modifications—

(a)

references to an officer in the Rules shall include references to a prisoner custody officer certified as such under section 89(1) of the 1991 Act and performing custodial duties;

(b)

references to a governor in the Rules shall include references to a director approved by the Secretary of State for the purposes of section 85(1)(a) of the 1991 Act except—

F1(i)

in rule 81 the reference to a governor shall include a reference to a controller appointed by the Secretary of State under section 85(1)(b) of the 1991 Act;

(ii)

in rules 62(1), 66 and 77 where references to a governor shall include references to the director and the controller; and

F2(iii)

in rules 45, 48, 49, 53, 53A, F353B, 54, 55, F455AB, 57, 60, 61 and 61A where references to a governor shall include a reference to the director or the controller;

(c)

rule 68 shall not apply in relation to a prisoner custody officer certified as such under section 89(1) of the 1991 Act and performing custodial duties.

F5(1A)

The director of a prison may, with the leave of the Secretary of State, delegate any of his powers and duties under rules 45, 48, 49, 53, 53A, F653B, 55, F755AB, 57, 60, 61 and 61A to another officer of that prison.

F8(2)

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Annotations

Textual amendments

F1: Rule 82(1)(b)(i) substituted (1.11.2007) by The Prison (Amendment) Rules 2007 (S.I. 2007/2954), rules 1, 4
F2: Rule 82(1)(b)(iii) inserted (2.11.2007) by The Prison (Amendment No. 2) Rules 2007 (S.I. 2007/3149), rules 1, 2(2)(a)
F3: Word in rule 82(1)(b)(iii) inserted (temp.) (15.5.2020) by virtue of The Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 (S.I. 2020/508), rule 1(1), Sch. 1 para. 13(a) (with rule 1(3))
F4: Words in rule 82(1)(b)(iii) inserted (1.11.2013) by The Prison and Young Offender Institution (Amendment) Rules 2013 (S.I. 2013/2462), rule 1, Sch. 1 para. 5 (with rule 4)
F5: Rule 82(1A) inserted (2.11.2007) by The Prison (Amendment No. 2) Rules 2007 (S.I. 2007/3149), rules 1, 2(2)(b)
F6: Word in rule 82(1A) inserted (temp.) (15.5.2020) by virtue of The Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 (S.I. 2020/508), rule 1(1), Sch. 1 para. 13(b) (with rule 1(3))
F7: Words in rule 82(1A) inserted (1.11.2013) by The Prison and Young Offender Institution (Amendment) Rules 2013 (S.I. 2013/2462), rule 1, Sch. 1 para. 5 (with rule 4)
F8: Rule 82(2) omitted (2.11.2007) by virtue of The Prison (Amendment No. 2) Rules 2007 (S.I. 2007/3149), rules 1, 2(2)(c)

Marginal citations

M1: 1991 c. 53.