{
  "url": "https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-amendment-rules-1998/article-3",
  "json_url": "https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-amendment-rules-1998/article-3.json",
  "legislation": "uksi/1998/1589",
  "legislation_title": "The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1998",
  "legislation_url": "https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-amendment-rules-1998",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Amendment of rule 3 of the principal Rules",
  "text": "(1) Rule 3 of the principal Rules (interpretation) is amended in accordance with the following paragraphs of this rule.\n(2) In paragraph (1), for the definition of “appellant”, there is substituted the following definition:–\n““appellant” means a prisoner–\n(a) who appeals under section 106 or 175 of the Criminal Procedure (Scotland) Act 1995 against his conviction and sentence, or against his sentence only;\n(b) whose case has been referred to the High Court of Justiciary by the Secretary of State pursuant to section 263(1) of the Criminal Procedure (Scotland) Act 1975 or section 124(3) of the said Act of 1995;\n(c) who appeals by way of bill of suspension against his conviction or sentence, or both conviction and sentence, in summary proceedings;\n(d) who appeals under section 8 of the Courts-Martial (Appeals) Act 1968 against his conviction or sentence, or both conviction or sentence, or who appeals under section 39(1) of that Act from any decision of the Courts-Martial Appeal Court on an appeal under section 8 of that Act; or\n(e) who is returned to prison under section 18(2) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 and who appeals under section 19 of that Act,\nand, for the purposes of this definition, a prisoner shall be deemed to be an appellant from the time–\n(i) in the case of an appeal as mentioned in sub-paragraph (a) above in solemn proceedings, he lodges an intimation of intention to appeal in terms of section 109(1) of the said Act of 1995 or, in the case of an appeal against sentence only, a note of appeal in terms of section 110(1) of that Act;\n(ii) in the case of an appeal as mentioned in sub-paragraph (a) above in summary proceedings, he lodges an application for a stated case under section 176(1) of the said Act of 1995 or, in the case of an appeal against sentence only, a note of appeal under section 186(1) of that Act;\n(iii) in the case of a reference as referred to in sub-paragraph (b) above, the Secretary of State refers the case to the High Court of Justiciary;\n(iv) in the case of an appeal as referred to in sub-paragraph (c) above, he lodges the bill of suspension;\n(v) in the case of an appeal as referred to in sub-paragraph (d) above, he presents a petition in terms of section 8(2) of the Courts-Martial (Appeals) Act 1968; or\n(vi) in the case of an appeal as referred to in sub-paragraph (e) above, he lodges a note of appeal,\nuntil the appeal, or, as the case may be, the reference is finally disposed of or abandoned in its entirety;”.\n(3) In paragraph (1), in the definition of “Governor”–\n(a) for paragraph (a) of that definition, there is substituted the following paragraph:–\n“(a) in this rule, rules 68(4), 78, 88A and 88B and in any rule in Part 11 (other than rule 103), the Governor-in-Charge;”; and\n(b) in paragraph (b) of that definition, for the words “rule 88A” there are substituted the words “rules 88A and 88B”.\n(4) In paragraph (1), after the definition of “long-term prisoner” there is inserted the following definition:–\n““media representative” means a photographer, cameraman or a researcher or producer for or of any television, radio or other programme intended for broadcast or transmission by any form of electronic medium;”.\n(5) In paragraph (1), for the definition of “medical officer”, there is substituted the following definition:–\n““medical officer” means a registered medical practitioner who is–\n(a) appointed as a medical officer by virtue of an appointment made under section 3(1) of the Act prior to its amendment by section 43(1) of the Crime and Punishment (Scotland) Act 1997;\n(b) appointed to be a medical officer for the prison under section 3A(2)(a) of the Act; or\n(c) providing, or supervising the provision of, appropriate medical services within the meaning of section 3A(3) of the Act, in accordance with an arrangement made under section 3A(2)(b) of the Act,\nand, except where the context otherwise requires, any reference to a medical officer includes such an officer who is for the time being liable to be required to attend at the prison;”.\n(6) In paragraph (1), in the definition of “security category” for the words “category assigned in accordance with rule 12” there are substituted the words–\n“security category which may be assigned in accordance with Part 2A of these Rules”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1995 c. 46."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1975 c. 21."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1968 c. 20; section 8 was amended by the Armed Forces Act 1971 (c. 33), section 73(2) and Schedule 2, paragraph 1(2), by the Armed Forces Act 1976 (c. 52), section 22(5) and Schedule 9, paragraph 16 and by the Armed Forces Act 1991 (c. 62), Schedule 3."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1968 c. 20; section 8(2) was amended by the Armed Forces Act 1971 (c. 33), Schedule 2, paragraph 1(2)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "1997 c. 48."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1998/1589/article/3",
    "retrieved_at": "2026-10-29T11:26:24.777016+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}